Julie A Frame HOFF na Rae NCURTIS “iy et Attorneys at Law January 20, 2017 Mary Mossey, Interim COM Vermont Superior Court Franklin Criminal Division 36 Lake Street St. Albans, VT 05478 Re: State of Vermont v. Norman McAllister Docket No. 481-5-15 Frer Dear Mary: Enclosed please find the following for filing with the Court in connection with the above- referenced: 1. Notice of Appearance; and 2. Motion to Withdraw Plea, Thank you. RWK/cas Enclosures Cc: Norman McAllister John Lavoie, Franklin County State's Attorney FabOos\125112158:CourL01.doex Hoff Curtis Phone: 802/864-6400 Website: wor: hoffeurtis.com Attorneys | 100 Main Street ‘at Law | Burlington, VT 05401 asx: 802/860-1565STATE OF VERMONT SUPERIOR COURT CRIMINAL DIVISION Franklin Unit Docket No. 481-5-15 Frer STATE OF VERMONT ) ) v. ) ) NORMAN MCALLISTER ) NOTICE OF APPEARANCE The appearance of Robert W. Katims, Esq., of HOFF CURTIS, 100 Main Street, P.O. Box 1124, Burlington, Vermont, is hereby entered on behalf of Defendant, Norman McAlister, in the above entitled matter. DATED AT Burlington, Vermont, this 20" day of January, jy Horr (curtis PO. Bac it24 ‘Buvingtn, Vermont sa324HOFF fAcurris 0.x 24 uring, Vernet sunst24 STATE OF VERMONT SUPERIOR COURT CRIMINAL DIVISION Franklin Unit Docket No. 481-5-15 Frer STATE OF VERMONT ) ) Vv. ) ) NORMAN MCALLISTER ) MOTION TO WITHDRAW PLEA NOW COMES the Defendant, Norman McAllister, by and through his attorney, Robert W. Katims of HOFF CURTIS, pursuant to Vermont Rule of Criminal Procedure 32(4), and hereby moves to withdraw his no contest pleas entered in this matter on January 10, 2017. In support of this Motion, Defendant relies upon the following Memorandum. MEMORANDUM Vermont Rule of Criminal Procedure 32(d) provides: (a) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty or of nolo contendere may be made only by a defendant who is not in custody under sentence. The motion must be made prior to or within 30 days after the date of entry of judgment, except that a defendant whose sentence does not include a term of imprisonment may make the motion at any time. If the motion is made before sentence is imposed or deferred, the court may permit withdrawal of the plea if the defendant shows any fair and just reason ‘and that reason substantially outweighs any prejudice which would result to the state from the withdrawal of the plea. If the motion is made after sentence, the court may set aside the judgment of conviction and permit withdrawal of the plea only to correct manifest injustice. (emphasis supplied). As stated in State v. Dove, 163 Vt. 429, 431 (1995); Different standards are applied to plea withdrawal motions depending ‘on whether they are made before or after sentencing. A motion made before sentencing is to be liberally granted “where the reason is fair and just and the prosecution has not relied on the plea to its substantial prejudice.” Reporter’s