Clifford Feaster v The State Of Oklahoma

C-2003-356

Filed: Mar. 23, 2003

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Clifford Feaster appealed his conviction for robbery and other charges. His conviction and sentence were three consecutive forty-five (45) year prison terms. Judge Lile dissented. In 1998, Feaster admitted to several crimes, including robbery and assault, and was given a long prison sentence. He later wanted to take back his guilty plea, but the court said no. Feaster forgot to appeal in time but eventually got permission to do so in 2003. He claimed that his lawyer didn’t help him properly and that the court didn’t follow the rules. After looking closely at all the information, the court decided that Feaster's lawyer didn’t give him good support because of a conflict of interest. So, they said Feaster should be allowed to have a proper hearing to try and withdraw his guilty plea. Judge Lile disagreed, saying it was too late for Feaster to change his plea and that the court should not have allowed the late appeal.

Decision

Petitioner's Writ of Certiorari is GRANTED and cause REMANDED for a proper hearing on the Application to Withdraw Guilty Pleas.

Issues

• Was there a failure to provide a factual basis for Mr. Feaster's guilty pleas requiring withdrawal?
• Did Mr. Feaster receive ineffective assistance of counsel at the motion to withdraw his guilty pleas?
• Should the Judgment and Sentence in F-98-491 be modified to accurately reflect the imposed judgment?

Findings

• Feaster was denied the effective assistance of counsel due to an attorney-created conflict of interest.
• The trial court's failure to provide a factual basis requires that Feaster be allowed to withdraw his guilty pleas.
• The Judgment and Sentence in F-98-491 should be modified to accurately state the judgment imposed.
• Petitioner's Writ of Certiorari is GRANTED and cause REMANDED for a proper hearing on the Application to Withdraw Guilty Pleas.

C-2003-356

Mar. 23, 2003

Clifford Feaster

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

CHAPEL, JUDGE: On September 18, 1998, Feaster pled guilty in Pittsburgh County District Court Case Nos. F-98-491, F-98-505, F-98-506 and F-98-507 to three Counts of Robbery by Fear, Attempted Robbery, Assault and Battery with a Dangerous Weapon, and Running a Roadblock, After Former Conviction of Two or More Felonies. The Honorable James D. Bland sentenced Feaster to three consecutive forty-five (45) year prison terms on October 23, 1998. Feaster filed a motion to withdraw his plea on November 4, 1998. The district court overruled his motion. Feaster failed to timely appeal but was granted an appeal out of time on March 23, 2003. Feaster raises the following propositions of error:

I. The trial court’s failure to provide a factual basis requires that Mr. Feaster be allowed to withdraw his guilty pleas.
II. Mr. Feaster was denied effective assistance of counsel at the motion to withdraw guilty pleas.
III. The Judgment and Sentence in F-98-491 should be modified to accurately state the judgment imposed.

After thorough consideration of the entire appellate record, including the original record, transcripts, briefs and exhibits of the parties, we find that reversal is required because Feaster was denied the effective assistance of counsel. Specifically, we find in Proposition II that Feaster was denied the effective assistance of counsel due to an attorney-created conflict of interest.¹ Decision Petitioner’s Writ of Certiorari is GRANTED and cause REMANDED for a proper hearing on the Application to Withdraw Guilty Pleas.

ATTORNEYS AT TRIAL
JIM BOB MILLER
118 EAST CARL ALBERT PARKWAY
P.O. BOX 926
MCALESTER, OKLAHOMA 74501

ATTORNEYS ON APPEAL
THOMAS PURCELL
NORMAN, OKLAHOMA 73070
ATTORNEY FOR PETITIONER

ELLEN QUINTON
W.A. DREW EDMONDSON
ASSISTANT DISTRICT ATTORNEY
ATTORNEY GENERAL OF OKLAHOMA
PITTSBURG COUNTY COURTHOUSE
115 EAST CARL ALBERT PARKWAY
MCALESTER, OKLAHOMA 74501

PATRICK T. CRAWLEY
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL BUILDING
OKLAHOMA CITY, OKLAHOMA 73105
ATTORNEYS FOR RESPONDENT

OPINION BY: CHAPEL, J.
JOHNSON, P.J.: CONCUR
LILE, V.P.J.: DISSENT
LUMPKIN, J.: DISSENT
STRUBHAR, J.: CONCUR IN RESULTS

¹ Carey v. State, 902 P.2d 1116, 1117 (Okl.Cr.1995)(conflict of interest found where petitioner alleged trial attorney coerced plea). Here, Feaster’s attorney refused to be an advocate for Feaster at his hearing to withdraw his guilty plea. He believed that such advocacy would be inconsistent with his prior affirmation: that he had reviewed the plea form with Feaster and signed it on the belief that Feaster understood the nature and consequences of his plea. Trial counsel thus faced a choice between his role as advocate and candor. His selection of the latter value effectively left Feaster to his own devices – a clear violation of the right to counsel.

LILE, VICE-PRESIDING JUDGE: DISSENT
I would deny the Petition. The Motion to Withdraw Plea of Guilty was filed too late under Rule 4.2, Rules of the Oklahoma Court of Criminal Appeals. The trial court is without authority to waive our rules. Title 22, O.S. §1051; Lyons v. State, 1912- OK CR 19, 120 P. 665; Bulloch v. State, 1976 OK CR 51, 546 P.2d 1031. As a result, the district court lost jurisdiction and was without authority to act on the out of time application to withdraw plea. The appeal should be dismissed. I am authorized to state that Judge Lumpkin joins in this special vote.

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Footnotes:

1. ¹ Carey v. State, 902 P.2d 1116, 1117 (Okl.Cr.1995)(conflict of interest found where petitioner alleged trial attorney coerced plea).
2. Title 22, O.S. § 1051;
3. Lyons v. State, 1912- OK CR 19, 120 P. 665;
4. Bulloch v. State, 1976 OK CR 51, 546 P.2d 1031.

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 1051 - Motion to withdraw plea
• Okla. Stat. tit. 47 § 11-801 - Traffic accident reporting
• Okla. Stat. tit. 21 § 701.8 - Sentences for crime

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, 902 P.2d 1116, 1117 (Okl.Cr.1995)
• Lyons v. State, 1912- OK CR 19, 120 P. 665
• Bulloch v. State, 1976 OK CR 51, 546 P.2d 1031