Graham v. Commonwealth

Opinion

DUFF, J.

The issue presented in this case is the extent of a criminal defendant’s right to plead guilty to an indictment. We hold that under the Virginia Constitution, the statutes and the Rules of the Supreme Court of Virginia, a trial court may reject a guilty plea to the whole of an indictment tendered without a plea agreement only when it determines that the plea is constitutionally invalid. Further, we hold that this determination extends only to ensuring that a guilty plea is made voluntarily, intelligently and knowingly. In the instant case we find that the trial court exceeded…