Commonwealth v. Forbes, 299 A.2d 268 (Pa. 1973). · Go Syfert
Commonwealth v. Forbes, 299 A.2d 268 (Pa. 1973). Cases Citing This Book View Copy Cite
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cited 4× by 1 distinct case, last quoted 1974 · …i don't want to plead guilty to nothing i didn't do.
758 citation events (394 in the last 25 years) across 18 distinct courts.
Strongest positive: Com. v. Ivey, V. (pasuperct, 2016-10-17)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Commonwealth v. Norton, M., Aplt. (2019)
“In Forbes , we explained that "although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing ... should be liberally allowed." Forbes , 299 A.2d at 271 .”
Dissent Commonwealth v. Gunter (2001)
“Moreover, although this Court has held that an attorney’s threat to abandon a client may constitute grounds to withdraw a plea, see Commonwealth v. Forbes, 450 Pa. 185, 190-91 , 299 A.2d 268, 271-72 (1973), the circumstances surrounding Appellant’s plea are substantially different from those that were at issue in Forbes .”
Dissent Commonwealth v. Whelan (1978)
“Accordingly, we adopted § 2.1(b) of the ABA Standards Relating to Pleas of Guilty (Approved Draft, 1968) 2 in Commonwealth v. Forbes, supra, and articulated the following test for adjudicating pre-sentence motions to withdraw: “If the trial court finds ‘any fair and just reason’, withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been ‘substantially…”
Dissent Commonwealth v. Woods (1973)
“This discretion should be liberally exercised in favor of allowing withdrawal; i.e., the request should be allowed “for any fair and just reason”, but not if the prosecution has been “substantially prejudiced by reliance upon the plea.” Commonwealth v. Forbes, 450 Pa. 185 , 299 A. 2d 268 (1973).”
Concurrence Commonwealth v. Cole (1989)
“Like Judge McEwen, I do not read Commonwealth v. Woods, 452 Pa. 546 , 307 A.2d 880 (1973) or Commonwealth v. Forbes, 450 Pa. 185 , 299 A.2d 268 (1973) to mandate allowance of withdrawal of a plea under such circumstances.”
Dissent Commonwealth v. McCabe (1985)
“See Commonwealth v. Forbes, 450 Pa. 185, 190 , 299 A.2d 268, 271 (1973).”
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Com. v. Ivey, V.
Pa. Super. Ct. · 2016 · quote attribution · 1 verbatim quote · confidence high
obviously, the appellant, by his assertion of innocence-so early in the proceedings, i.e., one month after the initial tender of a plea -offered a 'fair and just' reason for withdrawal of the plea.
discussed Cited as authority (verbatim quote) Com. v. Davis, E.
Pa. Super. Ct. · 2016 · quote attribution · 1 verbatim quote · confidence high
obviously, the appellant, by his assertion of innocence-so early in the proceedings, i.e., one month after the initial tender of a plea,-offered a 'fair and just' reason for withdrawal of the plea.
examined Cited as authority (verbatim quote) Com. v. Ralston, J. (4×) also: Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2016 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
obviously, appellant, by assertion of innocence-so early in the proceedings-offered a 'fair and just' reason for withdrawal of the plea.
examined Cited as authority (verbatim quote) Com. v. Bogdan, R. (4×) also: Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2016 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
obviously, appellant, by assertion of innocence-so early in the proceedings-offered a 'fair and just' reason for withdrawal of the plea.
discussed Cited as authority (verbatim quote) Com. v. Rowe, J.
Pa. Super. Ct. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
appellant expressed a desire to withdraw his guilty plea because, as he stated, 'i don't want to plead guilty to nothing i didn't do.
examined Cited as authority (verbatim quote) Commonwealth, Aplt. v. Carrasquillo, J. (26×) also: Cited "see", Cited "see, e.g."
Pa. · 2015 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
obviously, appellant, by assertion of innocence - so early in the proceedings i.e., one month after the initial tender of a plea, - offered a 'fair and just' reason for withdrawal of the plea.
examined Cited as authority (quoted) Commonwealth v. Kamenca (4×)
Pa. Super. Ct. · 1974 · quote attribution · 4 verbatim quotes · confidence low
i don't want to plead guilty to nothing i didn't do.
cited Cited as authority (rule) Com. v. Stephens, D.
Pa. Super. Ct. · 2026 · confidence medium
Further, our Supreme Court has long held that a guilty plea must be “the personal and voluntary decision of the accused[.]” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Klink, J.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Carrasquillo, 115 A.3d 1284, 1291-92 (Pa. 2015) (citing Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973)).
cited Cited as authority (rule) Com. v. Williams, A.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (citation and quotation marks omitted).
discussed Cited as authority (rule) Com. v. Hines, K.
Pa. Super. Ct. · 2024 · confidence medium
If the trial court finds any “fair and just reason,” withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been “substantially prejudiced.” -5- J-S41007-24 Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (citations omitted).
cited Cited as authority (rule) Com. v. Spinelli, M.
Pa. Super. Ct. · 2024 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Reddick v. MASON
E.D. Pa. · 2024 · confidence medium
Commonwealth v. Forbes, 450 Pa. 185, 191 (Pa. 1973).3 In her post-sentencing opinion, the trial court judge stated: “[e]ven if this court had found Reddick’s assertions to be fair and just, the prejudice suffered by the Commonwealth, on account of the fact that the jury had already been selected in this case, would have required this court to deny the withdrawal request.” Trial Court Opinion at 6.
cited Cited as authority (rule) Com. v. Diaz, J.
Pa. Super. Ct. · 2022 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Wright, C.
Pa. Super. Ct. · 2022 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Murray, L. (2×) also: Cited "see"
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Eaton, K.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Murphy, D.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Depaoli, J.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Shumate, D.
Pa. Super. Ct. · 2021 · confidence medium
P. 591(A). -2- J-S17023-21 Additionally, our Supreme Court has held that for pre-sentence withdrawal of a guilty plea, “the court in its discretion may allow the defendant to withdraw his plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant’s plea.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (emphasis added).
discussed Cited as authority (rule) Com. v. Sinclair, D.
Pa. Super. Ct. · 2021 · confidence medium
Moreover, “[a]lthough there is no absolute right to withdraw a guilty plea[] properly received by the trial court, it is clear that a request made before sentencing . . . should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com v. Ivy, J. (2×)
Pa. Super. Ct. · 2021 · confidence medium
Similarly, in Commonwealth v. Forbes, the Pennsylvania Supreme Court concluded: “Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing ... should be liberally allowed.” … 299 A.2d 268, 271 ([Pa.] 1973) (emphasis in original).
discussed Cited as authority (rule) State v. Pedro.
Haw. · 2021 · confidence medium
Ct. 2013) (holding assertion of innocence in a pre-sentence motion for plea withdrawal was fair and just reason justifying plea withdrawal); Commonwealth v. Forbes, 299 A.2d 268, 272 (Pa. 1973) (holding that assertion of innocence by defendant who pleaded guilty was “fair and just” reason for plea withdrawal before sentencing). 36 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** 915 P.2d at 693 (noting court is not required to make “such inquiry as shall satisfy it that there is a factual basis for the plea.”)).
cited Cited as authority (rule) Com. v. Johnson, A.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Reynolds, E., III
Pa. Super. Ct. · 2021 · confidence medium
“Although there is no absolute right to withdraw a guilty plea, . . . it is clear that a request made before sentencing . . . should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (emphasis in original).
discussed Cited as authority (rule) Com. v. Campbell, K.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (emphasis in original). -4- J-A25001-20 In Commonwealth v. Carrasquillo, 115 A.3d 1284 (Pa. 2015), our Supreme Court provided further guidance as to what qualifies as a “fair-and- just reason” in the context of innocence assertions.
discussed Cited as authority (rule) Com. v. Abreu, J.
Pa. Super. Ct. · 2021 · confidence medium
Similarly, in Commonwealth v. Forbes, the Pennsylvania Supreme Court concluded: “[a]lthough there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing ... should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (1973) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Com. v. Callen, K.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Davis, R.
Pa. Super. Ct. · 2020 · confidence medium
If the trial court finds “any fair and just reason,” withdrawal of the plea before sentence should be freely -4- J-S34024-20 permitted, unless the prosecution has been “substantially prejudiced.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (internal citations and some internal quotations omitted).
discussed Cited as authority (rule) Com. v. Christian, K.
Pa. Super. Ct. · 2020 · confidence medium
“Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing ... should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Gurley, S.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Rivera, E. (2×)
Pa. Super. Ct. · 2020 · confidence medium
Appellant claims the Commonwealth failed to demonstrate “substantial prejudice” as required by Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) and Commonwealth v. Carrasquillo, 115 A.3d 1284 (Pa. 2015), and avers the Commonwealth “would be in no worse position for this case due to the death of [the witness].” Appellant’s Brief at 15.
discussed Cited as authority (rule) Com. v. Mander, J.
Pa. Super. Ct. · 2020 · confidence medium
“A guilty plea which is not the personal and voluntary decision of the accused, but rather is ‘induced by promises or threats which deprive it of the character of a voluntary act, is void.’” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (quoting Machibroda v. United States, 368 U.S. 487, 493 (1962)).
discussed Cited as authority (rule) Com. v. Lawler, M.
Pa. Super. Ct. · 2020 · confidence medium
If the trial court finds “any fair and just reason,” withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been “substantially prejudiced.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (citations omitted).
discussed Cited as authority (rule) Com. v. Metheny, B.
Pa. Super. Ct. · 2020 · confidence medium
If the trial court finds “any fair and just reason,” withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been “substantially prejudiced.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (internal citations and some internal quotations omitted).
cited Cited as authority (rule) Com. v. Rasheed, A.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. McLaughlin, 469 Pa. 407 , 366 A.2d 238 (1976); Commonwealth v. Forbes. 450 Pa. 185 , 299 A.2d 268, 271 (1973).
discussed Cited as authority (rule) Com. v. Guiseppe, C.
Pa. Super. Ct. · 2019 · confidence medium
"Similarly, in Commonwealth v. Forbes, the Pennsylvania Supreme Court concluded: 'Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing ... should be liberally allowed."' Islas, 156 A.3d at 1187-1188 , quoting Forbes, 299 A.2d 268, 271 (Pa. 1973). 10 '"In determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, the test to be applied by the trial courts is fairness and justice.
discussed Cited as authority (rule) Com. v. Gaffney, R.
Pa. Super. Ct. · 2018 · confidence medium
“Because the plea involves the simultaneous waiver of so many constitutional rights, a request to withdraw prior to sentencing is ‘liberally allowed.’” Commonwealth v. Dickter, 465 A.2d 1, 2 (Pa. Super. 1983), citing Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Homesombath, P.
Pa. Super. Ct. · 2018 · confidence medium
As previously noted, “in determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, ‘the test to be applied by the trial courts is fairness and justice.’ If the trial court finds ‘any fair and just reason’, withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been ‘substantially prejudiced.’” Forbes, 299 A.2d at 271 (citations omitted).
discussed Cited as authority (rule) Com. v. Collins, F.
Pa. Super. Ct. · 2018 · confidence medium
When the defendant moves to withdraw his nolo plea before sentencing, “[a]lthough -6- J-S30018-18 there is no absolute right to withdraw a [nolo] plea . . . it is clear that a request made [b]efore sentencing . . . should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
cited Cited as authority (rule) Com. v. Walker, K.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Forbes, 299 A,2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Mikottis, M.
Pa. Super. Ct. · 2018 · confidence medium
However, Forbes was an innocence case: “Obviously, appellant, by this assertion of innocence—so early in the proceedings—offered a ‘fair and just’ reason for withdrawal of his plea.” Id. at 272 (emphasis added).
discussed Cited as authority (rule) Com. v. Gathright, R.
Pa. Super. Ct. · 2018 · confidence medium
Accordingly, when the three-judge panel of this Court filed its unpublished memorandum in the instant case on February 12, 2014, the Commonwealth’s petition for allowance of appeal in Carrasquillo was pending before the Supreme Court. 5 Commonwealth v. Forbes, 450 Pa. 185 , 299 A.2d 268, 271 (1973). - 10 - J-S26040-18 In the instant case, [Gathright] claimed [sic] clearly and unconditionally declared that he was innocent.
discussed Cited as authority (rule) Com. v. Fletcher, A.
Pa. Super. Ct. · 2018 · confidence medium
“Although, there is no absolute right to withdraw a guilty plea, properly received by the court, it is clear that a request made before sentencing should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973).
discussed Cited as authority (rule) Com. v. Tindale, D.
Pa. Super. Ct. · 2018 · confidence medium
“Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing should be liberally allowed.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (emphasis in original) (ellipses omitted). [I]n determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, the test to be applied by the trial courts is fairness and justice.
cited Cited as authority (rule) Com. v. Ford, B.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Carrasguillo, 115 A.3d 1284 at 1291·92 (Pa. 2015) (citing Commonwealth v. Forbes, 450 Pa. 185, 190 , 299 A.2d 268, 271 (1973)).
discussed Cited as authority (rule) Com. v. Davis, J.
Pa. Super. Ct. · 2017 · confidence medium
We have further explained that “[i]f the trial court finds ‘any fair and just reason’, withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been ‘substantially prejudiced.’” Commonwealth v. Islas, 156 A.3d 1185, 1188 (Pa.Super. 2017) (quoting Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973)). -4- J-S50030-17 defendant bears the burden of proving otherwise.
discussed Cited as authority (rule) Com. v. Youngquist, K.
Pa. Super. Ct. · 2017 · confidence medium
“Before sentence, the court in its discretion may allow the defendant to withdraw his plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant's plea.” Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1973) (citation omitted).
discussed Cited as authority (rule) Com. v. Moragne-El, B.
Pa. Super. Ct. · 2017 · confidence medium
In the seminal decision Commonwealth v. Forbes, 299 A.2d 268 (Pa. 1973), the Pennsylvania Supreme Court first defined the parameters for granting a pre-sentence motion to withdraw: [I]n determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, ‘the test to be applied by the trial courts is fairness and justice.’ If the trial court finds ‘any fair and just reason’, withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been ‘substantially prejudiced.’ Id. at 271 (internal citations omitted).
discussed Cited as authority (rule) Kearney v. Bureau of Professional & Occupational Affairs
Pa. Commw. Ct. · 2017 · confidence medium
Likewise, here, Petitioner withdrew his guilty plea, thereby rendering it void as a matter of law, cf. Commonwealth v. Forbes, 450 Pa. 185 , 299 A.2d 268, 270-71 (1973); Pa.R.Crim.P. 591; the trial court dismissed’the charges against Petitioner; the case was resolved without an adjudication of guilt; and Petitioner’s criminal record was later expunged. 17 In this background, where Petitioner’s case was the functional equivalent of a probation without a verdict, we aré reluctant to conclude that what Petitioner said in connection with the criminal proceedings and wrote in his guilty plea…
Retrieving the full opinion text from the archive…
Commonwealth
v.
Forbes, Appellant
Appeal, 341.
Supreme Court of Pennsylvania.
Jan 19, 1973.
299 A.2d 268
Jonathan Miller, Assistant Defender, with him Framéis S. Wright, Jr. and John W. Packet, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant., Lmda Conley, Assistant District Attorney, with her James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Roberts, Jones, Eagen, O'Beien, Eobeets, Pomeeoy, Nix, Mandeeino.
Cited by 243 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: Superior Court of Pennsylvania (4)

Opinion by

Mr. Justice Roberts,

On December 5, 1969, Sonia Rosenbaum was robbed and assaulted while in her home in Philadelphia. The victim, who was bound and gagged by the intruders, died as a result of the assault.

Subsequently, appellant, sixteen year old Robert Forbes, was indicted for various crimes stemming from this incident. On November 4, 1970, appellant entered pleas of guilty to murder, burglary, aggravated robbery, larceny, receiving stolen goods, and conspiracy. Prior to receiving these pleas, the trial court conducted an on-the-record colloquy, as required by Pa. R. Grim. P. 319 (a). Having concluded that the pleas were “voluntarily and understandingly made”, the court then held a hearing, pursuant to Pa. R. Grim. P. 319A, to determine whether “the case may constitute murder in the first degree.” Based on the evidence presented by stipulation, the trial judge determined that such a case had been made out and deferred any further action until a three judge panel was convened.

On December 8, 1970, a three judge court was impaneled. At that time, however, appellant expressed a desire to withdraw his guilty plea because, as he stated, “I don’t want to plead guilty to nothing I didn’t do.” The court continued the matter until a hearing could be held on appellant’s request to withdraw his guilty plea.

At that hearing, on February 18, 1971, appellant said he no longer desired to pursue his withdrawal request ; therefore, on February 25, 1971, the three judge panel reconvened to determine the degree of guilt. At that hearing, it became apparent that appellant’s decision to abandon his withdrawal request was the result of defense counsel’s threat to withdraw from the case. The court, nevertheless, proceeded on appellant’s ini[*188] tial entry of the guilty plea. Appellant was found guilty of first degree murder and sentenced to life imprisonment. Sentence was suspended on the other charges.

On this direct appeal, appellant contends [1] that the withdrawal of his guilty plea was obstructed by defense counsel’s decision to withdraw from the case if appellant pursued his retraction of the original guilty plea. He urges that the trial court erred in failing to grant his withdrawal request—made prior to any evidence being offered at the degree of guilt hearing and, thus, prior to adjudication and imposition of sentence. We agree and must reverse.

The record supports appellant’s contention that he abandoned the withdrawal of his guilty plea because of defense counsel’s intention to withdraw from the case. Counsel specifically stated, on the record, at the final hearing: “I have indicated to him before that if he felt, that if he insisted upon withdrawing his plea and Judge Bruno thought there were circumstances under which he should be able to withdraw that, I would ask to withdraw from the case. The relationship that we have had has been hanging in the balance and I think his mother has been the one most responsible for keeping that relationship.”

The coercive impact of this threat, coming long after counsel first entered the case, was not lessened by the court’s perfunctory inquiry of appellant concerning his newly expressed desire to abandon his earlier request[*189] to withdraw his original plea of guilty. There is no indication that appellant was informed of Ms right to persist in his request for withdrawal of the plea—in the face of counsel’s comment—and have new counsel appointed. Additionally, the court, itself, may have inadvertently intensified the coercion by denying appellant’s motion to continue the final hearing for two days in order to permit the presence of appellant’s mother who had been present at each of the prior hearings and who had been appellant’s actual counselor throughout the proceedings. The importance of her presence was even noted as above indicated by defense counsel.

These circumstances rendered involuntary appellant’s decision to abandon his withdrawal request and continue with his original guilty plea. What plea to enter is a decision which must be made voluntarily and intelligently, by the accused. See Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709 (1969); McCarthy v. United States, 394 U.S. 459, 89 S. Ct. 1166 (1969); ABA Project on Standards for Criminal Justice, Standards Relating to the Defense Function §5.2(a) (Approved Draft, 1971). [2] Comment, Criminal Waiver: The Requirements of Personal Participation, Competence and Legitimate State Interest, 51 Cal. L. Rev. 1262, 1267-68 (1966). A guilty plea which is not the personal and[*190] voluntary decision of the accused, but rather is “induced by promises or threats which deprive it of the character of a voluntary act, is void.” Machibroda v. United States, 368 U.S. 487, 493, 82 S. Ct. 510, 513 (1962).

Here, defense counsel’s statement—made to a sixteen year old youth who, as the record reveals, was visibly upset and confused by the entire proceedings—deprived appellant’s decision to abandon his request for withdrawal of his earlier plea and continue with that plea “of the character of a voluntary act.” Had it not been for counsel’s coercive statement, appellant would have pursued his request to withdraw his plea. On this record, it was an abuse of discretion for the trial court to deny appellant’s withdrawal request.

Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing—here, that request was made at even an earlier stage—should be liberally allowed. See United States ex rel. Culbreath v. Rundle, 466 F. 2d 730 (3d Cir. 1972) ; United States v. Young, 424 F. 2d 1276 (3d Cir. 1970); United States v. Stayton, 408 F. 2d 559 (3d Cir. 1969) ; Pa. R. Crim. P. 320; ABA Project on Minimum Standards for Criminal Justice, Standards Relating to Pleas of Guilty §2.1 (Approved Draft, 1968); Note, Pre-Sentence Withdrawal of Guilty Pleas in Federal Courts, 40 N.Y.U. L. Rev. 759 (1965). In United States ex rel. Culbreath v. Rundle, supra, the Third Circuit stated: “It has been recognized under Pennsylvania and Federal law that a trial judge has discretion to refuse a request to retract a plea of guilty since there is no absolute right to withdraw such a plea. However, a request made before sentencing has been generally construed liberally in favor of the accused.” Id. at 732 (emphasis added) (footnotes omitted).

[*191] The ABA Standards are in complete harmony with this view. The standards state: “(b) In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw his plea of guilty or nolo contendere as a matter of right once the plea has been accepted by the court. Before sentence, the court in its discretion may allow the defendant to withdraw his plea for any fair a/nd just reason unless the prosecution has been substantially prejudiced by relicmce upon the defendants plea.” ABA Project on Minimum Standards for Criminal Justice, Standards Eelating to Pleas of Guilty §2.1 (b) (Approved Draft, 1968). See also Commonwealth v. Neely, 449 Pa. 3, 4, 295 A. 2d 75, 76 (1972) (Eobbrts, J., concurring opinion).

Thus, in determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, “the test to be applied by the trial courts is fairness and justice.” United States v. Stayton, supra at 561. If the trial court finds “any fair and just reason”, withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been “substantially prejudiced.” ABA Standards Eelating to Pleas of Guilty, supra. As the Third Circuit noted: “The liberal rule for withdrawal of a guilty plea before sentence is consistent with the efficient administration of criminal justice. It reduces the number of appeals contesting the ‘knowing and voluntariness’ of a guilty plea, and avoids the difficulties of disentangling such claims. It also ensures that a defendant is not denied a right by trial by jury unless he clearly waives it.” United States v. Young, 424 F. 2d 1276, 1279 (3d Cir. 1970).

Applying these standards to the facts presented, it must be concluded that the trial court should have allowed withdrawal of appellant’s guilty plea. Appellant stated, as his reason for the request, made before[*192] the degree of guilt hearing and prior to adjudication and sentence, “I don’t want to plead guilty to nothing 1 didn’t do.” Obviously, appellant, by this assertion of innocence—so early in the proceedings—offered a “fair and just” reason for withdrawal of his plea. Moreover, on this record there is not even the slightest suggestion that the prosecution was in any sense “substantially prejudiced by reliance upon the defendant’s plea.” ABA Standards Relating to Pleas of Guilty, supra.

Judgment of sentence reversed and a new trial granted.

Mr. Chief Justice Jones concurs in the result.
1

Appellant also contends that (1) the guilty plea was not intelligently entered because appellant was not made aware of the nature and elements of felony murder and (2) the trial court violated due process when it refused to continue the final hearing in order to secure the presence of appellant’s mother who was appellant’s actual counselor. In view of our disposition, we need not decide these issues.

2

The commentary to the ABA Standards state: “The history of the criminal process in our system and the rights vested in an accused under the Constitution mark out certain basic decisions as belonging to the client; other decisions fall within the province of the lawyer. The requirement that the defendant personally enter a guilty plea and that it be voluntary and informed carries the implication that it is the defendant who must make the choice. See Machibroda v. United States, 368 U.S. 487, 493 (1962) ; Kercheval v. United States, 274 U.S. 220 (1926) ; Orfield, Criminal Procedure From Arrest to Appeal 294 (1947).” ABA Project on Standards for Criminal Justice, Standards Belating to the Defense Function §5.2 at 238 (Approved Draft, 1971).