Walter Delany Booker, Jr. v. Commonwealth of Virginia
734 S.E.2d 729
Va. Ct. App.2012Background
- Appellant Booker was charged with heroin distribution, weapon charges, and felon in possession, with potential life plus 10 years and mandatory minimums under various statutes.
- He pled guilty under a written plea agreement: gun charges dropped and drug distribution reduced from third to first offense, reducing sentencing exposure and eliminating mandatory minimums.
- A detailed plea colloquy preceded the court’s acceptance of the plea; the evidence tied to the search linked DNA to Booker and to items found with Reid’s drugs.
- Five months after the plea, Booker moved to withdraw the plea arguing duress and that he was not present for the crime; defense counsel supported the withdrawal request but stressed Booker’s ultimate choice.
- The court denied withdrawal, sentenced Booker to 15 years with 12 suspended, and revoked eight years of a prior cocaine-sentencing suspension due to new drug conviction.
- In a companion case, Booker challenges the revocation of the entire eight-year suspended sentence, arguing it was excessive and that the new conviction was improperly considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying withdrawal of the guilty plea | Booker claims the plea was entered under duress and misled, warranting withdrawal. | Commonwealth argues no coercion or misadvice; counsel advised but did not coerce; defense was insubstantial. | No abuse; plea withdrawal denied. |
| Whether revocation of eight years of a previously suspended sentence was proper | Given Booker’s initial good probation, the revocation was excessive and the new drug conviction was improperly relied upon. | New conviction constitutes good cause to revoke; denial of withdrawal justified. | No abuse; entire suspended sentence revoked. |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (U.S. 1971) (plea negotiations and timely sentencing considerations)
- Peyton v. King, 210 Va. 194 (Va. 1969) (plea constitutes a solemn act and waives defenses except jurisdictional)
- Tollett v. Henderson, 411 U.S. 258 (U.S. 1973) (once guilty plea is entered, cannot raise pre-plea rights claims)
- Parris v. Commonwealth, 189 Va. 321 (Va. 1949) (motion to withdraw must be duly made and sustained by proofs)
- Justus v. Commonwealth, 274 Va. 143 (Va. 2007) (withdrawal granted when there is a substantive reasonable defense)
- Bottoms v. Commonwealth, 281 Va. 23 (Va. 2011) (defense not merely formal; must be substantive and substantiated)
- Hubbard v. Commonwealth, 60 Va. App. 200 (Va. App. 2012) (court considers whether claimed defense is substantive rather than mere abuse)
- Williams v. Commonwealth, 59 Va. App. 238 (Va. App. 2011) (fear or stress alone does not require withdrawal of plea)
- Whitehead v. Commonwealth, 278 Va. 105 (Va. 2009) (consideration of new conviction in revocation of suspended sentence)