Summary
In State v. Kiss, 3 Conn. App. 400, 488 A.2d 845 (1985), the defendant moved to withdraw a plea one week after the imposition of sentence. Withdrawal was deemed untimely in that it was sought after the imposition of sentence.
Summary of this case from State v. FalconOpinion
(2794)
Argued January 9, 1985
Decision released March 19, 1985
Information charging the defendant with the crime of selling cocaine, brought to the Superior Court in the judicial district of Windham, geographical area number eleven, where the defendant pleaded guilty; thereafter, the defendant filed a motion to withdraw her guilty plea, and the court, Conway, J., rendered judgment denying the motion, from which the defendant appealed to this court. No error.
Richard R. Brown, for the appellant (defendant).
Susan C. Marks, special deputy assistant state's attorney, with whom, on the brief, were Mark Solak and Carl Schuman, assistant state's attorneys, for the appellee (state).
The defendant pleaded guilty to a felony, selling cocaine in violation of General Statutes (Rev. to 1981) 19-480 (a) (now 21a-277 [a]), on the basis of plea negotiations. After polling the defendant, the trial court accepted the plea of guilty and, on November 8, 1983, imposed a sentence, in accordance with the plea bargain, of five years imprisonment, sentence suspended after two years, and three years of probation. On November 15, 1983, through new counsel, the defendant moved to withdraw the plea of guilty claiming various infirmities in the trial court's acceptance of that plea. The trial court was correct in denying that motion on the ground that it was untimely under Practice Book 720 since it was not filed before the imposition of the sentence.