A high school basketball coach and teacher was indicted for committing five sexual offenses against two students. He entered into a plea bargain in which he pled guilty to two counts of sexual offenses against a student. In exchange, he received a sentence of 10 years of community supervision (probation), a $ 500 fine, completion of 500 hours of community service, 90 days in the county jail, placement on the sex-offender caseload, and permanent revocation of his teaching certificate. Under the terms of the plea bargain, he was not required to register as a sex offender. However, if he had been convicted at trial, he would have been required to register.

The teacher filed a request for a new trial, alleging that his lawyer did not inform him that he would have to disclose that he was a “sex offender” in order to comply with the terms of his community supervision. He stated that if he had known this, he would have rejected the plea bargain and pursued a trial. The basis of this claim was that, as part of his plea bargain, the teacher agreed to “Sex Offender Special Conditions of Community Supervision” that required him to participate in a sex-offender treatment program where he would have to acknowledge his responsibility for his offenses. His attorney advised him that this condition did not require him to “admit to being a sex offender per se,” so long as he took responsibility for his actions. He also advised him that the treatment program involved polygraphs, classes, counseling and meetings with people who were sex offenders. He further advised the teacher that he had to admit to the offenses to which he pleaded guilty and “be truthful about what he did.”

The court denied the teacher’s request for a trial and he appealed to the court of appeals, which upheld the decision. The court of appeals found that the teacher had voluntarily entered into the plea agreement and that his lawyer had advised him appropriately. The plea bargain was upheld.