Terri Ann Newsom v The State Of Oklahoma

C-2001-514

Filed: Nov. 4, 2002

Not for publication

Prevailing Party: The State of Oklahoma

Summary

Terri Ann Newsom appealed her conviction for First Degree Murder. Conviction and sentence were modified from life imprisonment without the possibility of parole to life imprisonment with the possibility of parole. Judge Strubhar dissented.

Decision

The Petition for Writ of Certiorari is hereby GRANTED. Petitioner's conviction for First Degree Murder is AFFIRMED, but her sentence is MODIFIED from life without the possibility of parole to a life sentence. This matter is therefore REMANDED to the District Court of Oklahoma for the entry of a judgment and sentence consistent with this Court's modification of sentence.

Issues

• was there a valid reason to allow Petitioner to withdraw her no-contest plea?
• did defense counsel's conduct constitute ineffective assistance of counsel?
• was there a sufficient factual basis for the trial court to accept Petitioner's plea?

Findings

• the trial judge did not abuse her discretion in refusing to allow Petitioner to withdraw her plea
• Petitioner has failed to adequately substantiate her allegations regarding ineffective assistance of counsel
• there was a sufficient factual basis in the record for the trial court to accept Petitioner's plea
• the sentence is modified from life without the possibility of parole to a life sentence

C-2001-514

Nov. 4, 2002

Terri Ann Newsom

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LUMPKIN, PRESIDING JUDGE: Petitioner entered a blind no-contest plea and was convicted of First Degree Murder (by permitting child abuse) in violation of 21 O.S.Supp. 1998, § 701.7(C) and 10 O.S.Supp.1997, § 7115, in Oklahoma County District Court Case No. CF-98-2492. Following the receipt of a Pre-Sentence Investigation Report, the trial judge sentenced Petitioner to Life Imprisonment Without the Possibility of Parole. Petitioner, through counsel, then filed a motion to withdraw her plea. She obtained new counsel, who filed a supplemental application to withdraw her no-contest plea. On March 22, April 16, and April 20 of 2001, a hearing was held on the motion to withdraw plea. The trial judge refused to allow Petitioner to withdraw her plea, finding it was knowingly and voluntarily entered. Petitioner now appeals from the denial of her motion to withdraw plea. Petitioner raises the following propositions of error in support of her Petition for Writ of Certiorari:

I. Because defense counsel induced Petitioner to enter her plea by promising a suspended sentence, Petitioner’s plea cannot be considered voluntarily entered;

II. Defense counsel’s failure to present a case for a suspended sentence deprived Petitioner of the right to the effective assistance of counsel;

III. Because there was no factual basis on which the trial court could make a finding that Petitioner was guilty of first-degree murder, the trial court erred when it accepted the plea.

After a thorough consideration of these propositions and the entire record before us, including the original record, transcripts, and briefs of the parties, we find the Petition for Writ of Certiorari should be granted, as set forth below. With respect to proposition one, we find the trial judge did not abuse her discretion in refusing to allow Petitioner to withdraw her plea. Carpenter v. State, 929 P.2d 988, 998 (Okl.Cr.1996); Hagar v. State, 990 P.2d 894, 896 (Okl.Cr.1999). With respect to proposition two, we find Petitioner has failed, under this record, to adequately substantiate her allegations that her trial counsel’s representation was outside the wide range of professionally competent counsel or that the outcome of this case would have been different but for his actions. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). With respect to proposition three, we find there was a sufficient factual basis in the record for the trial court to accept Petitioner’s plea. Hagar, 990 P.2d at 897. Nevertheless, this Court has collectively struggled with this case and finds the sentence to be excessive, therefore, Petitioner’s sentence should be modified to life imprisonment with the possibility of parole.

DECISION

The Petition for Writ of Certiorari is hereby GRANTED. Petitioner’s conviction for First Degree Murder is AFFIRMED, but her sentence is MODIFIED from life without the possibility of parole to a life sentence. This matter is therefore REMANDED to the District Court of Oklahoma for the entry of a judgment and sentence consistent with this Court’s modification of sentence.

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Footnotes:

1. 21 O.S.Supp. 1998, § 701.7(C)
2. 10 O.S.Supp. 1997, § 7115
3. Carpenter v. State, 929 P.2d 988, 998 (Okl.Cr.1996)
4. Hagar v. State, 990 P.2d 894, 896 (Okl.Cr.1999)
5. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984)
6. Hagar, 990 P.2d at 897

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.7 (1998) - First Degree Murder by Permitting Child Abuse
• Okla. Stat. tit. 10 § 7115 (1997) - Child Abuse

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)
• Hagar v. State, 990 P.2d 894, 896 (Okl.Cr.1999)
• Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984)