State v. Gomes

OPINION

The district court granted post-conviction habeas relief to respondent Donald Fred Gomes and set aside his guilty plea and judgment of conviction. The court found that Gomes had intended to enter a plea of nolo contendere but that a plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), was entered instead. The court concluded that the plea was therefore not voluntary and knowing and should be set aside.

We hold that a plea entered pursuant to Alford is a plea of nolo contendere and reverse.

FACTS

On January 20, 1993, Gomes signed a plea bargain agreement in which he pleaded…