State v. Cross

Defendant Leon Cross, Jr., appeals from an order of the Bennington District Court denying his motion to withdraw his plea of guilty to the charge of simple assault. 13 V.S.A. § 1023(a)(1).

On June 10, 1981, defendant entered into a plea agreement with the prosecution. The agreement provided that in return for a plea of guilty to the charge (1) a presentence report would be ordered, V.R.Cr.P. 32(c)(1), (2) the State would concur with any recommendations in the report, (3) if the report recommended confinement, the State would recommend no more than three months to serve, and (4) defendant’s…