Michelle Emma Hill v State Of Oklahoma
C-2006-286
Filed: Dec. 7, 2006
Not for publication
Prevailing Party: Michelle Emma Hill
Summary
Michelle Emma Hill appealed her conviction for Incitement to Riot. Her conviction and sentence were two years of imprisonment and a $250.00 fine. Judge Lumpkin dissented.
Decision
The petition for Writ of Certiorari is GRANTED. This case is REMANDED to the district court with instructions to allow Hill to withdraw her plea and proceed to trial. 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.
Issues
- Was there an abuse of discretion by the district court when it denied Hill's motion to withdraw her plea?
- Did the court provide Hill with the opportunity to withdraw her plea after rejecting the original plea agreement?
Findings
- the court erred
- Hill should be allowed to withdraw her plea and proceed to trial
C-2006-286
Dec. 7, 2006
Michelle Emma Hill
Appellantv
State Of Oklahoma
Appellee
v
State Of Oklahoma
Appellee
SUMMARY OPINION
A. JOHNSON, J.: Michelle Emma Hill, Petitioner, entered a negotiated plea of nolo contendere to a charge of Incitement to Riot in violation of 21 O.S.1991, § 1320.2, in the District Court of Pottawatomie County, Case No. CF-2000-329. The plea agreement provided that Hill would undergo 120 days of community supervision, perform 100 hours of community service and, if successful, receive a three year deferred sentence. Hill failed to appear at her scheduled sentencing hearing and a bench warrant was issued for her arrest. Sentence was imposed five years later on February 1, 2006. The court sentenced Hill to two years imprisonment and a $250.00 fine, plus costs and fees. She filed a motion to withdraw her plea out of time and the district court granted her a hearing. At the hearing the district court denied her motion to withdraw plea and she appeals that ruling. She prays this Court issue a Writ of Certiorari and either modify her sentence to a three year deferred as provided in her original plea agreement or allow her to withdraw her plea altogether and proceed to trial.
In her sole proposition, Hill contends the district court abused its discretion when it denied her motion to withdraw plea. She argues the court was required to give her the opportunity to withdraw her plea once the court decided to reject the terms of her original plea agreement. See King v. State, 1976 OK CR 103, 2, 553 P.2d 529, 535-36; see also Gravitt v. State, 1983 OK CR 83, 2, 665 P.2d 831, 832. The State agrees that King is controlling and that it was error not to give Hill the opportunity to withdraw her plea once the trial court refused to honor the original plea agreement. We agree and find that Hill should be allowed to withdraw her plea and proceed to trial.
DECISION
The petition for Writ of Certiorari is GRANTED. This case is REMANDED to the district court with instructions to allow Hill to withdraw her plea and proceed to trial. 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.
Footnotes:
- 21 O.S.1991, § 1320.2
- King v. State, 1976 OK CR 103, 553 P.2d 529
- Gravitt v. State, 1983 OK CR 83, 665 P.2d 831
- Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2005)
Oklahoma Statutes citations:
- Okla. Stat. tit. 21 § 1320.2 - Incitement to Riot
- Okla. Stat. tit. 21 § 701.8 - Sentencing considerations for nonviolent crimes
- Okla. Stat. tit. 22 § 1 - General provisions
Oklahoma Administrative Rules citations:
No Oklahoma administrative rules found.
U.S. Code citations:
- 18 U.S.C. § 1951 - Interference with commerce by threats or violence
- 21 U.S.C. § 841 - Prohibited acts A
Other citations:
No other rule citations found.
Case citations:
- King v. State, 1976 OK CR 103, I 2, 553 P.2d 529, 535-36
- Gravitt v. State, 1983 OK CR 83, I 2, 665 P.2d 831, 832