Francisco Hernandez, s/k/a Francisco Alberto Hernandez v. Commonwealth of Virginia

OPINION BY

JUDGE ROBERT P. FRANK

Francisco Hernandez, appellant, appeals his convictions of breaking and entering, two counts of attempted robbery, four counts of use of a firearm in the commission of felonies, and abduction. Appellant contends the trial court abused its discretion by denying his motion to withdraw his guilty pleas prior to sentencing. We find that the trial court erred by denying the motion because appellant’s counsel misadvised her client concerning a valid insanity defense. For the reasons that follow, we reverse the judgment of the trial court.

Background

This case originated…