Steven Casey Jones v The State Of Oklahoma
C-2015-1057
Filed: Oct. 12, 2016
Not for publication
Prevailing Party: Steven Casey Jones
Summary
Steven Casey Jones appealed his conviction for robbery with a dangerous weapon. His conviction and sentence were fifteen years in prison along with a $600 fine. Judge Douglas E. Drummond originally sentenced him, and Jones must serve 85% of his prison time before he can ask for parole. Justice Smith wrote the opinion, and no one dissented. Jones argued that he did not fully understand the punishment he was facing because his lawyer gave him the wrong information about the possible prison time. The court agreed that this mistake was serious enough to let Jones take back his guilty plea. Therefore, the court decided that Jones could withdraw his plea and sent the case back to the District Court for further action.
Decision
The Petition for Certiorari is GRANTED, and the case REMANDED to the District Court to allow Jones to withdraw his plea. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.: 18, App. (2016), the MANDATE is ORDERED issued upon the delivery and filing of this decision.
Issues
- was there a knowing and voluntary plea given the misadvised punishment range?
- should Mr. Jones be allowed to withdraw his guilty plea due to the State's failure to fulfill its promise?
- was Mr. Jones denied his constitutional right to effective assistance of counsel?
Findings
- the court erred
- Propositions II and III are moot
C-2015-1057
Oct. 12, 2016
Steven Casey Jones
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
GRANTING CERTIORARI
SMITH, PRESIDING JUDGE: Steven Casey Jones pled guilty to Count I, Robbery with a Dangerous Weapon in violation of 21 O.S.2011, § 801, in the District Court of Tulsa County, Case No. CF-2015-4012. In accordance with a negotiated agreement the Honorable Douglas E. Drummond sentenced Jones to fifteen (15) years imprisonment and a fine of $600. Jones must serve 85% of his sentence before becoming eligible for parole consideration. Jones’ timely Motion to Withdraw Plea of Guilty was denied after a hearing on November 23, 2015. Jones filed this Petition for Writ of Certiorari. At this Court’s request, the State filed a response brief on September 27, 2016.
Jones raises three propositions of error in support of his petition:
I. This plea was not knowing and voluntary because Mr. Jones was misadvised regarding the applicable punishment range with and without enhancement under 21 O.S.2011, § 51.1.
II. In the alternative, Mr. Jones should be allowed to withdraw his guilty plea, because the State failed to fulfill its promise to strike the second page and the plea was entered due to false impressions, misapprehension and frustration.
III. Mr. Jones was denied his constitutional right to the effective assistance of counsel in considering whether to accept the State’s offer, entry of the plea and identifying and presenting valid grounds that justified withdrawal.
After thorough consideration of the entire record before us, including the original record, transcripts, exhibits and briefs, we find that the petition must be granted and the case remanded. Jones claims that his attorney initially informed him of the incorrect range of punishment, and that this mistake caused him to enter his guilty plea. The State concedes this issue. Jones’ attorney mistakenly told him the minimum range of punishment was twenty years. Jones relied on this misstatement of law in deciding to agree to plea to a negotiated sentence of fifteen years – itself several years over the actual minimum sentence. This misstatement of law, combined with Jones’ reliance on it, requires reversal. Hunter v. State, 1992 OK CR 1, III 2-3, 825 P.2d 1353, 1355. Proposition I is granted. Given our resolution of Proposition I, Propositions II and III are moot.
DECISION
The Petition for Certiorari is GRANTED, and the case REMANDED to the District Court to allow Jones to withdraw his plea. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.: 18, App. (2016), the MANDATE is ORDERED issued upon the delivery and filing of this decision.
ATTORNEYS AT PLEA AND SENTENCING HEARING
LINDSEY HOLGUIN
ASSISTANT PUBLIC DEFENDER
P.O. BOX 926
NORMAN, OK 73070
KIMBERLY D. HEINZE
423 SOUTH BOULDER
TULSA, OK 74103
COUNSEL FOR PETITIONER
———————————————–
ATTORNEYS ON APPEAL
KATIE KOLJACK
ASSISTANT DISTRICT ATTORNEY
500 SOUTH DENVER, STE. 900
TULSA, OK 74103
COUNSEL FOR THE STATE
E. SCOTT PRUITT
ATTORNEY GENERAL OF OKLAHOMA
ROBERT WHITTAKER
ASSISTANT ATTORNEY GENERAL
313 NE 21ST STREET
OKLAHOMA CITY, OK 73105
COUNSEL FOR RESPONDENT
———————————————–
ATTORNEYS AT HEARING ON MOTION TO WITHDRAW PLEA
BRIAN MARTIN
1331 S. DENVER AVENUE
TULSA, OK 74119
COUNSEL FOR DEFENDANT
BECKY JOHNSON
ASSISTANT DISTRICT ATTORNEY
500 S. DENVER AVENUE
TULSA, OK 74103
COUNSEL FOR THE STATE
OPINION BY: SMITH, P.J.
LUMPKIN, V.P.J.: CONCUR IN RESULT
JOHNSON, J.: CONCUR
LEWIS, J.: CONCUR
HUDSON, J.: CONCUR
Footnotes:
- 21 O.S.2011, § 801
- 21 O.S.2011, § 51.1
- 21 O.S.2011, § 801
- 21 O.S.2011, § 801
- 21 O.S.2011, § 801
Oklahoma Statutes citations:
- Okla. Stat. tit. 21 § 801 - Robbery with a Dangerous Weapon
- Okla. Stat. tit. 21 § 51.1 - Enhancement of Sentence for Prior Convictions
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:
- Hunter v. State, 1992 OK CR 1, I 2-3, 825 P.2d 1353, 1355