Carroll v. Com.

701 S.E.2d 414, 280 Va. 641
CourtSupreme Court of Virginia
DecidedNovember 4, 2010
Docket091987
StatusPublished
Cited by61 cases

This text of 701 S.E.2d 414 (Carroll v. Com.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carroll v. Com., 701 S.E.2d 414, 280 Va. 641 (Va. 2010).

Opinion

701 S.E.2d 414 (2010)

James CARROLL
v.
COMMONWEALTH of Virginia.

Record No. 091987.

Supreme Court of Virginia.

November 4, 2010.

*415 Clarence F. Stanback, Jr., for appellant.

Richard B. Smith, Special Assistant Attorney General (Kenneth T. Cuccinelli II, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO, S.J.

Opinion by Senior Justice HARRY L. CARRICO.

In this appeal, we decide whether a person charged with rape who enters an Alford plea and is placed on probation violates the terms of his probation by refusing to admit his guilt during the course of ordered treatment for sex offenders. The circuit court held that the defendant, James Carroll, was in violation of his probation for his refusal to make such an admission. The Court of Appeals of Virginia affirmed the judgment of the circuit court. We will affirm the judgment of the Court of Appeals.

THE ALFORD PLEA

The use of an Alford plea arose out of the Supreme Court's decision in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). There, the Court held as follows:

An individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime.

Id. at 37, 91 S.Ct. 160.

This Court explicated the Alford plea in Parson v. Carroll, 272 Va. 560, 636 S.E.2d 452 (2006). There, we stated as follows:

Based on [the] holding in Alford, the courts in this Commonwealth in the exercise of their discretion have permitted criminal defendants who wish to avoid the consequences of a trial to plead guilty by conceding that the evidence is sufficient to convict them, while maintaining that they did not participate in the acts constituting the crimes. See e.g., Patterson v. Commonwealth, 262 Va. 301, 302 n. 1, 551 S.E.2d 332, 333 n. 1 (2001); Reid v. Commonwealth, 256 Va. 561, 563 n. 1, 506 S.E.2d 787, 788 n. 1 (1998); Zigta v. Commonwealth, 38 Va.App. 149, 151 n. 1, 562 S.E.2d 347, 348 n. 1 (2002); Perry v. Commonwealth, *416 33 Va.App. 410, 412-13, 533 S.E.2d 651, 652-53 (2000).

Id. at 565-66, 636 S.E.2d at 455. See also the following cases in which defendants made Alford pleas since Parson: Malbrough v. Commonwealth, 275 Va. 163, 168, 655 S.E.2d 1, 3 (2008); Neighbors v. Commonwealth, 274 Va. 503, 506, 650 S.E.2d 514, 515 (2007).

BACKGROUND

On June 18, 2007, a grand jury in the Circuit Court of Arlington County indicted James Carroll for the rape of a child less than thirteen years of age. Code § 18.2-61. The rape occurred between 1982 and 1984, and the child was Carroll's stepdaughter, who was then twelve years old.

On September 6, 2007, Carroll and the Commonwealth's Attorney signed a plea agreement. In the document, Carroll stated that he was "going to plead guilty to the crime of Rape," although he did not "admit that [he] committed the crime to which [he was] pleading guilty," because he had "decided it [was] in [his] interest to accept the prosecutor's offer to enter into this agreement." He also stated he understood that "by pleading guilty [he] may receive the same penalties as if [he] had been convicted of the same crime after a trial by a jury or by a judge sitting without a jury."

Also on September 6, 2007, the circuit court conducted a hearing on Carroll's guilty plea. The following colloquy ensued between the court and Carroll:

THE COURT: Are you pleading guilty because you are, in fact, guilty and no other reason?
THE DEFENDANT: Yes, sir.
. . . .
THE COURT: Tell me what an Alford plea is.
. . . .
THE DEFENDANT: Well, what the plea is, it says that the prosecutor feels he has enough evidence to convict me even though I don't think I'm guilty of the crime.
THE COURT: And you don't want to take that chance.
THE DEFENDANT: Correct.
. . . .
THE COURT: Okay. Now, do you ... understand that the legal consequences of an Alford plea are the same as a guilty plea or a finding of guilt?
THE DEFENDANT: That's what I am told [by my attorney]. ... I know what I am doing.
. . . .
THE COURT: What is your plea? Alford plea at this time?
THE DEFENDANT: Yes, sir.
. . . .
THE COURT: Let the record reflect that the plea is made freely and voluntarily with an understanding of its nature and its consequences.

After a proffer by the prosecutor of what the evidence would have shown, the circuit court accepted Carroll's plea of guilty and convicted him of rape. Pursuant to the plea agreement, the court suspended the imposition of sentence for five years, directed that Carroll be of general good behavior, have no contact with the victim or her family, and pay court costs.

The circuit court also placed Carroll on supervised probation during the period of suspension. The court's sentencing order entered on September 20, 2007, provided that Carroll "shall comply with all the rules and requirements set by the Probation Officer" and that "[p]robation shall include any substance abuse counseling, testing, and/or treatment as prescribed by the Probation Officer."

The court informed Carroll that if, at the end of the suspension period, he had fulfilled "all these conditions, [he] can withdraw this plea [of guilty], enter a plea of guilty to assault and battery, and the Court will impose a fine of $750 in accordance with [the plea] agreement." The case was continued until September 14, 2012, for final disposition.

On October 5, 2007, Carroll filed a motion to amend the sentencing order to provide that "[n]o sex offender treatment be prescribed or required by the Probation Officer" because the "incident occurred over 20-something years ago," there have been "no allegations" *417 against Carroll since, and "there is no need for any treatment." The circuit court did not grant the motion and ordered that "any sex offender treatment is to be determined by the Defendant's supervising Probation Officer."

On March 6, 2008, Carroll began attending a sex-offender treatment group to which he had been assigned by his probation officer for sex offender therapy. As part of this treatment program, Carroll was required to admit his guilt to the crime of rape with which he had been charged. He refused to make the admission or otherwise cooperate and, after the therapy staff had worked with him for two months, he was terminated from the program on May 7, 2008.

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Bluebook (online)
701 S.E.2d 414, 280 Va. 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-com-va-2010.