Zapata v. Commonwealth

Appellant entered an Alford plea to one count of murder. Before sentencing, Appellant submitted a motion to withdraw his plea, arguing that his counsel deceived him when she informed him that he could withdraw his plea at any time before sentencing and that his plea was involuntarily entered. After a hearing, the trial court denied the motion. On appeal, Appellant argued that the trial court erred by resolving the plea issue without taking evidence and without appointing conflict-free counsel. The Supreme court vacated the judgment and the order denying Appellant’s motion to withdraw his guilty plea, holding (1) an actual conflict existed in this case, and an evidentiary hearing should have been held at which Appellant’s attorney’s testimony would have been necessary; and (2) the error created a manifest injustice. Remanded to the trial court for further proceedings.