Commonwealth v. Boofer

SPAETH, Judge:

This appeal is from an order denying appellant’s request to withdraw his guilty plea.

Rule 320 of the Pennsylvania Rules of Criminal Procedure provides that “[a]t any time before sentence, the court may, in its discretion, permit or direct a plea of guilty to be withdrawn and a plea of not guilty substituted.” The discretion thus given the court is not, however, unfettered. Since a plea of guilty involves the waiver of constitutional rights guaranteed an accused, in exercising its discretion the court should be liberal. Commonwealth v. Woods, 452 Pa. 546, 307 A.2d 880 (1973);…