State v. Fisk

This case presents a recurring problem in prosecutions for sexual assault where an attempt to settle on inconclusive terms produces an unsatisfying result to one or both parties. See, e.g., State v. Coleman, 160 Vt. 638, 632 A.2d 21 (1993) (mem.). In refusing to face squarely the basic flaws in such illusory settlements, the majority departs from our longstanding policy that presentence motions for withdrawal of plea are to be liberally granted. The result is unjust and prompts me to dissent.

The trial court’s holding lies in the following two sentences:

While the court recognizes that its…