State v. Smullen

The opinion of the Court was delivered by

O’HERN, J.

The central question in this appeal is whether the proceedings establish an adequate factual basis for a guilty plea to criminal sexual contact with a young child. The facts of this case, like those in so many improper sexual contact cases, are mortifying to a defendant. In many cases a family member is (or has been) the victim of the crime. Here it was not. Still, it is not surprising that defendant did not wish to elaborate on the details of the crime. A presentence report or an “Avenel” diagnosis will often require such elaboration, but…