Robert Levon Branch v. Commonwealth of Virginia
60 Va. App. 540
| Va. Ct. App. | 2012Background
- Branch pled guilty to rape under Alford plea, with intent to avoid admitting guilt but accepting sentence capped at fifteen years.
- Trial court conducted a guilty-plea colloquy; Branch stated it was in his best interests to plead and discussed case with counsel.
- Commonwealth proffered uncontested facts: Branch fathered a child with S.H., a mentally-incapacitated adult; DNA matched; expert testimony suggested lack of capacity to consent; plea accepted and pre-sentence report ordered.
- Before sentencing, Branch’s prior counsel withdrew; new counsel filed a motion to withdraw the guilty plea before sentencing.
- Branch testified that he pled under pressure and that prior counsel told him he would receive forty years if he did not plead; trial court denied the motion.
- Branch was sentenced to 70 years with all but 15 suspended; Branch appealed challenging the denial of the pre-sentence withdrawal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pre-sentence motion to withdraw a guilty plea was properly denied. | Branch argues good faith and reasonable defense shown; trial court erred in denying. | Commonwealth maintains no good-faith or reasonable-defense basis; record shows buyer's remorse. | Denial affirmed; Branch did not act in good faith or present a reasonable defense. |
Key Cases Cited
- Alford v. United States, 400 U.S. 25 (1970) (permits guilty plea without admission of participation)
- Justus v. Commonwealth, 274 Va. 143 (2007) (pre-sentence withdrawal requires liberal standard allowing withdrawal if reasonable defense exists)
- Parris v. Commonwealth, 189 Va. 321 (1949) (two-part test: good faith and reasonable defense for pre-sentence withdrawal)
- Bottoms v. Commonwealth, 281 Va. 23 (2011) (clarifies liberal standard for pre-sentence withdrawal under Justus/Parris)
- Hubbard v. Commonwealth, 60 Va. App. 200 (2012) (distinguishes good-faith findings from mere voluntary admission in withdrawal ruling)
- Williams v. Commonwealth, 59 Va. App. 238 (2011) (recognizes that fear of sentencing alone is not controlling; context matters)