Lilly v. Commonwealth

This case involves a post-sentence motion for withdrawal of a plea of guilty entered pursuant to a plea bargain. The parties fully performed the agreement, but the trial court refused to follow the prosecutor’s recommendation for sentencing. The errors assigned all concern the alleged failure of the trial court to warn the defendant that it was not bound by the plea agreement or the recommendation for sentencing.

The defendant, Mark Randall Lilly, originally was charged in two warrants with statutory rape and felonious fondling of a nine-vear-old girl. Prior to preliminary hearing, defense…