The Michigan Supreme Court has agreed to decide whether a convicted child molester should be allowed to withdraw his guilty plea because he did not know it would subject him to a lifetime of electronic monitoring.
The state Supreme Court is being asked to decide whether David M. Cole entered a “knowing, intelligent, and understanding” plea.
Cole plead “no contest,” which is essentially a guilty plea, to two counts of having sexual contact with a child younger than 13 when he was in his late 20s. His plea deal included an agreement that he would eligible for release from prison within five years.
But Cole says that he was never told his conviction on second-degree criminal sexual conduct charges requires that he wear an electronic monitoring device for the rest of his life.
Cole was denied permission to withdraw his plea to try and make a new deal.
Prosecutors say their deal was only on prison time, everything else was not part of the negotiation.