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JOHNSON v. ANIS

Record No. 111937.

731 S.E.2d 914 (2012)

284 Va. 462

Gene M. JOHNSON, Director of the Department of Corrections v. Anthony Louis ANIS.

Supreme Court of Virginia.

September 14, 2012.

Attorney(s) appearing for the Case

Gregory W. Franklin , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on briefs), for appellant.

David B. Hargett for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, McCLANAHAN, and POWELL, JJ., and RUSSELL, S.J.

Opinion by Senior Justice CHARLES S. RUSSELL.

This appeal presents a question of the circumstances in which a defendant in a criminal case, who has entered a guilty plea, may be permitted to withdraw that plea and proceed to trial on a plea of not guilty. It involves the distinction that applies when a motion to withdraw a guilty plea is made after, rather than before, a sentence has been imposed.

In 2006, Anthony Louis Anis entered an Alford plea of...

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