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IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF OKLAHOMA SENO MCKINLEY SPEED, ) ) Petitioner, ) NOT FOR PUBLICATION ) V. ) No. C-2004-598 ) STATE OF OKLAHOMA, ) ) FILED IN Respondent. ) STATE OF OK! OMA APPEALS AUG 1 2 2005 SUMMARY OPINION MICHAEL S. RICHIE CLERK A. JOHNSON, J.: Seno McKinley Speed, Petitioner, entered a guilty plea in the District Court of Comanche County in Case Nos. CF-2003-405 – Possession of a Controlled Substance, CM-2003-1195 – Eluding a police officer, CM-2003- 1196 – Resisting an Officer, TR-2003-2799 – Driving Under Suspension, TR-2003-2800 – Reckless Driving, TR-2003-3714 – Driving Under Suspension; and TR-2003-3715 – Failure to Display Lighted Lamps. The Honorable Keith B. Aycock accepted Speed’s plea and sentenced him as follows: CASE NO: SENTENCE: CF-2003-405 Three (3) YEARS IMPRISONMENT PLUS FINES AND COSTS TOTALING $1595.00. CM-2003-1195 One (1) YEAR IMPRISONMENT PLUS $1,000 FINE. 1 CM-2003-1196 One (1) YEAR IMPRISONMENT PLUS $1,000 FINE. TR-2003-2799 Thirty (30) DAYS IMPRISONMENT PLUS $500 FINE. TR-2003-2800 One (1) YEAR IMPRISONMENT PLUS $500 FINE. TR-2003-3714 One (1) YEAR IMPRISONMENT PLUS $500.00 FINE. TR-2003-3715 $25.00 FINE The district court ordered all of the sentences to be served concurrently. Speed now appeals the district court’s order denying his motion to withdraw his guilty pleas and asks this court to issue a Writ of Certiorari and allow him to withdraw his pleas of guilty to the misdemeanor cases and proceed to trial. 1 Speed raises three propositions of error in support of his petition for writ of certiorari: I. The trial court erred in not allowing Petitioner to withdraw his pleas of guilty to the misdemeanor charges because there was no factual basis to support those convictions; II. Petitioner should be allowed to withdraw his pleas of guilty in the misdemeanor cases because they were entered without deliberation as a result of ignorance, inadvertence, confusion, and misunderstanding; and 1 Speed does not appeal his felony conviction in CF-2003-405. 2 III. Petitioner’s sentence for resisting an officer must be modified because it exceeds the statutory maximum In Proposition I, Speed argues that he should be allowed to withdraw his guilty pleas to his misdemeanor charges because they were not supported by a factual basis. This Court has held that every plea must be supported by a factual basis. See Hagar U. State, 1999 OK CR 35, I 4, 990 P.2d 894, 896-897. The State confesses error and agrees there is no factual basis to support Speed’s misdemeanor pleas in this record. The parties agree that Speed should be permitted to withdraw his pleas of guilty to the misdemeanor counts. Based on this record, we grant Speed’s petition for a writ of certiorari, remand this matter to the District Court and direct the District Court to allow Speed to withdraw his guilty pleas in CM-2003-1195, CM-2003-1196, TR-2003-2799, TR- 2003-2800, TR-2003-3714 and TR-2003-3715 and proceed to trial. DECISION The petition for Writ of Certiorari is GRANTED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2005), the MANDATE is ORDERED issued upon the delivery and filing of this decision. 2 The relief ordered for Proposition I renders the other propositions moot and we do not consider them. 3 AN APPEAL FROM THE DISTRICT COURT OF COMANCHE COUNTY THE HONORABLE KEITH B. AYCOCK, DISTRICT JUDGE APPEARANCES IN THE APPEARANCES ON APPEAL DISTRICT COURT DON J. GUTTERIDGE BILLY J. BAZE ATTORNEY AT LAW APPELLATE DEFENSE COUNSEL 5900 MOSTELLER DRIVE P.O. BOX 926 SUITE 1100 NORMAN, OK 73070 OKLAHOMA CITY, OK 73112 ATTORNEY FOR SPEED ATTORNEY FOR SPEED ROY M CALVERT W.A. DREW EDMONDSON ASSISTANT DISTRICT ATTORNEY ATTORNEY GENERAL COMANCHE CO. COURTHOUSE OF OKLAHOMA 300 SOUTHWEST 5TH STREET JENNIFER B. MILLER LAWTON, OK 73501 ASST. ATTORNEY GENERAL ATTORNEY FOR THE STATE 112 STATE CAPITOL BLDG. OKLAHOMA CITY, OK 73105 OPINION BY: A. JOHNSON, J. CHAPEL, P.J.: Concur LUMPKIN, V.P.J.: Concur C. JOHNSON, J.: Concur RB 4

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