Appeal from Superior Court, Lamoille Unit, Criminal Division
Carlson, J. (motion to withdraw plea); Megan J. Shafritz, J.
Tartter, Deputy State's Attorney, Montpelier, for
Allison N. Fulcher of Martin & Delaney Law Group, Barre,
PRESENT: Reiber, C.J., Robinson and Eaton, JJ., and Skoglund,
J. (Ret.) and Howard, Supr. J. (Ret.), Specially Assigned
1. Defendant appeals the trial court's denial of
defendant's motion to withdraw a guilty plea. We reverse
2. Defendant 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. The
State also alleged that defendant subsequently used the
complainant's credit card to make purchases. At the plea
colloquy, the prosecutor stated the factual basis for the
allegations, and the court questioned defendant as follows:
THE COURT: [D]oes that sound like what happened?
DEFENDANT: Honestly, sir, I was drinking a lot. And I
remember bits and pieces of the night. But I'm not
denying what I did; I'm not saying I didn't do it. .
. . I'm not blaming alcohol for it, either.
THE COURT: So did you hold a gun to the [complainant's]
head in that encounter?
DEFENDANT: No, sir. I don't remember holding a gun to
THE COURT: Do you remember threatening a woman in any way in
the parking lot of that [restaurant] and demanding that she