LILLY v. COM.

Record No. 771000.

243 S.E.2d 208 (1978)

Mark Randall LILLY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 21, 1978.


Attorney(s) appearing for the Case

Robert C. Whitestone, Fairfax, Dickson J. Young, Alexandria, for plaintiff in error.

Robert E. Bradenham, II, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and COMPTON, JJ.


CARRICO, Justice.

This case involves a post-sentence motion for withdrawal of a plea of guilty entered pursuant to a plea bargain. The parties fully performed the agreement, but the trial court refused to follow the prosecutor's recommendation for sentencing. The errors assigned all concerned the alleged failure of the trial court to warn the defendant that it was not bound by the plea agreement or the recommendation for sentencing.

The defendant, Mark Randall...

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