Olindia Toann Vaughn v The State Of Oklahoma
C-2009-17
Filed: Oct. 27, 2009
Not for Publication
Prevailing Party: Olindia Toann Vaughn
Summary
Olindia Toann Vaughn appealed her conviction for Attempted Robbery With a Weapon. Conviction and sentence were set for fifteen years in prison. Judge Tom C. Gillert had denied Vaughn's request to take back her guilty plea. Vaughn later filed an appeal, and the Court found that her lawyer did not help her properly when she tried to withdraw her plea. Because of this, the Court decided that Vaughn could withdraw her guilty plea and sent the case back for a new hearing. Judges Johnson, A. Johnson, Lumpkin, and Lewis agreed with this decision.
Decision
The Petition for Writ of Certiorari is GRANTED and the case is REMANDED to the District Court of Tulsa County to allow Vaughn to withdraw her plea and for further proceedings. 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.
Issues
- was there ineffective assistance of counsel in the plea withdrawal hearing regarding counsel's failure to communicate with Vaughn about her claims?
- did withdrawal counsel fail to investigate Vaughn's claims of confusion and mental illness?
- was withdrawal counsel ineffective for not adequately questioning Vaughn about her illness and medication effects during the Motion to Withdraw Hearing?
- did withdrawal counsel fail to introduce evidence regarding the effects of Vaughn's mental health and medication on her ability to enter a knowing and intelligent plea?
Findings
- The court erred in denying Vaughn's pro se Motion to Withdraw a Plea of Guilty.
- The evidence was sufficient to demonstrate that withdrawal counsel Greer was ineffective.
- Vaughn was denied the effective assistance of counsel to which she was entitled at the plea withdrawal hearing.
- The Petition for Writ of Certiorari is granted and the case is remanded to allow Vaughn to withdraw her plea and for further proceedings.
C-2009-17
Oct. 27, 2009
Olindia Toann Vaughn
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION GRANTING CERTIORARI
CHAPEL, JUDGE:
Olindia Toann Vaughn entered a plea of guilty to one count of Attempted Robbery With a Weapon, in violation of 21 O.S.2001, § 801, in the District Court of Tulsa County, Case No. CF-2008-4294. Under the terms of a negotiated plea agreement, the Honorable Tom C. Gillert sentenced Vaughn to fifteen (15) years imprisonment, to run concurrently with her other sentence in Tulsa County Case No. CF-2008-3770. Vaughn’s pro se Motion to Withdraw a Plea of Guilty was denied by Judge Gillert after a hearing on December 23, 2008. Vaughn timely filed for a Writ of Certiorari.
In connection with her Petition for Certiorari, Vaughn filed a Request to Supplement the Existing Appeal Record and Application for Evidentiary Hearing on Sixth Amendment Claim. On July 30, 2009, this Court granted the Motion to Supplement and directed that an Evidentiary Hearing be held addressing four specific questions concerning the ineffective assistance of plea withdrawal counsel, Chad Greer.
An Evidentiary Hearing was held on August 31, 2009. Therein, the State stipulated that if evidence was presented at a full hearing the trial court would find in favor of Petitioner on all four questions. Considering this stipulation as well as the evidence introduced in the supplemented record, the trial court made four findings of fact:
1. That withdrawal counsel Greer was ineffective for failing to visit with Petitioner Vaughn about her claims, including about the ineffectiveness of trial counsel, Clark, prior to the Motion to Withdraw Hearing.
2. That withdrawal counsel Greer was ineffective for failing to investigate Petitioner Vaughn’s claims of confusion and mental illness.
3. That withdrawal counsel Greer was ineffective for failing to adequately question Vaughn at the Motion to Withdraw Hearing on her illness or the effects of her medications.
4. That withdrawal counsel Greer was ineffective for failing to introduce evidence of the effects of Petitioner Vaughn’s poor mental health and fluctuating medications on her ability to enter a knowing and intelligent plea.
Based upon the aforesaid findings, the trial court concluded that Petitioner Vaughn was denied the effective assistance of counsel to which she was entitled at the plea withdrawal hearing, and further that she should be allowed to withdraw her plea of guilty.
This Court has held that a hearing on a motion to withdraw a guilty plea is a critical stage of a criminal prosecution. Petitioner was entitled to effective assistance of counsel at that hearing. Based upon this Court’s review of the supplemented record and the recommendations of the court below, the Petition for Writ of Certiorari is granted and the case is remanded to the District Court of Tulsa County for a hearing to allow Vaughn to withdraw her plea and for further proceedings.
DECISION
The Petition for Writ of Certiorari is GRANTED and the case is REMANDED to the District Court of Tulsa County to allow Vaughn to withdraw her plea and for further proceedings. 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.
Footnotes:
- 21 O.S.2001, § 801
- Okla. Stat. tit. 22, § 18
- Randall v. State, 1993 OK CR 47, I 10, 861 P.2d 314, 316.
Oklahoma Statutes citations:
- Okla. Stat. tit. 21 § 801 - Attempted Robbery With a Weapon
- Okla. Stat. tit. 22 § 3.15 - Rules of the Oklahoma Court of Criminal Appeals
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:
- Randall v. State, 1993 OK CR 47, I 10, 861 P.2d 314, 316.