Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: SUSAN D. RAYL Smith Rayl Law Office, LLC Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana BRIAN REITZ Deputy Attorney General Indianapolis, Indiana

FILED
Dec 21 2010, 9:30 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 49A04-1004-CR-238

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge The Honorable Peggy Ryan Hart, Commissioner Cause No. 49G20-0804-FA-085658

December 21, 2010

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary James McGraw ("McGraw") appeals the denial of his motion to withdraw his plea of guilty to Dealing in Cocaine, as a Class B felony,1 presenting the sole issue of whether the trial court abused its discretion by denying the motion for withdrawal. We affirm. Facts and Procedural History On April 21, 2008, the State charged McGraw with Dealing in Cocaine, as a Class A felony, Possession of Cocaine, as a Class C felony,2 Possession of a Controlled Substance, as a Class D felony,3 Battery, as a Class D felony,4 Maintaining a Common Nuisance, as a Class D felony,5 Possession of Marijuana, as a Class A misdemeanor,6 and Visiting a Common Nuisance, as a Class B misdemeanor.7 On December 1, 2009, McGraw pled guilty to Dealing in Cocaine, as a Class B felony, and the remaining charges were dismissed. On December 21, 2009, McGraw orally moved to withdraw his guilty plea. On January 27, 2010, he filed a Verified Motion to Withdraw Guilty Plea, alleging that, at the time of the plea agreement, he had been "under the influence of controlled substances and/or marijuana." (App. 113.) On March 29, 2010, the trial court denied McGraw's motion and sentenced him to ten years imprisonment. McGraw now appeals.

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Ind. Code

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