Anthony Dwayne Goshay v The State Of Oklahoma

C-2000-35

Filed: Apr. 18, 2001

Not for publication

Prevailing Party: Anthony Dwayne Goshay

Summary

Anthony Dwayne Goshay appealed his conviction for escape from county jail and assault on a correctional officer. His conviction and sentence were five years for escape and three years for assault, to be served one after the other. Judge Lewis dissented. Goshay had originally pled guilty but later wanted to take back his plea during sentencing. The court did not let him do that, claiming he had to stick to the plea deal he agreed to. However, Goshay argued that he felt pressured to plead guilty and did not understand fully what he was agreeing to. The appeals court agreed with Goshay, saying he should have been allowed to change his mind about his plea. As a result, they reversed his conviction and sent the case back for a new hearing to make things right.

Decision

The writ of certiorari is GRANTED, and this matter is REVERSED and REMANDED for further proceedings not inconsistent with this opinion.

Issues

• Was there coercion involved in the petitioner’s no contest plea, making it involuntary?
• Did the trial court commit reversible error by accepting the plea without informing the petitioner of the elements of each charged offense?
• Did the petitioner’s convictions for escape and assault on a correctional officer violate prohibitions against double punishment and double jeopardy?

Findings

• The court erred in failing to allow Goshay to withdraw his plea based on the conditions of the plea agreement not being honored.
• The evidence was sufficient to establish that Goshay's plea was made under the mistaken belief that he could unconditionally withdraw it at sentencing.
• The claims of coercion regarding the plea were substantiated, leading to the conclusion that the plea was not voluntary.
• No reversible error was found in the trial court's acceptance of the plea regarding the elements of the offenses, considering the context of the plea agreement.
• The double jeopardy claim was not applicable; however, the convictions for escape and assault were subjected to review based on the plea agreement.

C-2000-35

Apr. 18, 2001

Anthony Dwayne Goshay

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

CHAPEL, JUDGE:

On October 7, 1999, in Comanche County District Court Case No. CRF- 99-122, Anthony Dwayne Goshay pled guilty to Count I: Escape from County Jail in violation of 21 O.S.Supp. 1994, § 443(a) and Count II: Assault on a Correctional Officer in violation of 21 O.S.1991, § 649. At sentencing on October 20, 1999, Goshay verbally attempted to withdraw his plea. The Honorable David B. Lewis denied Goshay’s request, sentencing him to five (5) years imprisonment on Count I and three (3) years imprisonment on Count II. On October 25, 1999, Goshay’s attorney filed an application to withdraw his plea; Goshay followed with a pro se application to withdraw his plea on November 1, 1999. On December 28, 1999, a minute order was entered denying each of Goshay’s motions. On August 25, 2000, this Court remanded Goshay’s appeal to the district court to determine if Goshay was present at the hearing on his Application to Withdraw Plea. If not, the court was to hold a new hearing thereon. The new hearing was held on October 2, 2000. At that hearing, the Honorable David B. Lewis denied Goshay’s application to withdraw his plea. Goshay has perfected his appeal to this Court.

Goshay raises the following propositions of error on appeal:

I. Petitioner’s plea of no contest was entered as a result of coercion and, therefore, was not voluntary.

II. Reversible error occurred when the trial court accepted Mr. Goshay’s plea without informing him of the elements of each offense charged.

III. Petitioner’s convictions for escape and an assault on a correctional officer violate the prohibitions against double punishment and double jeopardy.

After thoroughly considering the entire appellate record presented, including the original record, transcripts, briefs and exhibits of the parties, we determine that reversal is required under the law and evidence. When Goshay entered his guilty plea under the plea agreement, the judge, the prosecutor, and his own counsel assured him that he could change his mind and reject it at sentencing, but that if he did, the prosecutor would seek to enhance his sentence with two previous felony convictions.¹ At sentencing, Goshay repeatedly requested to withdraw his plea. The district court nevertheless imposed the sentence recommended by the prosecutor and contained within the plea form that Goshay had signed. The plea transcript and Goshay’s testimony at the Application to Withdraw hearing establish that Goshay’s plea was entered subject to the conditions and risks stated above—namely, withdrawal at his option with a potentially increased sentence. Goshay did not receive the benefit of his bargain. As a result, his petition for certiorari should be granted.

Decision

The writ of certiorari is GRANTED, and this matter is REVERSED and REMANDED for further proceedings not inconsistent with this opinion.

The Court: Okay. Mr. Herring, do you have any questions about that?

Mr. Herring: That is our understanding, pursuant to our discussions.

The Court: Mr. Goshay, you understand that as well?

The Defendant: Now I do.

The Court: It is a pretty straightforward proposition. If you go along with your plea bargain, we sentence you at that time. If not, we run into a problem, all bets are off, and they will add the AFCs, and we will go forward from there.

The Defendant: I understand that.²

See Bailey v. State, 730 P.2d 1212, 1213 (Okl.Cr.1987)(defendant must be allowed to withdraw plea if agreement not followed). Here, the agreement was that Goshay could withdraw his plea at sentencing if he wanted. At sentencing, he attempted to exercise that option.³

ATTORNEYS AT TRIAL
ALBERT WHEELER
1400 N. SHARTEL
OKLAHOMA CITY, OKLAHOMA 73103
ATTORNEY FOR DEFENDANT

ATTORNEYS ON APPEAL
DANNY G. LOHMANN
1623 CROSS CENTER DRIVE
NORMAN, OKLAHOMA 73019
ATTORNEY FOR THE PETITIONER

FRED SMITH
ASSISTANT DISTRICT ATTORNEY
COMANCHE COUNTY COURTHOUSE
LAWTON, OKLAHOMA 73501
ATTORNEY FOR THE STATE

OPINION BY: CHAPEL, J.

LUMPKIN, P.J.: CONCUR IN RESULTS

JOHNSON, V.P.J.: CONCUR

STRUBHAR, J.: CONCUR

LILE, J.: CONCUR IN RESULTS

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Footnotes:

1. The relevant record follows: Prosecutor: "Your honor, the State has made Mr. Goshay an offer in this case. I believe the offer is five years on the escape and three years on the assault on a corrections officer, to run consecutively with his other case. If Mr. Goshay returns on the 20th and rejects that plea agreement, the State of Oklahoma will be asking leave to amend the complaint again, adding his two felony convictions, which we have not agreed not to file for purposes of this plea. We simply did not want to be prevented from doing this if, in the meantime, Mr. Goshay changes his mind and wants to back out of this recommendation." (emphasis added.)
2. (O.R. 33-36.)
3. See Bailey U. State, 730 P.2d 1212, 1213 (Okl.Cr.1987)(defendant must be allowed to withdraw plea if agreement not followed).

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 443(a) - Escape from County Jail
• Okla. Stat. tit. 21 § 649 - Assault on a Correctional Officer

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:

• Bramlett v. State, 2018 OK CR 19, I 36, 422 P.3d 788, 799-800
• Bailey v. State, 730 P.2d 1212, 1213 (Okl.Cr.1987)