State v. Tabbaa

{¶ 44} I respectfully dissent regarding Tabbaa’s motion to withdraw his plea pursuant to R.C. 2943.031.

{¶ 45} The case law is quite settled that the trial court has no discretion regarding whether to grant a motion to withdraw a guilty plea if the statutory conditions are met. State v. Yuen, Franklin App. No. 01AP-1410, 2002-Ohio-5083, 2002 WL 31124023; State v. Mason (Feb. 15, 2002), Greene App. No. 2001-CA-113, 2002 WL 242662; State v. Weber (1997), 125 Ohio App.3d 120, 707 N.E.2d 1178. “[A]s evidenced by the use of the mandatory term ‘shall,’ the trial court has no discretion and must set…