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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: MATTHEW JON McGOVERN Evansville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RYAN D. JOHANNINGSMEIER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES DURHAM, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A04-0504-CR-175

APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable Carl A. Heldt, Judge Cause No. 82C01-0305-MR-529

August 31, 2006

MEMORANDUM DECISION ON REHEARING - NOT FOR PUBLICATION

NAJAM, Judge

James Durham has filed a petition for rehearing asking that we address an alleged error in our memorandum decision. See Durham v. State, No. 82A04-0504-CR-175 (Ind. Ct. App. Apr. 13, 2006). We grant Durham's petition for rehearing for the limited purpose of addressing one issue, namely, whether the trial court abused its discretion when it denied Durham's motion to withdraw his guilty plea. 1 We reaffirm our decision. Durham first argues that this court erred when it found that Durham had not alleged that manifest injustice resulted from the trial court's denial of his motion to withdraw his guilty plea. Upon review of Durham's appellate brief, we acknowledge that he used the term "manifest injustice." Specifically, Durham confused manifest injustice with the abuse of discretion standard when he argued that the trial court's abuse of discretion worked a manifest injustice. But the abuse of discretion standard does not apply to or cause a manifest injustice. Instead, courts must apply one of two standards when reviewing a ruling on a motion to withdraw a plea. As we noted in our decision, a trial court's decision on a motion to withdraw a plea is reviewed for an abuse of discretion if there is no claim of manifest injustice to the defendant or substantial prejudice to the State. Ind. Code

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