“If the defendant should be ... induced to plead guilty by ... persuasion, or the holding out of hopes which prove to be false or ill founded, he should be permitted to withdraw his plea.”
How later courts described this case
- “If the defendant should be ... induced to plead guilty by ... persuasion, or the holding out of hopes which prove to be false or ill founded, he should be permitted to withdraw his plea.”
- deciding case on grounds of “substantial fairness” before adoption of Rule 24.02(d)(4) mandating such a procedure
Written by the judges who cited it.
The opinion
OPINION CONCURRING IN RESULT
FINCH, Judge.
I agree that under the facts of this case movant should be given an opportunity to withdraw his plea of guilty and plead anew. However, I would not amend Rule 27.25, V.A.M.R. 1 by judicial decision without simultaneously actually amending the rule itself. To leave Rule 27.25 as it presently reads, while articulating a more expanded rule by judicial decision, will lead to confusion and mistake which is avoidable if the applicable rule is amended to spell out procedure and requirements.
What the principal opinion proposes without so stating is the adoption of the provisions of Rule 11(e)(4) of the Federal Rules of Criminal Procedure except for the reference therein to pleas of nolo contendere. Our standing Committee on Rules, chaired by Judge Cullen Coil, recommended in an earlier report that this court do precisely that. 2 The recommendation was a part of a proposed revision of all of our rules of criminal procedure. The court delayed action thereon for the purpose of determining what, if any, changes therein would be required by reason of the adoption of the new Judicial Article and the new Criminal Code. I would go ahead at this time and at least act on and adopt the proposed new rule with reference to pleas and the withdrawal of pleas of guilty.
. This is our present rule governing the withdrawal of pleas of guilty.
. The provision recommended by the committee reads as follows:
“Rejection of a Plea Agreement. If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or,
on a showing Of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, and advise the defendant that if he persists in his guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement."