Vermont v. StewartAnnotate this Case
Defendant Andrew Stewart, Jr. pleaded guilty to assault and robbery with a deadly weapon based on allegations that during the evening of February 11, 2017, defendant held a gun to the complainant’s head in the parking lot of a restaurant, demanded her money, and took her bag, wallet, and phone. At the plea colloquy, Defendant stated, “I’m not denying I robbed anyone, sir. In my heart I know I robbed somebody. . . . Do I remember putting a gun to her head and telling her to give me money? No, sir, I do not. I don’t remember the incident.” He said that he had had sufficient time to discuss the plea agreement with his attorney and had no concerns with his attorney’s work for him. The trial court acknowledged it was “struggling somewhat with the defendant’s acknowledgement of the factual basis here.” But the court accepted defendant’s plea because defendant “repeatedly asserted” the following: the plea was voluntary; he had committed the crime and could not remember the incident only because he was intoxicated at the time; and he did not contest the State’s evidence. On appeal of his ultimate conviction, defendant argued the district court erred in denying his motion to withdraw his guilty plea. Based on the trial court’s “struggle” with accepting defendant’s plea, and “given our liberal standard for granting a withdrawal of plea,” the Vermont Supreme Court concluded the trial court abused its discretion in denying defendant’s motion.