Opinion
No. 7121SC764
Filed 15 December 1971
Criminal Law 25 — appeal from plea of nolo contendere No error appears on the face of the record proper in this appeal from judgment imposed upon defendant's plea of nolo contendere to a charge of felonious escape.
APPEAL by defendant from Falls, Judge, 9 August 1971 Session of Superior Court held in FORSYTH County.
Attorney General Robert Morgan and Deputy Attorney General Andrew A. Vanore, Jr., for the State.
Curtiss Todd for defendant appellant.
Judge GRAHAM concurring in result.
Chief Judge MALLARD dissenting.
The defendant, Donnie L. Ford, alias Ronald Ford, was charged in a bill of indictment, proper in form, with felonious escape, a second offense, in violation of G.S. 148-45 (a).
When the defendant was called to plead to the bill of indictment, the record reveals the following:
"MR. TODD: May it please the Court, I should like to offer or tender a plea of nolo contendere, and I would like to explain the circumstances. This defendant doesn't feel that he wilfully did this. There are circumstances, extenuating circumstances, and I'd like the Court to hear it. But I would tender a plea of nolo contendere and let the Court hear these circumstances.
THE COURT: Have you explained to him the effect of a plea of nolo contendere?
MR. TODD: I did.
BY THE COURT TO THE DEFENDANT:
Q. Do you understand it?
A. Yes sir.
Q. Do you understand what a plea of nolo contendere is?
A. Yes sir.
Q. And that's your plea, is it?
A. Yes sir.
Q. I can't hear you.
A. Yes sir.
Q. Answer so the record will show what you are saying.
A. Yes sir.
Q. Has anybody promised you anything in exchange for this plea of nolo contendere?
A. No, they haven't.
Q. Do you now freely, voluntarily, and understandingly enter on your behalf the plea of nolo contendere?
A. Yes, I do."
After hearing evidence offered by the State and the defendant, the court entered judgment imposing a prison sentence of two years. The defendant appealed.
The record contains no exceptions or assignments of error. It affirmatively appears from the record that the defendant, represented by counsel, freely, understandingly and voluntarily entered a plea of nolo contendere to a valid bill of indictment, and the prison sentence imposed by the judgment is within the limits prescribed for a violation of the statute.
In the defendant's trial in the superior court, we find no error.
No error.
Judge GRAHAM concurs in the result.
Chief Judge MALLARD dissents.