prejudicially affected the fundamental fairness ….
prejudicially affected the fundamental fairness or integrity of Cord’s trial. We exercise plain error review and reverse Cord’s conviction for sexual assault.”
On Wednesday, Cord made a plea of guilty to the misdemeanor charge of assault. He admitted to touching the victim’s breast and agreed that it was touching her in an insulting way.
Maximum penalties were six months in the county jail, a $500 fine or both.
District Judge David Cybulski released Cord because of Cord’s time already served in prison. He also wasn’t ordered to pay a fine because of credit for time served.
“I guess you’re done wearing green stripes as soon as we have the typed judgment,” Cybulski said.
The judge told Cord that it was his best interest to stay away from the victim and from Culbertson.
Roosevelt County Attorney Frank Piocos said he disagreed with the original verdict and the Supreme Court’s ruling. Piocos said he agreed to the plea agreement because he couldn’t retry the case for the felony charge and that a 15-year-old can consent to sexual contact but not sexual intercourse.
Piocos said he talked with the victim before moving forward with the plea agreement.