STATE v. SMITH

Appellate No. 07-CA-140.

2009 Ohio 164

State of Ohio, Plaintiff-Appellee, v. Arbrie Smith, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on January 16, 2009.


Attorney(s) appearing for the Case

Amy M. Smith, Attorney Reg. #0081712, Clark County Prosecutor's Office, P.O. Box 1608, 50 East Columbia Street, 4th Floor, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Helen C. Wallace, Atty. Reg. #0071989, 110 East Central Avenue, Miamisburg, Ohio 45342, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Arbrie Smith appeals from an order of the trial court overruling his motion to withdraw his guilty plea, without a hearing. Smith contends that the more liberal standard prescribed for pre-sentence motions to withdraw a plea should be applied in this case. Assuming, without deciding, that the more liberal standard prescribed for pre-sentence motions should be applied, we...

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