State v. Wisell

The defendant was charged with six counts of welfare fraud [then 33 V.S.A. § 2581(3)], a misdemeanor. She eventually entered pleas of nolo contendere to two of those counts, as amended, under a plea bargain for dismissal of the remaining charges. Subsequently she filed a motion to vacate her pleas upon the ground urged here, inter alia, that the trial court had failed to inform her that she was waiving her privilege against self-incrimination, as required by V.R. Cr.P. 11 (c) (4). No evidence was taken on the motion, although the trial court made findings of fact from the record. The motion…