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FILED IN COURT CF CRIMINAL APPEALS STATE OF OKLAHOMA IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF JEFFREY ELLIS BARNETT, ) MICHAEL S. RICHIE CLERK ) Petitioner, ) NOT FOR PUBLICATION ) VS. ) Case No. C 2002-1543 ) STATE OF OKLAHOMA, ) ) Respondent. ) 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 APPEARANCES ON APPEAL LARRY BONNELL LEE ANN JONES PETERS 120 NORTH 2ND STREET APPELLATE DEFENSE COUNSEL PURCELL, OK 73080 INDIGENT DEFENSE SYSTEM ATTORNEY FOR DEFENDANT P.O. BOX 926 NORMAN, OK 73070 ATTORNEY FOR PETITIONER GREG DIXON NO RESPONSE NEEDED 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 RA 2

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