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.