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KENNARD A. SMITH, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

On Appeal from the Territorial Court of the Virgin Islands

ORDER

THOMAS K. MOORE, CHIEF JUDGE DISTRICT COURT OF THE VIRGIN ISLANDS

This matter is before the Court on appeal from the Territorial Court of the Virgin Islands, having been submitted on the briefs without oral argument. Appellant challenges the Territorial Court's acceptance of appellant's plea of guilty. After due consideration,

Appellant inaccurately relies on North Carolina v. Alford, 400 U.S. 25 (1970), which holds that if a plea is given with an assertion of innocence, without more such as a record evidencing guilt, the plea may be invalid. In doing so, appellant mischaracterizes Alford's holding and his own plea of guilty, which was offered voluntarily without an assertion of innocence and in consideration of the strong evidence of appellant's guilt. See Appendix for Appellant at 37-39.

IT IS on this _11_ day of April, 1994, hereby ORDERED that the above-captioned appeal is DISMISSED for lack of jurisdiction.

Appellant's motion to amend his brief is therefore denied as moot.

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SMITH v. GOVERNMENT OF THE VIRGIN ISLANDS, (D.V.I. 1994)
(Apr 11, 1994)