863 S.E.2d 861
Va. Ct. App.2021Background
- DeLuca was indicted on multiple counts of taking indecent liberties with a child and using a communications system to solicit a child; he signed a written plea agreement and pled guilty.
- The plea agreement and plea colloquy included DeLuca’s acknowledgment that he discussed and understood sex-offender registration consequences under Virginia law.
- Months later, before sentencing, DeLuca moved to withdraw his guilty pleas claiming he mistakenly believed the registration obligation would expire after ten years.
- At the hearing, the trial court called DeLuca’s trial counsel to testify after counsel sought to proffer his conversations; counsel testified under oath but continued to represent DeLuca and argued the motion afterward.
- The trial court discredited DeLuca’s claimed misunderstanding (and found bad faith/gamesmanship based on a recorded jail call), denied the motion to withdraw, and sentenced DeLuca consistent with his pleas.
- DeLuca appealed, asserting (1) the trial court deprived him of his Sixth Amendment right to counsel by requiring counsel to testify, and (2) the court abused its discretion in denying the motion to withdraw his pleas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether forcing defense counsel to testify at a plea-withdrawal hearing violated DeLuca’s Sixth Amendment right to counsel | Requiring counsel to testify silenced counsel as advocate and deprived DeLuca of assistance at a critical stage | Trial court permissibly required testimony; counsel was not removed and continued to represent DeLuca; testimony supported defendant | No Sixth Amendment violation; counsel remained counsel and did not testify adverse to client |
| Whether the trial court abused its discretion in denying DeLuca’s pre-sentencing motion to withdraw guilty pleas | DeLuca claimed a good-faith mistake of material fact (ten-year registration belief) justifying withdrawal | Commonwealth argued plea was knowing and voluntary, claim was not credible, motion was filed in bad faith and would prejudice prosecution | No abuse of discretion; trial court discredited the claimed mistake, found bad faith/gamesmanship, and properly denied the motion |
Key Cases Cited
- Browning v. Commonwealth, 19 Va. App. 297 (1994) (calling counsel as witness who then testified adverse to client can deprive defendant of right to counsel)
- Spence v. Commonwealth, 60 Va. App. 355 (2012) (discussing Sixth Amendment right to assistance of counsel)
- Huguely v. Commonwealth, 63 Va. App. 92 (2014) (de novo review for constitutional right-to-counsel questions)
- Parris v. Commonwealth, 189 Va. 321 (1949) (standard for withdrawing a guilty plea before sentencing)
- Justus v. Commonwealth, 274 Va. 143 (2007) (requirement to show a reasonable defense to withdraw plea)
- Small v. Commonwealth, 292 Va. 292 (2016) (prejudice to the Commonwealth as factor in plea-withdrawal analysis)
- Hubbard v. Commonwealth, 60 Va. App. 200 (2012) (bad faith/delay bars plea withdrawal)
- Branch v. Commonwealth, 60 Va. App. 540 (2012) (deference to trial court’s factual findings)