Erroneous Denial of Presentencing Motion


The defendant/appellant pled guilty of "nonsupport of dependents." The defendant was alleged of failing to make support payments for a period of 26 weeks. This is a fifth degree felony. The defendant was originally sentenced to five years' community control and $15,788.67 to the Franklin County Child Support Enforcement Agency. The sentence was reversed on the grounds that the trial court failed to hold a hearing on the defendant's presentence motion to withdraw his guilty plea. The appellant also claimed that the trial court failed to advise him of the consequences of pleading guilty to a felony charge as a non-citizen. Denial of presentencing motion to withdraw plea was error where trial court did not hold an oral hearing before ruling, Crim.R. 32.1. To learn more about this case, visit State v. Hurlburt.