Deal v. State

Respondent entered a nolo contendere plea to possession of contraband by a prisoner. He was sentenced to two years to *456run consecutively to his active sentence. The post-conviction relief (PCR) judge granted respondent relief. We reverse.

ISSUE

Did the PCR judge err in granting respondent PCR?

DISCUSSION

Respondent was placed in lock-up on January 28, 1996, and entered a plea of nolo contendere on March 26, 1996. At the PCR hearing, respondent testified he pled guilty so that he would be released from lock-up. The PCR judge held respondent’s plea was involuntary. The State contends this was error.…