Commonwealth v. Holland

Syllabus

01/16/2025 Considering the Commonwealth's appeal from a judgment of the Court of Appeals of Virginia holding that the circuit court had abused its discretion by denying a defendant's motion to withdraw her pre-sentencing plea of no contest to felony child neglect resulting in serious injury, made on the eve of sentencing and premised on the defendant's contention that, although made in good faith, it had been entered inadvisedly based on misrepresentations made by her former counsel, the Court of Appeals applied an incorrect standard of review, improperly shifted the burden of proof away from the defendant, and wrongly swapped the circuit court's discretion for its own. The judgment of the Court of Appeals is reversed, the final order of the circuit court denying the motion to withdraw the defendant's plea is reinstated, and final judgment is entered here for the Commonwealth.