State v. Wallen, 21688 (5-4-2007)

OPINION

{¶ 1} Defendant-appellant Scott Wallen appeals from his conviction and sentence for Aggravated Burglary, with a firearm specification, and Felonious Assault, following a no-contest plea. Wallen contends that the trial court erred by denying his motion to withdraw his plea.

{¶ 2} The only error we have found in the record is the trial court's application of the stricter, post-sentencing standard to Wallen's motion to withdraw his plea. The trial court, after indicating its inclination to apply the post-sentencing standard, afforded both parties an opportunity to brief that issue; neither…