Commonwealth v. Muller

If an accused enters a plea of guilty to and is sentenced for a criminal offense defined during the guilty plea colloquy, may he subsequently withdraw his plea of guilty after it has been determined that the guilty plea colloquy was erroneous and that as a consequence he was sentenced for an offense which he did not commit and with which he was not charged? The majority holds that such a plea cannot be withdrawn. I respectfully dissent.

Jeffrey Muller entered pleas of guilty to seven counts of forgery, theft by deception and theft by receiving stolen property. The charges arose from seven…