Christopher Dwayne McGee v The State of Oklahoma

C-2002-946

Filed: Jul. 1, 2003

Not for publication

Prevailing Party: Christopher Dwayne McGee

Summary

Christopher Dwayne McGee appealed his conviction for drugs and conspiracy. Conviction and sentence of thirty years in prison and a $2,500 fine on all four counts. No judges dissented.

Decision

The Petition for a Writ of Certiorari is GRANTED. The current case is REMANDED to the District Court, where McGee shall be allowed to WITHDRAW HIS GUILTY PLEA to the four counts to which he pled in this case.

Issues

• Was Mr. McGee denied his right to effective assistance of counsel due to trial counsel's failure to provide reasonable grounds for withdrawing his guilty pleas?
• Should Mr. McGee be allowed to withdraw his guilty plea because it was not knowingly and voluntarily entered?
• Did Mr. McGee's conviction for both conspiracy to distribute a controlled dangerous substance and distribution of that same substance violate the statutory prohibition against double punishment?

Findings

• The court erred in denying McGee's right to effective assistance of counsel.
• The court erred in allowing McGee's guilty plea because it was not knowingly and voluntarily entered.
• The court erred in allowing convictions for both conspiracy and distribution of the same controlled substance.
• The petition for a writ of certiorari is granted.
• The case is remanded to the District Court, where McGee shall be allowed to withdraw his guilty plea.

C-2002-946

Jul. 1, 2003

Christopher Dwayne McGee

Appellant

v

The State of Oklahoma

Appellee

SUMMARY OPINION

GRANTING PETITION FOR CERTIORARI

CHAPEL, JUDGE: Christopher Dwayne McGee was charged in the District Court of Stephens County, Case No. CF-2001-20, with Distribution of Controlled Substance, under 63 O.S. § 2-401(A) (Count I); Conspiracy to Distribute CDS, under 63 O.S. § 2-408 (Count II); Distribution of Controlled Substance, under 63 O.S. § 2-401(A) (Count III); and Conspiracy to Distribute CDS, under 63 O.S. § 2-408 (Count IV).1 A Supplemental Information charged McGee with three prior felony convictions. On November 21, 2001, McGee pled guilty to all four counts, before the Honorable George W. Lindley. On January 7, 2002, McGee was sentenced to imprisonment for thirty (30) years and a fine of $2,500 on each of the four counts, with the imprisonment terms to be served concurrently. He now files a petition for certiorari, seeking to withdraw his guilty plea.

2 McGee raises the following propositions of error in support of his petition:

I. Mr. McGee was denied his right to the effective assistance of counsel because trial counsel offered no reasonable ground in support of Petitioner’s motion to withdraw pleas of guilty.

II. Mr. McGee should be allowed to withdraw his guilty plea because it was not knowingly and voluntarily entered.

III. Mr. McGee’s conviction for both conspiracy to distribute a controlled dangerous substance and distribution of that same amount of controlled dangerous substance violated the statutory prohibition against double punishment.

The crux of McGee’s petition for certiorari is that he should be allowed to withdraw his guilty plea because he pled guilty after the State agreed to drop the second page, and the trial court agreed that there would be no enhancer in the case. Yet the Record clearly reveals that McGee’s ultimate conviction and sentence were based upon a finding that he had two or more prior felony convictions; and his sentence was enhanced accordingly. On May 29, 2003, the State filed a notice with this Court confessing error in this regard. The State admits that McGee’s guilty plea was based upon an agreement that the second page would be dropped, but that his ultimate sentence was enhanced based upon his prior convictions. The State suggests that the proper remedy is to remand the case to the district court, where McGee should be allowed to withdraw his guilty plea. This Court agrees.

2 A more complete procedural history of the case, as well as a description of the circumstances surrounding McGee’s plea, was outlined in this Court’s order of April 29, 2003, directing the State to file a response to McGee’s petition for certiorari. This history and background will not be repeated herein.

3

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Footnotes:

1. Okla. Stat. tit. 63 § 2-401(A)
2. Okla. Stat. tit. 63 § 2-408
3. Okla. Stat. tit. 63 § 2-401(A)
4. Okla. Stat. tit. 63 § 2-408

Oklahoma Statutes citations:

• Okla. Stat. tit. 63 § 2-401 (2011) - Distribution of Controlled Dangerous Substance
• Okla. Stat. tit. 63 § 2-408 (2011) - Conspiracy to Distribute Controlled Dangerous Substance

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:

No case citations found.