Davis v. People of the Virgin Islands

Summary

The Supreme Court of the Virgin Islands affirmed Jimmy Davis’s conviction and sentence for third-degree burglary following an Alford plea. The Court held that Virgin Islands Rule of Criminal Procedure 11 does not require a factual basis for an Alford plea because the rule’s factual-basis requirement applies only to guilty pleas, not nolo contendere pleas. The Court also rejected Davis’s argument that the trial court improperly infringed his protestation of innocence by questioning defense counsel regarding the intent element.

Holdings

1. Virgin Islands Rule of Criminal Procedure 11(b)(3) requires a factual-basis determination for a guilty plea but does not require one for a nolo contendere plea; because an Alford plea is equivalent to a nolo contendere plea for this purpose, the trial court did not abuse its discretion by accepting Davis's Alford plea without establishing a factual basis.
2. The trial court did not invalidate Davis's Alford plea or infringe his right to maintain a protestation of innocence. The court complied with Rule 11 by advising Davis personally in open court, determining that he understood the consequences and rights involved, and determining that his plea was voluntary and not the result of force, threats, or improper promises.

Questions Presented

1. Whether the Superior Court violated Virgin Islands Rule of Criminal Procedure 11 by accepting Davis's Alford plea without establishing a factual basis and without ensuring that the plea was knowing, voluntary, and intelligent.
2. Whether the trial court's questioning of defense counsel regarding Davis's intent and its acceptance of a stipulation to intent infringed Davis's right to maintain a protestation of innocence or otherwise invalidated the Alford plea.

Disposition

affirmed