6 Conn. App. 469 | Conn. App. Ct. | 1986
The defendant appeals from the judgment convicting him of assault in the first degree in violation of General Statutes § 53a-59 (a) (1) which was rendered upon his guilty plea. He claims that because the court did not, during the plea proceedings, explain to him the essential elements of the crime, or ask him if he fully understood those elements, his plea was not voluntary and, therefore, was made in violation of his constitutional right to due process. He accordingly claims that the trial court erred by denying his motion to withdraw the guilty plea. We agree.
A careful review of the record shows that none of the elements of this offense were explained to the defendant during the taking of the guilty plea. Nor did the court address the defendant personally to determine whether he fully understood the nature of the charge to which he was pleading.
There is error, the judgment is set aside and the case is remanded with direction to permit the defendant to withdraw his guilty plea and to proceed in accordance with law.