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STATE v. SCELZA

No. 301-75.

359 A.2d 660 (1976)

STATE of Vermont v. Mary Lou SCELZA.

Supreme Court of Vermont.

June 1, 1976.

Attorney(s) appearing for the Case

Michael J. Sheehan, Windsor County State's Atty. and William J. Donahue, Deputy State's Atty., White River Junction, for plaintiff.

John A. Burgess Associates, Ltd., Montpelier, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.

DALEY, Justice.

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...

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