In his second appearance before this court, Brian Lee Schlau appeals from the denial of his amended motion to withdraw his guilty plea to the statutory rape of his daughter. He raises six enumerations of error, alleging recantation by the victim, threats by the prosecutor, lack of ability to enter a plea due to depression and prescription drugs, failure to advise him of the possible sentence, ineffective assistance of counsel, and threats of a more severe sentence if he did not plead guilty. Because the evidence is in conflict with respect to each of Schlau’s allegations, the trial court did not abuse its discretion in denying the motion to withdraw the plea, and we therefore affirm. Schlau was indicted for incest, rape, statutory rape, aggravated sodomy, aggravated child molestation, and aggravated sexual battery. After trial began and a jury had been selected, Schlau pleaded guilty to the statutory rape count, with the State agreeing to dismiss the remaining counts. Approximately four months later, Schlau filed a pro se motion to withdraw his plea, which was denied. He appealed from this denial, and we vacated and remanded for further proceedings because the trial court did not hold a hearing on the guilty plea or on Schlau’s request for appointment of counsel. Schlau v. State , 261 Ga. App. 303, 305 582 SE2d 243 2003. After remand, Schlau was appointed counsel, who eventually was replaced by retained counsel. The trial court held a hearing and denied the motion to withdraw the plea. From this order, Schlau appeals.
1. We first consider the well established legal principle that when a trial court denies a motion to withdraw a guilty plea, it may be reversed only for a manifest abuse of discretion. After sentence is pronounced, whether to allow the withdrawal of a guilty plea lies within the trial court’s sound discretion, and we review the trial court’s decision for manifest abuse of that discretion. Of course, in determining the motion, the trial court is the final arbiter of all factual disputes raised by the evidence. If evidence supports the trial court’s findings, we must affirm. Citations and punctuation omitted. Norris v. State , 277 Ga. App. 289, 292 1 626 SE2d 220 2006; see also Sheffield v. State , 270 Ga. App. 576, 577 1 607 SE2d 205 2004.
