6. Criminal Law 25 — plea of nolo contendere — deficiencies in court's inquiries — defendant's testimony Although inquiries addressed by the court to defendant and to his counsel fell short of approved practice with reference to the acceptance of pleas of guilty or of nolo contendere, deficiencies in the court's inquiries and in defendant's responses were cured by defendant's testimony on the occasion of his arraignment and plea which discloses affirmatively that he has no defense to the crime of felonious escape for which he was indicted, and when the entire record is considered, it appears that defendant's plea of nolo contendere was entered voluntarily and understandingly. APPEAL by defendant from the decision of the Court of Appeals reported in 13 N.C. App. 34, 185 S.E.2d 328, which found "No error" in the "trial" before Falls, J., at the August 9, 1971 Session of FORSYTH Superior Court. Attorney General Morgan and Deputy Attorney General Vanore for the State.
" This acceptance of defendant's plea of nolo contendere and the adjudication that it was freely, understandingly and voluntarily made, without undue influence, compulsion or duress, and without promise of leniency, met all of the requirements in Boykin v. Alabama, 395 U.S. 238, 23 L.Ed.2d 274, 89 S.Ct. 1709 (1969); State v. Ford, 281 N.C. 62, 187 S.E.2d 741 (1972); and State v. Ford, 13 N.C. App. 34, 185 S.E.2d 328 (1971), as well as the provisions of G.S. 7A-457 (b) relating to pleas of guilty by indigents. The defendant was told he could be imprisoned for as much as thirty years, but the punishment imposed was "not less than twenty (20) nor more than twenty-five (25) years."
However, it is better practice to always do so. State v. Johnson, 7 N.C. App. 53, 171 S.E.2d 106 (1969); State v. Ford, 13 N.C. App. 34, 185 S.E.2d 328 (1971). The plea will not be disturbed on appeal. State v. Abernathy, 1 N.C. App. 625, 162 S.E.2d 114 (1968); State v. McKinnon, 4 N.C. App. 299, 166 S.E.2d 534 (1969).