David Junior Howell v. Commonwealth of Virginia
60 Va. App. 737
| Va. Ct. App. | 2012Background
- Howell pled guilty to grand larceny under Alford on Oct 1, 2009 after colloquy; court explained Alford is a guilty plea with innocence asserted.
- Commonwealth presented evidence of an ongoing scheme defrauding an elderly victim, Ms. Bunn, of over $40,000.
- Howell disputed amount but admitted performing some work; defense noted prior felonies affect credibility.
- Sentencing on Feb 11, 2010 imposed 20 years with 15 suspended.
- Howell moved pro se on Feb 22, 2010 to withdraw his guilty plea; trial court held a hearing May 4, 2010 and denied.
- Appellant appealed, challenging the denial as an abuse of discretion and asserting mental-competency issues during the plea process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-sentencing withdrawal was proper | Howell argues manifest injustice justifies withdrawal | Commonwealth contends standard is manifest injustice; pre-sentencing liberal standard not applicable | Abuse not shown; manifest-injustice standard applied and denied |
| Whether the mental-competency claim supports withdrawal | Howell claimed mental instability invalidated the plea | Trial court credibility supported competency; no manifest injustice | No manifest injustice; trial court credibility determinations upheld |
Key Cases Cited
- Justus v. Commonwealth, 274 Va. 143 (2007) (pre-sentencing standard for withdrawal; then manifest injustice applies post-sentencing)
- Parris v. Commonwealth, 189 Va. 321 (1949) (standard for withdrawal based on circumstances; credibility and evidence weight)
- Lilly v. Commonwealth, 218 Va. 960 (1978) (withdrawal post-sentencing requires manifest injustice; avoid disappointment in sentence)
- Tooke v. Commonwealth, 47 Va. App. 759 (2006) (miscarriage of justice inquiry; need affirmative evidence of innocence)
- Hubbard v. Commonwealth, 60 Va. App. 200 (2012) (pre-sentencing withdrawal denial may be appropriate where prejudice to Commonwealth exists)
- Johnson v. Anis, Va. , 731 S.E.2d 914 (2012) (definition of manifest injustice and evidentiary standards)