State v. Wargo

Defendant appeals from an order of the Chittenden District Court determining that it lacked jurisdiction to consider defendant’s motion to withdraw his guilty plea. The trial court thereafter granted defendant’s motion for permission to bring this appeal pursuant to V.R.A.E 5.1. The district court certified the following question for our review: “Where defendant pled guilty to an offense, received a fully suspended one-to-five year sentence, and was placed on probation on September 13, 1996, does the District Court have jurisdiction to consider defendant’s January 2, 1997 motion to withdraw…