Clifford Lyle Littleraven v The State Of Oklahoma

C 2014-693

Filed: Jul. 9, 2015

Not for publication

Prevailing Party: Clifford Lyle Littleraven

Summary

Clifford Lyle Littleraven appealed his conviction for child neglect. His conviction and sentence were for 30 years in prison. The court agreed that Littleraven was misled by his attorney about the punishment he faced, making his plea not fully understanding. They decided he should be allowed to withdraw his plea. Judge Smith and Judge Hudson agreed with this decision, while other judges also supported the outcome.

Decision

Littleraven's petition for a writ of certiorari is GRANTED. The judgment and sentence of the District Court is VACATED. The case is REMANDED with instructions allowing Littleraven to withdraw his no contest plea in this case and allowing the district court to resume proceedings consistent with this Opinion. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2015), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

Issues

• Was the petitioner's plea knowingly and voluntarily entered given the inaccurate and misleading advice provided by defense counsel?
• Was the 30-year sentence for child neglect excessively harsh under the circumstances of the case?

Findings

• the court erred in denying the motion to withdraw plea
• the sentence was not addressed due to the resolution of the first proposition

C 2014-693

Jul. 9, 2015

Clifford Lyle Littleraven

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

GRANTING CERTIORARI

MICHAEL S. RICHIE LEWIS, JUDGE:

Petitioner, Clifford Lyle Littleraven, entered a no contest plea to the crime of child neglect in violation of 21 O.S.2011, § 843.5(C), after former conviction of two or more felonies, in Grady County District Court case number CF-2013-149 before the Honorable Richard G. Van Dyck, District Judge. Judge Van Dyck accepted the plea on January 24, 2014, and ordered a presentence investigation. At the sentencing hearing, the trial court sentenced Littleraven to thirty (30) years imprisonment.

Thereafter, Littleraven sent a letter to the district court indicating a desire to withdraw his plea. He alleged that he had been given bad advice by his attorney and was coerced and misled to enter my current plea, therefore due to incompetent counsel I wish to withdraw my current plea.^1 Child neglect is a crime for which a person must serve 85% of a sentence before becoming eligible for parole. 21 O.S.2011, § 13.1(14) (any crime committed against a child provided for in 21 O.S. § 843.5). The trial court accepted the letter as an application to withdraw plea and set a hearing date. A hearing was held; both Littleraven and his plea counsel testified during the hearing. Subsequently, the trial court denied Littleraven’s motion to withdraw plea.

Littleraven has perfected this appeal and raises the following propositions of error:

1. Because the record shows defense counsel gave Petitioner inaccurate and misleading advice, Petitioner’s plea cannot be characterized as knowingly and voluntarily entered.
2. Under the facts and circumstances of the case, a 30-year sentence for child neglect is shockingly excessive.^2

After thorough consideration of the entire record before us on appeal including the original record, transcripts, briefs and exhibits of the parties, we find that the issues raised in proposition one have merit requiring this Court to grant the petition for certiorari, vacate the judgment and sentence, and remand with direction that Littleraven be permitted to withdraw his plea. The State in its response brief has conceded that Littleraven was given inaccurate information regarding the range of punishment to which he was facing upon his no contest plea to child neglect, after former conviction of two or more felony offenses.

In order to satisfy the requirements of a voluntary plea, a defendant must understand the range of punishment, including any mandatory minimum sentence required to be served, for the crime to which he is entering his plea, as well as prior convictions which enhance the sentence. Verduzco v. State, 2009 OK CR 24, ¶ 5, 217 P.3d 625. We find that Littleraven was, in fact, misled regarding the minimum sentence he could receive upon his plea, thus his plea was not knowing and voluntary. The failure to understand the proper range of punishment indicates that Littleraven did not understand the nature and consequences of his plea. This understanding is a basic tenet of a knowing and voluntary plea under King v. State, 1976 OK CR 103, 553 P.2d 529. Littleraven must be allowed to withdraw his plea, because it was not entered with a proper understanding of the range of punishment.

DECISION

Littleraven’s petition for a writ of certiorari is GRANTED. The judgment and sentence of the District Court is VACATED. The case is REMANDED with instructions allowing Littleraven to withdraw his no contest plea in this case and allowing the district court to resume proceedings consistent with this Opinion. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2015), the MANDATE is ORDERED issued upon the delivery and filing of this decision.^3

For a first time offender, the child neglect statute provides for punishment not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. 21 O.S.2011, § 843.5(C). For a defendant with two or more felony convictions, 21 O.S.2011, § 51.1, provides that the range of punishment is four (4) years to life imprisonment. As child neglect is not enumerated in 57 O.S.2011, § 571, the minimum punishment of twenty (20) years is inapplicable.

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Footnotes:

1. 1 Child neglect is a crime for which a person must serve 85% of a sentence before becoming eligible for parole. 21 O.S.2011, § 13.1(14) (any crime committed against a child provided for in 21 O.S. § 843.5)
2. 2 Under the facts and circumstances of the case, a 30-year sentence for child neglect is shockingly excessive.
3. 3 For a first time offender, the child neglect statute provides for punishment "not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment." 21 O.S.2011, § 843.5(C). For a defendant with two or more felony convictions, 21 O.S.2011, § 51.1, provides that the range of punishment is four (4) years to life imprisonment. As child neglect is not enumerated in 57 O.S.2011, § 571, the minimum punishment of twenty (20) years is inapplicable.

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 843.5(C) (2011) - Child neglect
• Okla. Stat. tit. 21 § 13.1(14) (2011) - Crimes against a child
• Okla. Stat. tit. 21 § 51.1 (2011) - Range of punishment for repeat offenders
• Okla. Stat. tit. 57 § 571 (2011) - Minimum punishment for certain offenses

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:

• Verduzco v. State, 2009 OK CR 24, ¶ 5, 217 P.3d 625
• King v. State, 1976 OK CR 103, 553 P.2d 529