Motion to Withdraw Guilty Plea Ohio
In State v. Minkner, Champaign App. No. 2006CA32, 2007 Ohio 5574, at P7-9, this court stated:
"A defendant's motion to withdraw a guilty plea, made before sentencing, should be freely and liberally granted, provided the movant demonstrates a reasonable and legitimate basis for the withdrawal. State v. Xie (1992), 62 Ohio St.3d 521, 584 N.E.2d 715.
However, a defendant does not have an absolute right to withdraw his plea prior to sentencing. Id.
A trial court must hold a hearing on the motion to determine if a reasonable and legitimate basis exists for the withdrawal. Id.
"The decision whether to grant or deny a presentence request to withdraw a guilty plea is a matter resting within the trial court's sound discretion. Id.
Such decisions will not be disturbed on appeal absent a showing that the trial court abused its discretion; that is, acted in an unreasonable, arbitrary, unconscionable manner. Id.
"No abuse of discretion in denying a presentence motion to withdraw a plea is demonstrated where:
(1) the accused is represented by highly competent counsel;
(2) the accused was afforded a full hearing, pursuant to Crim.R. 11, before entering the plea;
(3) after the motion to withdraw is filed the accused is given a complete and impartial hearing on the motion;
(4) the record reveals that the trial court gave full and fair consideration to the plea withdrawal request. State v. Peterseim (1980), 68 Ohio App.2d 211, 428 N.E.2d 863.