Jeffrey Ellis Barnett v State Of Oklahoma

C 2002-1543

Filed: Oct. 19, 2004

Not for publication

Prevailing Party: Jeffrey Ellis Barnett

Summary

Jeffrey Ellis Barnett appealed his conviction for second-degree rape. Conviction and sentence were ten years in prison with five years suspended. Johnson dissented.

Decision

Petitioner's Petition for Writ of Certiorari is GRANTED and the case is REMANDED to the trial court for a hearing on the motion to withdraw plea with Petitioner represented by different counsel.

Issues

• was there a violation of the Sixth Amendment right to assistance of counsel in pursuing the motion to withdraw guilty plea?
• did the trial court err in denying the motion to withdraw guilty plea?
• was the case adequately evaluated in light of precedent established in Carey v. State?

Findings

• the court erred
• the case is remanded to the trial court for a hearing on the motion to withdraw plea with Petitioner represented by different counsel

C 2002-1543

Oct. 19, 2004

Jeffrey Ellis Barnett

Appellant

v

State Of Oklahoma

Appellee

SUMMARY OPINION

GRANTING PETITION FOR WRIT OF CERTIORARI

LILE, VICE PRESIDING JUDGE:

Jeffrey Ellis Barnett entered his plea of guilty to second-degree rape in violation of Title 21 O.S.2001, § 1111, in case no. CF-2001-121 in McClain County. The Honorable Noah Ewing, Associate District Judge, sentenced Petitioner to ten years imprisonment with five years suspended in accordance with a negotiated plea agreement. Petitioner filed his pro se petition for a new trial, which the court treated as a motion to withdraw plea of guilty. The trial court denied the motion and Petitioner has perfected his appeal by writ of certiorari.

Petitioner raises the following proposition of error in support of his appeal: Petitioner was deprived of his Sixth Amendment right to assistance of counsel in pursuing his motion to withdraw his guilty plea. After thorough consideration of the entire record before us on appeal including the original record, available transcripts, and Petitioner’s brief, we GRANT the Petition for Certiorari. In reaching our decision we find that Petitioner’s case is remarkably similar to the case of Carey v. State, 1995 OK CR 55, 902 P.2d 1116. The result must be the same.

DECISION

Petitioner’s Petition for Writ of Certiorari is GRANTED and the case is REMANDED to the trial court for a hearing on the motion to withdraw plea with Petitioner represented by different counsel.

APPEARANCES AT TRIAL

LARRY BONNELL
120 NORTH 2ND STREET
PURCELL, OK 73080
ATTORNEY FOR DEFENDANT

APPEARANCES ON APPEAL

LEE ANN JONES PETERS
INDIGENT DEFENSE SYSTEM
P.O. BOX 926
NORMAN, OK 73070
ATTORNEY FOR PETITIONER

GREG DIXON
ASSISTANT DISTRICT ATTORNEY
McCLAIN COUNTY
121 NORTH 2ND STREET
PURCELL, OK 73080
ATTORNEY FOR STATE

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

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Footnotes:

1. Okla. Stat. tit. 21 § 1111
2. Carey v. State, 1995 OK CR 55, 902 P.2d 1116

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 1111 - Second-degree rape
• Okla. Stat. tit. 21 § 701.8 - Sentencing for certain offenses

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:

• Carey v. State, 1995 OK CR 55, 902 P.2d 1116