State v. Bergerson
In State v. Bergerson, 144 Vt. 200, 475 A.2d 1071 (1984), the defendant agreed to a plea in which the State promised to recommend to the court that no jail time be imposed in exchange for defendant's completed restitution and guilty plea.
The court accepted the plea agreement, but reserved a decision on sentencing until it had read the PSI report.
At the sentencing hearing, the court rejected the plea agreement and imposed a sentence that included jail time. Defendant did not attempt to withdraw his plea, but did move to strike the sentence.
The court denied his motion.
The Court held the court "did not act in accordance with Rule 11 when it subsequently failed to afford defendant an opportunity to withdraw his plea." Id. at 203, 475 A.2d at 1073.
The Court stated that the court's actions constituted plain error because "at no time . . . during the . . . sentencing hearings, was defendant informed of the right to withdraw his plea." Id.