The Pennsylvania Superior Court reversed the trial court’s order, which denied the defendant’s motion to withdraw guilty plea. The defendant pled guilty to sexual assault. Before sentencing, the defendant filed a motion to withdraw the plea. The trial court denied the motion, and the Superior Court reversed. The Court determined that the defendant “asserted a consent defense that is at least plausible.” And the Court found “no basis upon which to conclude that withdrawal of the defendant’s plea would result in substantial prejudice to the Commonwealth.” Mindful of the policy of liberal granting of presentence plea withdrawal motions, the Court concluded that the trial court misapplied this standard.
