State v. James Scarola

¶ 1. Defendant appeals the denial of his motion to withdraw three pleas stemming from his alleged assault of his wife at their Burlington home. First, defendant argues that the trial court erred, to his prejudice, because it did not allow him to withdraw his pleas even though he did not know that he would be sentenced the same day as his change-of-plea hearing and there was neither a presentence investigation nor a personal waiver of that investigation by defendant. Second, defendant argues that he must be allowed to withdraw his plea because the court erroneously participated in the plea…