Fletcher v. State

I respectfully dissent. I disagree with the majority's conclusion that the trial court must hold an evidentiary hearing when a defendant files a motion to withdraw a guilty plea. IND.CODE 35-85-1-4(b) does not expressly provide or require that the trial court conduct a hearing on a defendant's motion to withdraw his guilty plea. 1.0. 35-85-1-4(b) provides:

After entry of a plea of guilty ... but before imposition of sentence, the court may allow the defendant by motion to withdraw his plea of guilty ... for any fair and just reason unless the state has been substantially prejudiced by reliance…