State v. Scelza

Supreme Court of Vermont

State v. Scelza

359 A.2d 660, 134 Vt. 385, 1976 Vt. LEXIS 684

CourtSupreme Court of Vermont

DecidedJune 1, 1976

Docket301-75

StatusPublished

Cited by6 cases

This text of 359 A.2d 660 (State v. Scelza) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Scelza, 359 A.2d 660, 134 Vt. 385, 1976 Vt. LEXIS 684 (Vt. 1976).

Pincite

Opinion

Daley, J.

Defendant appeals from the denial of a motion to withdraw a plea of guilty brought under the provisions of V.R.Cr.P. 32(d).

The withdrawal of a guilty plea is not a matter of right but is within the sound discretion of the court, and the burden is upon the defendant to show that the court abused its discretion in denying the motion to withdraw. See State v. Rich, 132 Vt. 277, 316 A.2d 523 (1974). See also In re Philip R. Newton, 125 Vt. 453, 218 A.2d 394 (1966).

The burden was upon the defendant to establish the facts which she alleged entitled her to relief. See In re Mossey, 129 Vt. 133, 274 A.2d 473 (1971); ABA Standards Relating to Pleas of Guilty, §2.1(a)(ii) and commentary.

Findings were made by the trial court as to all matters of record. But none were, or could have been, made as to the factual issues raised by the motion because no evidence was introduced. Absent such evidence, no basis exists for granting the relief sought.

Appeal dismissed.

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