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Duke v. Cockrell

The petitioner complains that because he was not informed that successful completion of a sex offender program would require him to admit his guilt, his nolo plea was not voluntarily, knowingly and intelligently made.

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State prisoner Dale Lincoln Duke appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. � 2254, in which he challenges his conviction pursuant to a plea of nolo contendere for aggravated sexual assault of a child younger than fourteen years of age. He complains that because he was not informed that successful completion of a sex offender program would require him to admit his guilt, his nolo plea was not voluntarily, knowingly, and intelligently made. Finding the requirement collateral to Duke’s plea, we must affirm.

BACKGROUND

Duke was indicted for aggravated sexual assault of a child. He entered a plea of nolo contendere to that charge under an agreement that the victim would testify as to the details of the assault. He acknowledged to the court his understanding that his plea would have the same effect from a criminal standpoint as a guilty plea. The trial court found that the evidence substantiated Duke’s guilt and ordered him sentenced to ten-years probation with adjudication deferred and a fine of $750. The terms of probation required that he successfully complete a sexual offender treatment program.

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