State v. Xie

In State v. Xie (1992), 62 Ohio St.3d 521, 527, 584 N.E.2d 715, the Ohio Supreme Court explained the mandates of Crim.R. 32.1 as follows: "The rule requires a defendant to show that the proceeding during which he entered that plea was extraordinarily and fundamentally flawed. A presentence motion to withdraw a guilty plea should be freely and liberally granted. Nevertheless, it must be recognized that a defendant does not have an absolute right to withdraw a plea prior to sentencing. Therefore, the trial court must conduct a hearing to determine whether there is a reasonable and legitimate basis for the withdrawal of the plea." The decision to grant or deny such motion is entirely within the trial court's discretion. Accordingly, the Court will not alter a trial court's decision absent a showing of an abuse of discretion. Xie, supra.