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Roper v. State

Defendant's lack of reading skills did not establish that his nolo contendere plea was involuntary.

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With the assistance of counsel, Jacob Roper pled nolo contendere to a single-count indictment charging him with aggravated assault by cutting the neck of Ron Graham with a knife, and was granted first offender treatment. This judgment expressly provides that “no judgment of guilt be imposed at this time but that further proceedings are deferred and that Roper is . . . sentenced to confinement for a period of 12 Years to Serve. . . .” New counsel filed a timely notice of appeal1 from the ostensible “judgment of conviction,” enumerating the failure of the trial court to make a determination on the record that the plea was voluntary and accurate as required by Uniform Superior Court Rule 33.7 and 33.9 respectively. We affirm.

Two hearings were conducted regarding Roper’s plea. On March 24, 1999, Roper’s counsel stipulated that the evidence would be sufficient beyond a reasonable doubt to establish that Roper cut Ron Graham with a knife as alleged in the indictment. After investigating the case and discussing possible defenses with Roper, defense counsel was able to negotiate the State’s non-objection to Roper’s nolo contendere plea, and the State’s non-objection to first offender treatment for such a violent crime, but with no negotiated sentence except that the State’s sentencing recommendation would not exceed twelve years.

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