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Reed v. State

The error in defendant's plea form stating that he could have his sentence reviewed did not automatically make his plea invalid since eligibility for sentence review is a collateral consequence of a guilty plea.

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Following his guilty plea and conviction for aggravated child molestation and cruelty to children, Jeffrey Ray Reed appeals, contending that his guilty plea was not knowingly and voluntarily entered because he was misinformed about his right to ask the Sentence Review Board to review his sentence. For the reasons set forth below, we affirm.

Before accepting a plea of guilty, a trial court must determine that the plea is voluntarily made and that the defendant intelligently and understandingly waives his constitutional rights, which requires a showing on the record that the defendant has freely and voluntarily entered the plea with an understanding of the nature of the charges against him and the consequences of his plea. When a defendant enters a plea of guilty and subsequently challenges the validity of the guilty plea, the State may meet its burden of demonstrating the plea was intelligently and voluntarily entered by two means, 1 showing on the record of the guilty plea hearing that the defendant was cognizant of all of the rights he was waiving and the possible consequences of his plea; or 2 filling a silent or incomplete record by use of extrinsic evidence that affirmatively shows that the guilty plea was knowing and voluntary.

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