Franklin Lee Thomason, Jr. v. Commonwealth of Virginia, 69 Va. App. 89

On Jan 24, 2016, Thomason shot and killed D.W. in his home after an alcohol-fueled confrontation involving Thomason, his girlfriend Amy, and D.W.; Thomason made various statements to police including that the shooting was accidental or manslaughter.
Thomason pleaded guilty pursuant to a written plea agreement to second-degree murder, possession of a firearm by a felon, and use of a firearm in the commission of a felony; the Commonwealth nolle prosequied or reduced other charges per the deal.
On the day of sentencing Thomason learned of a potential witness, Andrew Palaisa, who said Amy had given him inconsistent accounts that could impeach her testimony.
Thomason moved pre-sentencing to withdraw his guilty pleas, arguing Palaisa’s testimony produced a material mistake of fact and a reasonable defense.
The circuit court found Palaisa not credible, concluded his testimony did not establish a reasonable defense, found the Commonwealth would be prejudiced by withdrawal (having honored the plea), and denied the motion; the court then sentenced Thomason to 40 years with 18 suspended (30 years total).
Thomason appealed, arguing the court abused its discretion in denying withdrawal and that the sentence was constitutionally disproportionate.

Issue	Thomason's Argument	Commonwealth's Argument	Held
Whether pre-sentencing withdrawal of a guilty plea should be allowed	Palaisa’s testimony impeaches Amy and supplies newly discovered exculpatory evidence creating a reasonable defense, so withdrawal should be permitted under Parris/Justus	Palaisa was not credible; impeachment of witness testimony alone is insufficient; plea agreement and prejudice to Commonwealth bar withdrawal	Denial affirmed: defendant failed to show a reasonable defense supported by credible evidence and Commonwealth would be prejudiced given the plea agreement
Whether the sentence was unconstitutionally disproportionate	The sentence is excessive under Eighth Amendment proportionality principles (citing Solem and related cases)	Sentence is within statutory limits; appellate review ends when sentence is statutorily authorized	Denial affirmed: sentence within statutory range so appellate proportionality review is at an end

Parris v. Commonwealth, 189 Va. 321 (Parris sets the standard favoring withdrawal of pleas when "ends of justice" so require)
Justus v. Commonwealth, 274 Va. 143 (clarifies that pleas entered inadvisedly may be withdrawn when a reasonable defense exists)
Williams v. Commonwealth, 59 Va. App. 238 (impeachment or mere credibility conflicts do not, by themselves, satisfy Parris)
Small v. Commonwealth, 292 Va. 292 (prejudice to the Commonwealth is a relevant factor when plea agreements are involved)
Wright v. Commonwealth, 275 Va. 77 (plea agreements are contracts; contract principles apply)
Solem v. Helm, 463 U.S. 277 (Eighth Amendment proportionality principle cited by defendant)