FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 16CR093382
J. DARLING, Attorney at Law, for Appellant.
P. WILL, Prosecuting Attorney, and NATASHA RUIZ GUERRIERI,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR, Judge.
Defendant-Appellant David West appeals from the judgment of
the Lorain County Court of Common Pleas. This Court affirms.
In March 2016, an indictment was filed alleging that West
failed to register a change of address. West ultimately
pleaded guilty to the charge. At the plea hearing, the trial
court informed West that he needed to show the trial court
that he could be successful on community control. To do so,
the trial court indicated that West must do several things
before he returned for sentencing, one of which was to follow
At the sentencing hearing, prior to imposing sentence, West,
West's counsel, and the State were all given an
opportunity to speak. See Crim.R. 32(A). The State
informed the trial court that, in the interim between the
plea and sentencing hearing, West "got into more
trouble[.]" The trial court then reminded West of what
the trial court told West at the plea hearing and began
discussing the relevant sentencing statutes. Immediately
after the trial court began imposing a prison sentence,
instead of placing West on community control, West's
counsel indicated that West wished to withdraw his former
plea. The trial court summarily denied the motion without a
hearing. Immediately after the trial court denied the motion,
defense counsel interrupted and asked to speak further for
the record. The trial court told defense counsel to proceed.
Defense counsel then merely reiterated that West wished to
withdraw his plea but did not provide a reason why West
wished to do so. Additionally, defense counsel did not
request an evidentiary hearing. The trial court then
proceeded to sentence West to 10 months in prison.
West has appealed, raising a single assignment of error for
TRIAL COURT ERRED IN REFUSING TO ALLOW WEST TO WITHDRAW HIS
West argues in his sole assignment of error that the trial
court erred in denying West's motion to withdraw his
guilty plea. While his stated assignment of error is broadly
worded, the substance of his argument is actually very
limited. West maintains that his motion should be viewed as a
pre-sentence motion. Thus, because of that, he maintains that
the trial court was required to hold a hearing on his motion.
Accordingly, because the trial court failed to hold a
hearing, he maintains this Court is required to remand the
matter for a hearing.
Crim. R. 32.1 provides that, "[a] motion to withdraw a
plea of guilty or no contest may be made only before sentence
is imposed; but to correct manifest injustice the court after
sentence may set aside the judgment of conviction and permit
the defendant to withdraw his or her plea." "An
appellate court reviews a trial court's order denying a
motion to withdraw a guilty plea for an abuse of
discretion." State v. Robinson, 9th Dist.
Summit No. 28065, 2016-Ohio-8444, ¶ 9. "While a
defendant does not have an absolute right to withdraw a
guilty plea prior to sentencing, the trial court
must conduct a hearing to ascertain whether the
motion has a reasonable and legitimate basis." (Emphasis
sic.) State v. Ross, 9th Dist. Summit Nos. 26523,
26524, 2013-Ohio-3220, ¶ 12. However, this ...