Adolphus Jermaine Uptonv.The State
Adolphus Upton pleaded guilty to rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, incest, child molestation, and influencing a witness. The State’s proffer described allegations that Upton sexually abused his thirteen-year-old daughter over a two-year period and later tried to influence her account while jailed. He received an aggregate sentence of life imprisonment, with twenty-five years in confinement and life on probation. Upton later sought to withdraw the plea, claiming ineffective assistance and that the plea was not knowing or voluntary. The Court of Appeals upheld the plea and rejected those claims because Upton did not show deficient performance or prejudice and the record supported a voluntary plea. The court nevertheless vacated five sentences as unlawful under the applicable sentencing statutes and remanded for correction. Thus, the plea and convictions remained in place, but the trial court had to impose lawful sentences on the specified counts.
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