Voluntariness to be Determined

The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant’s willingness to plead guilty or nolo contendere results from prior discussions between the attorney for the government and the defendant or his attorney. COURT DECISIONS: D.C. Guam App. Div., People v. Gentapanan, D.C. Cr. 84-00074A (1986). Where the Superior Court followed the provisions of this section (§ 60.60) and the preceding two sections with respect to accepting appellant’s plea of nolo contendere, the appellate court will refuse to overturn a later decision of the Superior Court denying appellant’s request to retract his plea. The argument that appellant’s lawyer failed to inform him of his waiver of a right to appeal is not jurisdictional and, therefore, not appealable. NOTE: Section 60.60, together with § 60.50, supersede the second sentence of former § 995 and former Rule 11. The section is based on proposed Rule 11(d) of the Federal Rules of Criminal Procedure. See also ABA, Project on Minimum Standards for Criminal Justice Pleas of Guilty § 1.5 (Approved draft 1968). See generally 8 Moore, Federal Practice ¶11.03 (1974). Where a plea of guilty or nolo contendere does result from a plea agreement, see § 60.80 (plea agreement procedure).