Jessica Melissa Woods v State Of Oklahoma

C-2001-1216

Filed: Jun. 7, 2002

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Jessica Melissa Woods appealed her conviction for Injury to a Minor Child. Conviction and sentence were 20 years in prison with the first 10 years to be served. No judges dissented.

Decision

The Judgment of the trial court is AFFIRMED and the petition for a writ of certiorari is DENIED. The court costs imposed in this case are MODIFIED to $660.40.

Issues

• Was there an abuse of discretion in denying Petitioner's motion to withdraw her plea of guilty due to her mental condition at the time of entering the plea?
• Should Petitioner be relieved of payment of restitution, the Victim's Compensation Assessment, and payment for transcript preparation?

Findings

• The court did not err in denying Petitioner's motion to withdraw her plea of guilty based on her mental condition.
• The claim regarding restitution and Victim's Compensation Assessment was waived due to insufficient record.
• Petitioner should not be assessed the transcript preparation fee as she was found indigent.
• The court costs were modified from $842.90 to $660.40.

C-2001-1216

Jun. 7, 2002

Jessica Melissa Woods

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

DENYING PETITION FOR WRIT OF CERTIORARI

STRUBHAR, JUDGE: Jessica Melissa Woods, hereinafter Petitioner, entered a blind plea of guilty to one count of Injury to a Minor Child in the District Court of McCurtain County, Case No. CRF-2000-206, the Honorable Willard Driesel, District Judge, presiding. The trial court sentenced Petitioner to twenty (20) years imprisonment with all but the first ten years suspended. Petitioner filed a timely application to withdraw her guilty plea that was denied by the district court. From the district court’s denial of her application to withdraw guilty plea, Petitioner seeks a Writ of Certiorari.

After thorough consideration of the entire record before us on appeal, including the original record, transcripts, and brief of Petitioner, we affirm the district court’s denial of Petitioner’s application to withdraw her guilty plea. In reaching our decision we considered the following propositions of error and determined that reversal of the district court’s ruling is not required under the law and the evidence:

I. The district court abused its discretion in denying Petitioner’s motion to withdraw plea of guilty because of the defendant’s mental condition at the time of entering the plea; and
II. Petitioner should be relieved of payment of restitution, payment of the Victim’s Compensation Assessment, and payment for transcript preparation.

As to Proposition I, we find the trial court did not abuse its discretion in overruling Petitioner’s motion to withdraw her plea as the record shows the plea was entered knowingly and voluntarily. See Carpenter v. State, 929 P.2d 988, 998 (Okl.Cr.1996); Frederick v. State, 811 P.2d 601, 603 (1991). As to Proposition II, we find Petitioner has failed to provide a sufficient record for us to determine if the restitution order and the Victim’s Compensation Assessment were proper inasmuch as she waived the reporting of the sentencing hearing. Therefore, the claim is waived. Hill v. State, 898 P.2d 155, 160 (Okl.Cr.1995). We do find Petitioner should not be assessed the transcript preparation fee inasmuch as the trial court found Petitioner indigent and ordered the transcripts prepared at public expense. Accordingly, the court costs imposed in this case should be modified from $842.90 to $660.40.

DECISION

The Judgment of the trial court is AFFIRMED and the petition for a writ of certiorari is DENIED. The court costs imposed in this case are MODIFIED to $660.40.

APPEARANCES AT TRIAL

GERALD GIBBS
ATTORNEY AT LAW
OKLAHOMA INDIGENT DEFENSE SYSTEM
201 N. MAIN STREET
BROKEN BOW, OK 74728

DAVID A. WEBB
ATTORNEY FOR PETITIONER
ATTORNEY AT LAW
P.O. BOX 894
IDABEL, OK 74745

APPEARANCES ON APPEAL

S. GAIL GUNNING
1623 CROSS CENTER DRIVE
NORMAN, OK 73019

VIRGINIA SANDERS
ASSISTANT DISTRICT ATTORNEY
MCCURTAIN COUNTY DISTRICT ATTORNEY’S OFFICE
IDABEL, OK 74745

OPINION BY: STRUBHAR, J.

LUMPKIN, P.J.: CONCUR

JOHNSON, V. P.J.: CONCUR

CHAPEL, J.: CONCUR

LILE, J.: CONCUR

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Footnotes:

1. See Carpenter v. State, 929 P.2d 988, 998 (Okl.Cr.1996); Frederick v. State, 811 P.2d 601, 603 (1991).
2. Hill v. State, 898 P.2d 155, 160 (Okl.Cr.1995).

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:

• Carpenter v. State, 929 P.2d 988, 998 (Okl.Cr.1996)
• Frederick v. State, 811 P.2d 601, 603 (1991)
• Hill v. State, 898 P.2d 155, 160 (Okl.Cr.1995)