State v. Caraballo

The sole issue presented upon appeal is whether the trial court erred in denying appellant’s motion to withdraw his guilty plea to the felony charge of drug trafficking. For the reasons which follow, we affirm the court’s ruling.

After a defendant has been sentenced, a court may permit withdrawal of a plea only to correct a manifest injustice. Crim. R. 32.1. The burden of establishing the existence of such injustice is upon the defendant. State v. Smith (1977), 49 Ohio St. 2d 261 [3 O.O.3d 402], paragraph one of the syllabus. The logic behind this precept is to discourage a defendant from…