Roscoe Dansby v The State of Oklahoma

C 2005-628

Filed: Mar. 15, 2006

Not for publication

Prevailing Party: Roscoe Dansby

Summary

Roscoe Dansby appealed his conviction for First Degree Manslaughter and Obtaining Money by Means of a False Check. Conviction and sentence were thirteen years for Manslaughter and five years for the false check, to be served at the same time. Judge Susan W. Bragg originally denied his request to withdraw his guilty pleas. However, the court agreed that Dansby did not have effective help from his lawyer during the hearing because the lawyer had a conflict of interest. The opinion grants Dansby’s petition and sends the case back for a new hearing with a different attorney. No judges dissented.

Decision

The Petition for a Writ of Certiorari is GRANTED and this matter is REMANDED TO THE DISTRICT COURT for a new hearing on Petitioner's Motion to Withdraw Guilty Pleas with instructions to the District Court to appoint conflict-free counsel. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2006), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

Issues

• was there effective assistance of counsel during the hearing on the motion to withdraw guilty pleas?
• did the petitioner suffer from a conflict of interest impacting his right to counsel during a critical stage of the proceedings?
• was the petitioner entitled to a new hearing on his motion to withdraw guilty pleas?

Findings

• The court granted the Petition for a Writ of Certiorari.
• The matter was remanded to the district court for a new hearing on Petitioner's Motion to Withdraw Guilty Pleas.
• The district court was instructed to appoint conflict-free counsel for the hearing.
• Petitioner was deprived of effective assistance of counsel at a critical stage of the proceeding.

C 2005-628

Mar. 15, 2006

Roscoe Dansby

Appellant

v

The State of Oklahoma

Appellee

SUMMARY OPINION

GRANTING PETITION FOR WRIT OF CERTIORARI

C. JOHNSON, JUDGE: Petitioner, Roscoe Dansby, pled guilty to First Degree Manslaughter, in violation of 21 O.S.2001, § 711, in Oklahoma County District Court Case No. CF 2003-601, and to Obtaining Money by Means of a False Check, in violation of 21 O.S.2001, § 1541.1, in Oklahoma County District Court Case No. CF 2003-625. Petitioner was represented by counsel. The Honorable Susan W. Bragg, District Judge, accepted Petitioner’s pleas of guilty.

On June 1, 2005, Judge Bragg sentenced Petitioner to thirteen (13) years imprisonment for First Degree Manslaughter and to five (5) years imprisonment for Obtaining Money by Means of a False Check. Judge Bragg ordered Petitioner to serve the sentences concurrently. On June 9, 2005, Petitioner filed a pro se motion to withdraw his guilty pleas. A hearing was held on June 20, 2005, before Judge Bragg, and the motion to withdraw guilty pleas was denied. Thereafter, Petitioner filed this Petition for a Writ of Certiorari.

In his sole proposition of error, Petitioner claims that he was deprived of effective assistance of counsel at the hearing on his motion to withdraw guilty pleas. After thorough review of the record before us, including the original record, transcripts, Petitioner’s Brief and a Response filed on behalf of the State of Oklahoma, we hereby grant the Petition for a Writ of Certiorari insofar as we remand this matter to the district court for a proper hearing on the motion to withdraw guilty plea.

Dansby was deprived of the effective assistance of counsel at a critical stage of the proceeding, because his counsel had a conflict of interest in representing Dansby at the hearing on the motion to withdraw guilty plea. Carey v. State, 1995 OK CR 55, ¶ 10, 902 P.2d 1116, 1118 (attorney has actual conflict of interest where petitioner alleges ineffective assistance of counsel as a basis for motion to withdraw plea); Randall v. State, 1993 OK CR 47, ¶ 6, 861 P.2d 314, 315 (hearing on motion to withdraw plea is a critical stage invoking a defendant’s Sixth Amendment right to counsel).

DECISION

The Petition for a Writ of Certiorari is GRANTED and this matter is REMANDED TO THE DISTRICT COURT for a new hearing on Petitioner’s Motion to Withdraw Guilty Pleas with instructions to the District Court to appoint conflict-free counsel. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2006), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

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Footnotes:

1. 21 O.S.2001, § 711
2. 21 O.S.2001, § 1541.1
3. Carey v. State, 1995 OK CR 55, ¶ 10, 902 P.2d 1116, 1118
4. Randall v. State, 1993 OK CR 47, ¶ 6, 861 P.2d 314, 315
5. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2006)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 711 (2001) - First Degree Manslaughter
• Okla. Stat. tit. 21 § 1541.1 (2001) - Obtaining Money by Means of a False Check
• Okla. Stat. tit. 22 § 3.15 (2006) - Rules of the Oklahoma Court of Criminal Appeals
• Okla. Stat. tit. 21 § 701.8 (2011) - Ineffective Assistance of Counsel

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, 1995 OK CR 55, I 10, 902 P.2d 1116, 1118
• Randall v. State, 1993 OK CR 47, I 6, 861 P.2d 314, 315