In re Cynthia Pinheiro

¶ 1. Petitioner Cynthia Pinheiro appeals the superior court's judgment for the State with respect to her petition for post-conviction relief (PCR). In her PCR action, petitioner seeks to set aside her conviction for aggravated domestic assault on the basis that the plea colloquy was defective under Vermont Rules of Criminal Procedure 11(c) and (f) because the trial court failed to identify the mental element of the crime (that she acted willfully or recklessly) and to elicit a factual basis supporting that element. We conclude that the plea colloquy was not substantially compliant with the…