Commonwealth v. Brace

In 1993, the defendant was indicted on two counts of rape of a child, his stepdaughter. In 1996, prior to trial, he entered guilty pleas on both counts pursuant to North Carolina v. Alford, 400 U.S. 25, 37-38 (1970), and a Superior Court judge sentenced him to State prison.2 In 2001, the defendant filed his first motion to withdraw guilty pleas and for new trial; the record before us does not indicate that any action was taken on that motion. In 2005, after the defendant was charged with open and gross lewdness, his probation was revoked and the suspended portion of his sentence on the rapes…