State v. Mitchell Bowen

¶ 1. Defendant appeals his conviction for sexual assault following his guilty plea, arguing that during the plea colloquy the trial court failed to comply with Vermont Rule of Criminal Procedure 11(f) and did not establish a factual basis for the charge. We hold that the standard for reviewing Rule 11(f) challenges in direct-appeal cases is the same as that used for challenges brought in post-conviction relief (PCR) proceedings. Under that standard, we conclude that the colloquy in this case did not comply with the requirements of Rule 11(f), and reverse and remand.

¶ 2. In October 2013,…