In Re Moulton

The State appeals from a superior court order granting petitioner’s motion for post-conviction relief. We agree with its arguments that counsel had no duty to inform petitioner regarding parole eligibility and that the court’s conclusion that petitioner relied on a material misunderstanding is not supported by its findings. We therefore reverse and remand.

Petitioner was arraigned on a charge of sexual assault, and retained private counsel. A public defender was later appointed as co-counsel to assist in the defense. Petitioner entered a plea of nolo contendere pursuant to a plea agreement and…