In re Wight ManningAnnotate this Case
Petitioner appealed a superior court’s order granting judgment to the State on his petition for post-conviction relief (PCR) challenging his third conviction for driving under the influence (DUI) following his sentencing for a fourth DUI offense that had been enhanced by the DUI-3 conviction. He argued that the trial court that accepted the plea agreement that led to his conviction for DUI-3 did not ensure his guilty plea was voluntary and supported by a factual basis as required by Vermont Rules of Criminal Procedure 11(d) and 11(f). As relief, he sought an order vacating the DUI-3 conviction. After review, the Supreme Court concluded that the plea colloquy for the DUI-3 was inadequate to establish the factual basis required by Rule 11(f), but that Vermont's established law did not provide for an order vacating the DUI-3 conviction. Because the remedy for the improper conviction for the DUI-3 lied in the post-conviction challenge to the sentence for the DUI-4, the Court reversed and remanded with instructions to the trial court to enter a judgment vacating the 2014 sentence for DUI-4 and conduct a resentencing on that charge.