State v. Whalen

In the instant case, we remand a case to the Circuit Court of Hardy County with instructions to allow a defendant to withdraw a guilty plea if he so wishes; if he does not, he is required to register as a sex offender.

I

Facts & Background

The appellant, Dale Scott Whalen, was arrested on December 6, 2001, and charged with the offenses of burglary, petit larceny, and indecent exposure. He entered into a plea agreement whereby he would plead guilty to burglary, and the prosecution would drop the other charges and would recommend a sixty-day evaluation and a sentence of penitentiary incarceration.

T…