Todd Wayne McFarland v The State Of Oklahoma

C-2003-848

Filed: Mar. 25, 2004

Not for publication

Prevailing Party: Todd Wayne McFarland

Summary

Todd Wayne McFarland appealed his conviction for Sexual Battery and Rape by Instrumentation. His conviction and sentence were for five years on the Sexual Battery charge and twenty years on the Rape charge, with only the first ten years to be served. McFarland disagreed with his plea deal. He argued that his lawyer incorrectly told him he could get a deferred sentence, which he thought was true when he made his plea. The court found that McFarland did not get the right help from his lawyer because of this mistake. So, they let him withdraw his plea, allowing him another chance. Judges Johnson and Lile disagreed with the decision.

Decision

Petitioner's Writ of Certiorari is GRANTED and cause REMANDED to allow Mr. McFarland to Withdraw his Plea.

Issues

• was there a due process violation regarding the voluntariness of McFarland's plea due to incorrect advice about sentencing options?
• did the defendant receive ineffective assistance of counsel resulting from misadvice regarding eligibility for a deferred sentence?
• did the trial court establish an adequate factual basis for the plea?

Findings

• the court erred
• the court erred
• the court erred

C-2003-848

Mar. 25, 2004

Todd Wayne McFarland

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

CHAPEL, JUDGE:

Todd McFarland pled no contest to Count I: Sexual Battery in violation of 21 O.S.2001, § 1123 and Count II: Rape by Instrumentation in violation of 21 O.S.2001, § 1111 in Creek County District Court, Case No. CF-2001-552. After a hearing on March 24, 2003, the Honorable April Sellers White sentenced McFarland to five (5) years’ imprisonment on Count I and twenty (20) years’ imprisonment with all but the first ten (10) years’ imprisonment suspended to be served concurrently. McFarland timely filed an Application to Withdraw his Plea on March 28, 2003, which was denied after a July 17, 2003 hearing. McFarland timely appealed to this Court on July 28, 2003.

McFarland raises the following propositions of error:

I. The trial court wrongly advised the defendant that a deferred sentence was one of the sentencing options if he entered a blind plea believing a deferred sentence was an option. The plea was therefore not knowing and voluntary as required by the Due Process Clause of the United States Constitution, and the defendant should be allowed to withdraw his plea.

II. The defendant was denied effective assistance of counsel when his attorney advised him a deferred sentence was available, when it was not, and he entered a blind plea relying on this advice.

III. The trial court failed to establish an adequate, factual basis for the plea.

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 McFarland was denied the effective assistance of counsel. Specifically, we find in Proposition II that McFarland was denied the effective assistance of counsel when his attorneys induced him to plead no contest based upon an easily discernible and incorrect legal opinion.

Decision

Petitioner’s Writ of Certiorari is GRANTED and cause REMANDED to allow Mr. McFarland to Withdraw his Plea.

ATTORNEYS AT TRIAL

W. CREEKMORE WALLACE
20 N. ELM
SAPULPA, OKLAHOMA 74066
ATTORNEY FOR DEFENDANT

GAIL L. WETTSTEIN
3035 NW 63 RD STREET
SUITE 230 N
OKLAHOMA CITY, OKLAHOMA 73116
ATTORNEY FOR PETITIONER

ATTORNEYS ON APPEAL

CAROL ISKI
ASSISTANT DISTRICT ATTORNEY
W.A. DREW EDMONDSON
CREEK COUNTY COURTHOUSE
222 EAST DEWEY
SAPULPA, OKLAHOMA 74501
ATTORNEY GENERAL OF OKLAHOMA

PRESTON SAUL DRAPER
ASSISTANT ATTORNEY GENERAL
112 STATE CAPITOL BUILDING
OKLAHOMA CITY, OKLAHOMA 73105
ATTORNEY FOR THE STATE

1 Moore v. Bryant, 348 F.3d 238 (7th Cir. 2003) (finding that an Illinois Appellate court acted unreasonably in rejecting an ineffective assistance of counsel claim where trial counsel induced defendant to plead guilty based upon misinformation regarding his sentence). McFarland pled no contest based upon his attorney’s mistaken opinion that he was eligible to receive a deferred sentence. The record indicates that McFarland would not have entered the no contest plea had he known he was ineligible for a deferred sentence.

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

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Footnotes:

1. Okla. Stat. tit. 21 § 1123
2. Okla. Stat. tit. 21 § 1111
3. Moore v. Bryant, 348 F.3d 238 (7th Cir. 2003)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 1123 (2001) - Sexual Battery
• Okla. Stat. tit. 21 § 1111 (2001) - Rape by Instrumentation

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:

• Moore v. Bryant, 348 F.3d 238 (7th Cir. 2003)