Henry v. State

MlKELL, Judge.

John Allan Henry was indicted for aggravated assault and terroristic threats. On August 24, 2005, he pled guilty under North Carolina v. Alford 1 to terroristic threats, and the trial court nolle prossed the aggravated assault charge. Thereafter, Henry never moved to withdraw his guilty plea but instead filed a motion for an out-of-time appeal, which was granted. On appeal, Henry asserts that there was no factual basis for the plea and that it was not entered voluntarily or intelligently because the trial court did not inform him that intent was an element of the offense of…