Nikisha Lynn Farris v The State Of Oklahoma

C-2000-750

Filed: Feb. 5, 2001

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Nikisha Lynn Farris appealed her conviction for robbery in the first degree and concealing stolen property. The court originally sentenced her to 100 years for the robbery and 5 years for the concealment, to be served at the same time. Farris claimed she didn't have a good lawyer and that her sentence was too harsh. The court decided that her guilty plea was made freely and that her lawyer did not fail her. However, they agreed that the 100-year sentence was too much and changed it to 30 years instead. The decision to change her sentence was made by a majority of the judges, and one judge disagreed.

Decision

The Application for Writ of Certiorari is hereby GRANTED to modify the sentence.

Issues

• Was there ineffective assistance of counsel for the petitioner?
• Was the petitioner's sentence excessive?

Findings

• the court found that the petitioner received effective assistance of counsel
• the court modified the sentence from one hundred years to thirty years imprisonment on Count I

C-2000-750

Feb. 5, 2001

Nikisha Lynn Farris

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

GRANTING WRIT OF CERTIORARI TO MODIFY THE SENTENCE

LILE, JUDGE: Petitioner, Nikisha Lynn Farris, entered a plea of guilty to Count I – Robbery in the First Degree (21 O.S.1991, § 791) and Count II – Concealing Stolen Property (21 O.S.1991, § 1704) in Case No. CF-99-5319 in the District Court of Oklahoma County. The plea of guilty was not entered in exchange for a sentence recommendation from the District Attorney. The Honorable Jerry D. Bass, District Judge, sentenced Petitioner to one hundred (100) years imprisonment on Count I and five (5) years imprisonment on Count II, to be served concurrently. Petitioner timely filed her Motion to Withdraw Plea of Guilty, which after hearing was denied by the trial court. Petitioner has appealed the trial court’s decision. After thorough consideration of the entire record before us on appeal including the original record, transcripts, and brief of Petitioner, we affirm the trial court’s ruling. In reaching our decision, we considered the following propositions of error and determined that modification is required under the law and the evidence.

I. Petitioner received ineffective assistance of counsel.
II. Petitioner’s sentence is excessive.

As to Proposition I, we find that Petitioner’s Plea of Guilty was knowing and voluntary. Lozoya v. State, 1996 OK CR 55, 488 P.2d 606. We further find that trial counsel was not ineffective. Hill v. Lockart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Braun v. State, 1995 OK CR 42, 909 P.2d 783. As to Proposition II, we find the sentence on Count I to be excessive and modify it to thirty (30) years incarceration. Maxwell v. State, 1989 OK CR 22, 775 P.2d 818.

DECISION

The Application for Writ of Certiorari is hereby GRANTED to modify the sentence.

ATTORNEYS AT TRIAL
JANET COX
ASSISTANT PUBLIC DEFENDER
105 N. HUDSON, SUITE 204
OKLAHOMA CITY, OK 73102
ATTORNEY FOR APPELLANT

ATTORNEYS ON APPEAL
BEVERLEY Q. WATTS
320 ROBERT S. KERR, SUITE 600
OKLAHOMA CITY, OK 73102
ATTORNEY FOR DEFENDANT

SUZANNE LISTER-GUMP
ASSISTANT DISTRICT ATTORNEY
320 ROBERT S. KERR, SUITE 505
OKLAHOMA CITY, OK 73102
ATTORNEY FOR STATE

OPINION BY: LILE, J.
LUMPKIN, P.J.: CONCURS
JOHNSON, V.P.J.: CONCURS
CHAPEL, J.: CONCURS IN RESULTS
STRUBHAR, J.: CONCURS

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Footnotes:

1. 21 O.S.1991, § 791
2. 21 O.S.1991, § 1704
3. Lozoya v. State, 1996 OK CR 55, 488 P.2d 606
4. Hill v. Lockart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985)
5. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)
6. Braun v. State, 1995 OK CR 42, 909 P.2d 783
7. Maxwell v. State, 1989 OK CR 22, 775 P.2d 818

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 791 - Robbery in the First Degree
• Okla. Stat. tit. 21 § 1704 - Concealing Stolen Property
• Okla. Stat. tit. 21 § 701.8 - Sentencing
• Okla. Stat. tit. 22 § 510 - Motion to Withdraw Guilty Plea

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:

• Lozoya v. State, 1996 OK CR 55, 488 P.2d 606
• Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985)
• Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)
• Braun v. State, 1995 OK CR 42, 909 P.2d 783
• Maxwell v. State, 1989 OK CR 22, 775 P.2d 818