Rule 39-28. Effect of Plea Withdrawal

If the defendant is permitted to withdraw his or her plea, the original finding of guilty shall be set aside, a plea of not guilty shall be entered, and further proceedings shall be scheduled in accordance with these rules. The judicial authority permitting the vacating of the guilty plea shall not sit on the trial of the matter, unless this is waived by the defendant in writing.

Committee Notes

(P.B. 1978-1997, Sec. 722.)