Blog

CRIMINAL APREALS S STATE OKLAHOMA CAPPEALS IN THE COURT OF CRIMINAL APPEALS OF THE STATION OKLAHOMA MICHAELS RICHIE MICHAEL S.,RICHIE ALAN DANIELS, ) CLERK ) Petitioner, ) NOT FOR PUBLICATION ) V. ) Case No. C-2008-593 ) THE STATE OF OKLAHOMA, ) ) FILED Respondent. IN COURT OF CRIMINAL APPEALS ) STATE OF OKLAHUMA MAR – 2 2009 SUMMARY OPINION DENYING CERTIORARI MICHAEL S. RICHIE A. JOHNSON, VICE PRESIDING JUDGE: CLE RK On July 14, 2005, Petitioner Alan Daniels entered a guilty plea in the District Court of Delaware County, Case No. CF-2005-183, to Unlawful Cultivation of Marijuana in violation of 63 O.S.2001, § 2-509.1 The Honorable Alicia Littlefield accepted Daniels’s plea, deferred sentencing for five years, and ordered Daniels to serve ten days in jail and pay a $1,000 fine. On January 9, 2006, the State filed a Motion to Accelerate Deferred Sentence. On February 14, 2006, the District Court heard the State’s motion to accelerate and found that Daniels had violated the terms and conditions of his deferral. The district court sustained the State’s motion and sentenced Daniels to life imprisonment. Over the next two years, Daniels sought to withdraw his plea and appeal the validity of the acceleration order.² Daniels’s motion to withdraw his plea was 1 Under the terms of the plea agreement, Count 2 – Possession of a Firearm While Committing State. a Felony and Count 3 – Unlawful Possession of Drug Paraphernalia were dismissed by the 2 Daniels obtained two separate appeals out of time, eventually culminating in the perfection of the instant appeal. See Daniels v. State, Case No. PC-2006-404 and Case No. PC-2008-395. finally heard on June 12, 2008. The district court upheld the validity of Daniels’s plea and denied his motion. Daniels appeals the district court’s order and asks this Court to issue a Writ of Certiorari allowing him to withdraw his plea and proceed to trial. In the alternative, Daniels asks that his case be remanded with instructions to vacate and/or favorably modify the sentence imposed. This case raises the following issues: (1) whether the evidence was sufficient to prove that Daniels committed the alleged violations of his probation; (2) whether Daniels’s plea was knowingly and intelligently entered; and (3) whether Daniels’s sentence is excessive and should be modified. We deny certiorari and affirm the Judgment of the district court. We find, however, that Daniels’s sentence must be modified for the reasons discussed below. 1. The district court did not abuse its discretion in finding the evidence sufficient to prove that Daniels’s conduct violated the protective order against him and that he violated the terms of his probation by violating the protective order and flunking his drug test. See Lewis v. State, 2001 OK CR 6, II 7, 21 P.3d 64, 65. 2. The district court did not abuse its discretion in finding that Daniels’s plea was knowingly and voluntarily entered. See Cox v. State, 2006 OK CR 51, T 18, 152 P.3d 244, 251. 2 3. “A sentence within the statutory range will be affirmed unless, considering all the facts and circumstances, it shocks the conscience of this Court.” Head v. State, 2006 OK CR 44, I 27, 146 P.3d 1141, 1148. Daniels was accelerated to the maximum sentence (life imprisonment) after originally receiving a five-year deferred sentence for growing a 1.5 inch marijuana plant. The record is sufficient to prove that he violated the terms and conditions of his deferral. The sentence imposed, however, is far too severe in light of the circumstances of this case. Daniels’s life sentence shocks our conscience and must be modified to five years imprisonment. DECISION The Petition for a Writ of Certiorari is DENIED. The Judgment of the district court is AFFIRMED. The matter is remanded to the district court with instructions to MODIFY Daniels’s sentence to five years imprisonment. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2009), the MANDATE is ORDERED issued upon the delivery and filing of this decision. AN APPEAL FROM THE DISTRICT COURT OF DELWARE COUNTY THE HONORABLE ALICIA LITTLEFIELD, SPECIAL JUDGE APPEARANCES IN DISTRICT COURT APPEARANCES ON APPEAL KENNY WRIGHT TASHA A. STEWARD P.O. BOX 960 P.O. BOX 926 JAY, OKLAHOMA 74346-0960 NORMAN, OK 73070 ATTORNEY FOR DEFENDANT ATTORNEY FOR PETITIONER 3 TERRELL CROSSON W. A. DREW EDMONDSON ASSISTANT DISTRICT ATTORNEY OKLAHOMA ATTORNEY GENERAL P.O. BOX 528 JAY SCHNIEDERJAN JAY, OK 74346-0528 ASSISTANT ATTORNEY GENERAL ATTORNEYS FOR STATE 313 N.E. 21 ST STREET OKLAHOMA CITY, OK 73105 ATTORNEYS FOR APPELLEE OPINION BY: A. JOHNSON, V.P.J. C. JOHNSON, P.J.: Concur in Part, Dissent in Part LUMPKIN, J.: Concur CHAPEL, J.: Concur LEWIS, J.: Concur RB 4

Click Here To Download PDF