State v. Satoafaiga
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The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) to the extent it affirmed the denial of Defendant's motion for a deferred acceptance of no contest (DANC) plea, holding that the circuit court's consideration of sexual penetration was an abuse of discretion under the circumstances.
Defendant was indicted for the sexual assault of a twelve-year-old and accepted a plea agreement allowing her to plead no contest to an amended charged of sexual assault in the fourth degree. Defendant moved for DANC plea, which the circuit court denied. The ICA affirmed the denial of Defendant's DANC motion. The Supreme Court vacated the judgment below, holding that Defendant's no contest plea to sexual assault in the fourth degree excluded any allegation of sexual penetration.
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