South Carolina v. Herndon
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Appellant John Herndon appealed a circuit court's order imposing lifetime sex offender registration for his failure to complete sex abuse counseling required by the terms of his probation. Upon review, the Supreme Court affirmed: "[t]he Record demonstrate[d] that Appellant maintained his innocence, but made a knowing, voluntary, and intelligent Alford plea to conclude the proceedings and place the matter behind him. Appellant simply failed to satisfy a condition of his probation, and the circuit court properly ordered him to register as sex offender for life as would have been appropriate for a defendant sentenced pursuant to a standard guilty plea. . . . the defendant entering an Alford plea is still treated as guilty for the purposes of punishment, and simply put, is not owed anything merely because the State and the court have agreed to deviate from the standard guilty plea." Appellant received notice that he would need to admit guilt through his participation in the program, and the circuit court re-ordered Appellant to complete the counseling prior to the probation revocation. However, Appellant failed to comply.
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