Alford plea in Virginia

2026The circuit court reiterated to Hicks that his counsel stipulated to this, and Hicks responded that he understood the stipulation. 6 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))). -3- Hicks and his counsel also discussed any possible defenses he might have.

2024See Code § 17.1-413(A). 1 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))).

2024See Perry v. Commonwealth, 33 Va. App. 410, 413 (2000) (holding that by freely and intelligently entering an Alford plea, an appellant waives his right to appeal the issue of “whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge”).

2022See Perry v. Commonwealth, 33 Va. App. 410, 412-13 (2000) (holding that by “freely and intelligently entering” an Alford plea of guilty, the defendant “waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of th[e] charge”).

2016In Carroll v. Commonwealth, 280 Va. 641, 650 , 701 S.E.2d 414, 419 (2010), the Supreme Court observed that, in the civil case of Parson v. Carroll, 272 Va. 560 , 636 S.E.2d 452 (2006), "this Court decided that a concession made in an Alford plea is a concession of law and not of fact and is not a bar to a post-Alford [civil] proceeding in which the issue is whether, as a matter of fact, the accused participated in the acts constituting the offense.” Even entering a guilty plea does not estop a defendant in a subsequent civil case from contesting civil liability, as the Supreme Court explained

2016In Carroll v. Commonwealth, 280 Va. 641, 650 , 701 S.E.2d 414, 419 (2010), the Supreme Court observed that, in the civil case of Parson v. Carroll, 272 Va. 560 , 636 S.E.2d 452 (2006), "this Court decided that a concession made in an Alford plea is a concession of law and not of fact and is not a bar to a post-Alford [civil] proceeding in which the issue is whether, as a matter of fact, the accused participated in the acts constituting the offense.” Even entering a guilty plea does not estop a defendant in a subsequent civil case from contesting civil liability, as the Supreme Court explained

2025These opinions restate well the indisputable premise that “after the defendant has been convicted, the judge must proceed upon the basis that the defendant is guilty.” Saenz, 620 A.2d at 406 (citation omitted); see also Smith, 27 Va. App. at 361-63 (discussing post-Alford plea sentencing and the ability of the court to “treat the defendant, for 11 Despite the trial court’s flawed reasoning, Lawlor held it was not reversible error because “[i]t is clear from the record that in evaluating that question the court considered and gave the greatest weight” to other legally “proper factors for the co

2025Smith v. Commonwealth, 27 Va. App. 357, 360-63 (1998) (holding that “a trial court may consider a defendant’s lack of remorse at sentencing, even when the defendant has chosen to enter an Alford plea”).

2008An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).

2008An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).

2026The circuit court reiterated to Hicks that his counsel stipulated to this, and Hicks responded that he understood the stipulation. 6 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))). -3- Hicks and his counsel also discussed any possible defenses he might have.

2024See Code § 17.1-413(A). 1 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))).

2026The circuit court reiterated to Hicks that his counsel stipulated to this, and Hicks responded that he understood the stipulation. 6 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))). -3- Hicks and his counsel also discussed any possible defenses he might have.

2024See Code § 17.1-413(A). 1 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))).

2019Cf. Lewis v. Commonwealth , 267 Va. 302 , 316-17, 593 S.E.2d 220 (2004) (affirming convictions and death sentence without dismissing any portion of the appeal where appellant's guilty pleas waived some of the issues raised on appeal); Walton v. Commonwealth , 256 Va. 85 , 91, 96, 501 S.E.2d 134 (1998) (same); Beck v. Commonwealth , 253 Va. 373 , 380-81, 388, 484 S.E.2d 898 (1997) (same); Cobbins v. Commonwealth , 53 Va. App. 28 , 36-37, 668 S.E.2d 816 (2008) (affirming convictions and sentence without dismissing any portion of the appeal where appellant's Alford plea of guilty waived appellate

2019Cf. Lewis v. Commonwealth , 267 Va. 302 , 316-17, 593 S.E.2d 220 (2004) (affirming convictions and death sentence without dismissing any portion of the appeal where appellant's guilty pleas waived some of the issues raised on appeal); Walton v. Commonwealth , 256 Va. 85 , 91, 96, 501 S.E.2d 134 (1998) (same); Beck v. Commonwealth , 253 Va. 373 , 380-81, 388, 484 S.E.2d 898 (1997) (same); Cobbins v. Commonwealth , 53 Va. App. 28 , 36-37, 668 S.E.2d 816 (2008) (affirming convictions and sentence without dismissing any portion of the appeal where appellant's Alford plea of guilty waived appellate

2018See, e.g. , Carroll v. Commonwealth , 54 Va. App. 730 , 747, 682 S.E.2d 92 , 100 (2009) ("An Alford plea is a guilty plea in the same way that a plea of nolo contendere or no contest is a guilty plea." (citation omitted) ).

2018See, e.g. , Carroll v. Commonwealth , 54 Va. App. 730 , 747, 682 S.E.2d 92 , 100 (2009) ("An Alford plea is a guilty plea in the same way that a plea of nolo contendere or no contest is a guilty plea." (citation omitted) ).

2026ANALYSIS “The decision whether to grant or deny the withdrawal of a plea ‘is a matter that rests within the sound discretion of the trial court and is to be determined by the facts and circumstances of each case.’” Commonwealth v. Holland, 304 Va. 34 , 46-47 (2025) (quoting Parris v. Commonwealth, 189 Va. 321, 324 (1949)). “[T]he abuse of discretion standard requires a reviewing court to show enough deference to a primary decisionmaker’s judgment that the [reviewing] court does not reverse merely because it would have come to a different result in the first instance.” Commonwealth v. Thomas, 7

2008ANALYSIS The decision to allow a defendant to withdraw his guilty plea rests “within the sound discretion of the trial court and is to be determined by the facts and circumstances of each case.” Parris v. Commonwealth, 189 Va. 321, 324 , 52 S.E.2d 872, 873 (1949).

2008As a result, they are often termed " 'Alford[ pleas of guilty.” Malbrough v. Commonwealth, 275 Va. 163, 168 , 655 S.E.2d 1, 3 (2008); see also Zigta v. Commonwealth, 38 Va.App. 149, 151 , 562 S.E.2d 347, 348 (2002) (using the phrase "Alford plea of guilty”). 2 .

2008As a result, they are often termed " 'Alford[ pleas of guilty.” Malbrough v. Commonwealth, 275 Va. 163, 168 , 655 S.E.2d 1, 3 (2008); see also Zigta v. Commonwealth, 38 Va.App. 149, 151 , 562 S.E.2d 347, 348 (2002) (using the phrase "Alford plea of guilty”). 2 .

2022See e.g., Carroll v. Commonwealth, 280 Va. 641, 651-52 (2010) (holding that an Alford plea is treated functionally the same as a guilty plea in further criminal proceedings). -2- II.

2016Once an accused has been found guilty and sentenced, any distinction between an ordinary guilty plea and an Alford plea of guilty ceases to be relevant for purposes of a subsequent violation of a suspended sentence. 10 In Carroll v. Commonwealth, 280 Va. 641 , 701 S.E.2d 414 (2010), Carroll raped his twelve-year-old stepdaughter, then *380 entered an Alford plea of guilty to the charge.

2018“An ‘Alford plea is a variation of a guilty plea,’” and “has ‘the same preclusive effect as a guilty plea’ for purposes of appeal.” Cobbins v. Commonwealth, 53 Va. App. 28, 36 , 668 S.E.2d 816, 820 (2008) (first quoting United States v. Morrow, 914 F.2d 608, 611 (4th Cir. 1990); then quoting Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000)). -4- sentencing.

2008An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).

2015“An ‘Alford plea’ is where a defendant asserts his innocence but admits that sufficient evidence exists which could likely convince a judge or jury to find the defendant guilty.” Neighbors v. Commonwealth, 274 Va. 503, 506 , 650 S.E.2d 514, 516 (2007) (citing Alford, 400 U.S. at 37-38 ). 2 Appellant noted three assignments of error in his petition for appeal.

2015“An ‘Alford plea’ is where a defendant asserts his innocence but admits that sufficient evidence exists which could likely convince a judge or jury to find the defendant guilty.” Neighbors v. Commonwealth, 274 Va. 503, 506 , 650 S.E.2d 514, 516 (2007) (citing Alford, 400 U.S. at 37-38 ). 2 Appellant noted three assignments of error in his petition for appeal.

2009Against this historical backdrop, the Alford plea developed as a mechanism whereby “ ‘a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.’ ” Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (quoting Cortese v. Black, 838 F.Supp. 485, 492 (D.Colo.1993) (citing Alford, 400 U.S. at 37 , 91 S.Ct. at 167 )).

2009Against this historical backdrop, the Alford plea developed as a mechanism whereby "`a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.'" Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (quoting Cortese v. Black, 838 F.Supp. 485, 492 (D.Colo.1993) (citing Alford, 400 U.S. at 37 , 91 S.Ct. at 167 )).

2025It revoked the remaining 7 years and 6 months of Manley’s 1 “When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” Zebbs v. Commonwealth, 66 Va. App. 368 , 371 n.1 (2016) (quoting Ramsey v. Commonwealth, 65 Va. 593 , 596 n.1 (2015)). -2- suspended sentence and resuspended all but 14 days of the sentence “on the same conditions as contained in the previous sentencing order.”2 It reiterated that probation would continue for “an indeterminate period” to begin on his “release from confinement.” Manley se

2024Zebbs v. Commonwealth, 66 Va. App. 368, 379 (2016); Ramsey, 65 Va. App. at 596 n.1.

2000See generally Allen v. Commonwealth, 27 Va. App. 726, 732 , 501 S.E.2d 441, 444 (1998) (finding that defendant, who amended his plea during trial after he testified, does not waive any trial rights, but rather fully exercises them).

2000See generally Allen v. Commonwealth, 27 Va. App. 726, 732 , 501 S.E.2d 441, 444 (1998) (finding that defendant, who amended his plea during trial after he testified, does not waive any trial rights, but rather fully exercises them).

2025“The nine-month limitation” in Code § 19.2-243 “‘translates to’ at least 273 days.” McCray v. Commonwealth, 44 Va. App. 334, 342 (2004).

2025These opinions restate well the indisputable premise that “after the defendant has been convicted, the judge must proceed upon the basis that the defendant is guilty.” Saenz, 620 A.2d at 406 (citation omitted); see also Smith, 27 Va. App. at 361-63 (discussing post-Alford plea sentencing and the ability of the court to “treat the defendant, for 11 Despite the trial court’s flawed reasoning, Lawlor held it was not reversible error because “[i]t is clear from the record that in evaluating that question the court considered and gave the greatest weight” to other legally “proper factors for the co

2024“In doing so, the Court discard[s] all evidence of the accused that conflicts with that of the Commonwealth and regard[s] as true all credible evidence favorable to the Commonwealth and all fair inferences reasonably deducible from that evidence.” Id. (alterations in original) (internal quotation marks omitted) (quoting Parham v. Commonwealth, 64 Va. App. 560, 565 (2015)). 3 Appellant was certified as an adult under an earlier version of Code § 16.1-269.1(B), which required anyone over the age of 13 to be tried as an adult after a finding of probable cause.