Summary
This Virginia Supreme Court opinion addresses the appropriate standard of review and substantive test for granting a pre-sentence motion to withdraw a no-contest plea. The Court reverses the Court of Appeals, holding that it improperly shifted the burden of proof, disregarded binding precedent regarding plea colloquy statements, and failed to defer to the trial court’s discretionary ruling under an abuse-of-discretion standard. The Supreme Court reinstates the trial court’s denial of the defendant’s motion.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in denying Holland's motion to withdraw a pre‑sentencing no‑contest plea.
- Whether the Court of Appeals applied the correct standard of review and burden of proof in reviewing the trial court's denial.
Holdings
- The trial court did not abuse its discretion; the denial was proper.
- The Court of Appeals erred by shifting the burden to the Commonwealth and by failing to defer to the trial court's factual findings.
Key quotations
“The decision whether to grant or deny the withdrawal of a plea “is a matter that rests within the sound discretion of the trial court and is to be determined by the facts and circumstances of each case.””
“A trial court’s finding on the issue of good faith is a finding of fact to which appellate courts defer.”
Factual background
Holland gave her three‑year‑old son methadone, believing it to be Zyrtec, causing serious injury. She entered a no‑contest plea, later learned her former counsel had misrepresented sentencing consequences, and moved to withdraw the plea before sentencing. The trial court denied the motion and sentenced her to five years suspended, with probation.
Procedural history
Holland entered a no‑contest plea to felony child neglect. After new counsel was appointed, she moved to withdraw the plea before sentencing. The trial court denied the motion. The Court of Appeals reversed, holding the trial court abused its discretion. The Supreme Court of Virginia reviewed the appeal.