Velazquez v. Commonwealth

OPINION BY CHIEF JUSTICE DONALD W. LEMONS

In this appeal, we consider whether the Court of Appeals erred in holding that the trial court lacked jurisdiction to consider a defendant's motion to withdraw his guilty plea and whether, in an alternative holding by the trial court, it abused its discretion by denying the motion on its merits.

I. Facts and Proceedings

On October 30, 2014, in the Circuit Court of the City of Staunton ("trial court"), German Cortes Velazquez ("Velazquez") pleaded guilty to the charge of computer solicitation of a child in violation of Code § 18.2-374.3. During the…