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Defendant tries to withdraw guilty plea after being asked to admit to prior conviction

By Howard B. Owens

After pleading guilty to an attempted burglary felony on Monday, Christopher L. Taylor decided he didn't want to admit to a prior felony that could impact his sentencing, so he tried to withdraw his plea.

That motion needs to be made in writing.

As a result of believing he didn't adequately understand the consequence of admitting to a prior conviction, he asked for a new attorney. Taylor should have a new assigned council by the time of his next court appearance next week.

In pleading guilty, Taylor agreed to pay restitution to his victim and he signed an order of protection.

His plea agreement would have obligated him to serve at least one and a half to three years in prison, avoiding a potential two to five years.

When Judge Melissa Cianfrini started the predicate felony process, a standard proceeding for any defendant who enters a guilty plea when they have a prior felony conviction, Taylor asked to discuss the matter with his attorney, Victor T. Mui.  At one point, Cianfrini mentioned she could hear what he was telling his attorney and suggested he lower his voice.  A short time later, she offered to let the two men meet in a conference room.

After the meeting, Taylor was unwilling to admit to the previous conviction.

According to documents read by Cianfrini, Taylor was convicted of attempted burglary 2nd in November 2016.

Taylor was indicted by a grand jury on a count of third-degree grand larceny, a Class D felony. He stole property valued at more than $3,000 on Jan. 16 in the Town of Pembroke.

 

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