Clifford Feaster v The State Of Oklahoma

C-2003-1342

Filed: Oct. 14, 2003

Not for publication

Prevailing Party: Clifford Feaster

Summary

Clifford Feaster appealed his conviction for multiple counts of robbery and other crimes. Conviction and sentence were not overturned. Judge Davis dissented. In 1998, Feaster pled guilty to several serious crimes and was given a long prison sentence. Later, he wanted to change his mind about his guilty plea, so he asked the court to let him withdraw it, but his request was denied. The case went to a higher court, which agreed to review it. After looking at all the details, the higher court decided that Feaster's original guilty pleas were okay and that he understood what he was doing when he entered them. However, they also said that some parts of his official judgment paperwork needed to be corrected. Overall, they did not grant his request to change his plea.

Decision

Petitioner's Writ of Certiorari is DENIED but the Judgment and Sentence in CF-1998-491 should be MODIFIED to reflect that Counts IV and V were dismissed.

Issues

• was there a factual basis provided for Mr. Feaster's guilty pleas that warrants withdrawal?
• did the trial court err in determining that Mr. Feaster's plea was entered knowingly and voluntarily?
• should the Judgment and Sentence in F-98-491 be modified to accurately reflect the judgment imposed?

Findings

• the trial court's failure to provide a factual basis requires that Mr. Feaster be allowed to withdraw his guilty pleas - denied
• the trial court erred in refusing to grant Mr. Feaster's motion to withdraw his plea of guilty because it was not entered knowingly and voluntarily - denied
• the Judgment and Sentence in F-98-491 should be modified to accurately state the judgment imposed - granted

C-2003-1342

Oct. 14, 2003

Clifford Feaster

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

CHAPEL, JUDGE: On September 18, 1998, Feaster pled guilty in Pittsburgh County District Court Case Nos. F-98-491, F-98-505, F-98-506 and F-98-507 to three Counts of Robbery by Fear, Attempted Robbery, Assault and Battery with a Dangerous Weapon, and Running a Roadblock, After Former Conviction of Two or More Felonies. The Honorable James D. Bland sentenced Feaster to concurrent forty-five (45) year prison terms on October 23, 1998. Feaster filed a motion to withdraw his plea on November 4, 1998. The district court overruled his motion. Feaster then petitioned to this Court. In its October 14, 2003 opinion, this Court remanded this case for a new hearing on Feaster’s Motion to Withdraw Plea. At a hearing held on December 1, 2003, the trial court denied Feaster’s motion.

Feaster raises the following propositions of error:

I. The trial court’s failure to provide a factual basis requires that Mr. Feaster be allowed to withdraw his guilty pleas.

II. The trial court erred in refusing to grant Mr. Feaster’s motion to withdraw his plea of guilty because it was not entered knowingly and voluntarily.

III. The Judgment and Sentence in F-98-491 should be modified to accurately state the judgment imposed.

After thorough consideration of the entire appellate record, including the original record, transcripts, and briefs and exhibits of the parties, we find that reversal is not required by the law and evidence. We find in Propositions I and II that the factual basis of Feaster’s pleas was adequate and that his pleas were knowingly and voluntarily entered. We find in Proposition III that Feaster’s Judgment and Sentence in CF-1998-491 must be modified to correctly reflect the judgment imposed.

Decision

Petitioner’s Writ of Certiorari is DENIED but the Judgment and Sentence in CF-1998-491 should be MODIFIED to reflect that Counts IV and V were dismissed.

ATTORNEYS AT TRIAL

PATRICK LAYDEN
320 EAST CARL ALBERT PARKWAY
P.O. BOX 926
MCALESTER, OKLAHOMA 74501

ATTORNEYS ON APPEAL

DANNY G. LOHMAN
NORMAN, OKLAHOMA 73070
ATTORNEY FOR PETITIONER

CHRISTOPHER WILSON
DISTRICT ATTORNEY
PITTSBURG COUNTY COURTHOUSE
115 EAST CARL ALBERT PARKWAY
MCALESTER, OKLAHOMA 74501
ATTORNEY FOR THE STATE

1 Fields U. State, 923 P.2d 624, 631 (Okl.Cr. 1996)(this Court reviews trial court’s denial of motion to withdraw for abuse of discretion).

OPINION BY: CHAPEL, J.

JOHNSON, P.J.: CONCUR
LILE, V.P.J.: CONCUR IN RESULTS
LUMPKIN, J.: CONCUR
STRUBHAR, J.: CONCUR

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Footnotes:

1. Fields U. State, 923 P.2d 624, 631 (Okl.Cr. 1996)

Oklahoma Statutes citations:

No Oklahoma statutes found.

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Fields U. State, 923 P.2d 624, 631 (Okl.Cr. 1996)