Yorico Rayshawn Jones v The State Of Oklahoma

C-2016-718

Filed: Jun. 1, 2017

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Yorico Rayshawn Jones appealed his conviction for robbery with a dangerous weapon and kidnapping. His convictions and sentence included a total of several years in prison for various counts, with some sentences running at the same time. Judge William J. Musseman denied Jones's request to change his guilty pleas. He claimed he should withdraw his pleas because he was punished for a crime he didn’t commit, and that his pleas weren’t made knowingly or voluntarily. The court agreed he was incorrectly sentenced for a crime he was not charged with, so they canceled that part of his sentence. However, they denied his other claims, and overall, they kept most of his sentence the same. Judge Lumpkin agreed with the opinion, and Judges Johnson and Smith participated in the decision.

Decision

The petition for the writ of certiorari is GRANTED IN PART, and DENIED IN PART. The Judgment and Sentence in Count 15 of Case No. CF-2015-6608 is VACATED. The Judgments and Sentences are otherwise AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2017), the MANDATE is ORDERED issued upon delivery and filing of this decision.

Issues

• Was the trial court's sentencing of Petitioner for a crime for which he was not charged legally valid?
• Were Petitioner's pleas entered knowingly and voluntarily?

Findings

• The court erred and the judgment and sentence of Count 15 of Case No. CF-2015-6608 is vacated.
• The evidence was not sufficient to support the claim that the pleas were not knowingly and voluntarily entered; therefore, this proposition is denied.

C-2016-718

Jun. 1, 2017

Yorico Rayshawn Jones

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

MICHAEL S. RICHIE GRANTING IN PART, AND DENYING IN PART, PETITION FOR WRIT OF CERTIORARI

LEWIS, VICE-PRESIDING JUDGE: Petitioner, Yorico Rayshawn Jones, entered blind pleas of guilty in the District Court of Tulsa County, to the following charges: Case No. CF-2015-6247: Count 1, robbery with a dangerous weapon;1 Count 2, kidnapping;2 Case No. CF-2015-6608: Counts 1 and 9, robbery with a dangerous weapon; Counts 2 and 10, first degree burglary;3 Count 3, assault and battery with a dangerous weapon;4 Counts 4-7, 11-12, kidnapping; Counts 8, 13, larceny of a motor vehicle;5 Count 14, knowingly concealing stolen property;6 Count 16, obstructing an officer;7 Case No. CF-2015-6815: Count 1, robbery with a dangerous weapon; Count 2, kidnapping.

121 O.S.2011, § 801.
2 21 O.S.Supp.2 2012, § 741.
3 21 O.S.2011, § 1435.
4 21 O.S.2011, § 645.
5 21 O.S.2011, § 1720.
6 21 O.S.2011, § 1713.
7 21 O.S.2011, § 540.

The Honorable William J. Musseman, District Judge, accepted Petitioner’s plea and sentenced him as follows: Case No. CF-2015-6247: Count 1, 26 years imprisonment, with 3 years suspended; Count 2, 20 years imprisonment; Case No. CF-2015-6608: Counts 1 and 9, 36 years, with 3 years suspended; Counts 2 and 10, 20 years imprisonment; Count 3, 10 years imprisonment; Counts 4-7, 11-12, 20 years imprisonment; Counts 8, 13, 20 years imprisonment; Count 14, 5 years imprisonment; Count 15, 5 years imprisonment; Count 16, 1 year in jail; Case No. CF-2015-6815: Count 1, 26 years imprisonment; Count 2, 20 years imprisonment. The Court ordered all sentences served concurrently.8

Petitioner filed a motion to withdraw his pleas, which the trial court denied after evidentiary hearing. He now seeks the writ of certiorari in the following propositions of error:

1. The trial court erred when it sentenced Petitioner for a crime for which he was not charged;
2. Petitioner is entitled to withdraw his pleas because the pleas were not knowingly and voluntarily entered.

In Proposition One, Petitioner alleges, for the first time on appeal, that the judgment and sentence entered against him in Count 15 of Case No. CF-2015-6608, punishes him for a crime for which he was not charged. The record confirms that Count 15 charged a co-defendant with knowingly concealing stolen property, and did not name Petitioner as a defendant. The trial court seems to have inadvertently entered judgment against Petitioner on this count for understandable reasons. Because Count 15 of the Information confers insufficient jurisdiction to sustain the judgment and sentence of the court, it is void, and will be vacated.

21 O.S.2011, § 8; Buis v. State, 1990 OK CR 28, 792 P.2d 427 (quoting Albrecht U. United States, 273 U.S. 1, 47 S.Ct. 250, 252-53, 71 L.Ed. 505 (1927)(a person may not be criminally punished without a formal and sufficient accusation, even after submitting personally to the jurisdiction of the court). No further relief is required.

In Proposition Two, Petitioner argues that his pleas were not knowing and voluntary. A valid plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant. North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970)). We ordinarily review a ruling on a motion to withdraw of a plea for an abuse of discretion, Carpenter v. State, 1996 OK CR 56, I 40, 929 P.2d 988, 998; unless it involves a question of statutory or constitutional interpretation, which we review de novo. Weeks, 2015 OK CR 16, T 16, 362 P.3d at 654. Petitioner admitted he was seeking to withdraw the plea solely because of his dissatisfaction with the sentence(s) imposed by the trial court. This is not a legal reason for withdrawal of a guilty plea. Lozoya v. State, 1996 OK CR 55, 9 44, 932 P.2d 22, 34. Proposition Two is therefore denied.

DECISION

The petition for the writ of certiorari is GRANTED IN PART, and DENIED IN PART. The Judgment and Sentence in Count 15 of Case No. CF-2015-6608 is VACATED. The Judgments and Sentences are otherwise AFFIRMED.

Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2017), the MANDATE is ORDERED issued upon delivery and filing of this decision.

AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY

HONORABLE WILLIAM J. MUSSEMAN, DISTRICT JUDGE

APPEARANCES AT TRIAL

RICHARD KOLLER
423 S. BOULDER AVE.
TULSA, OK 74103

(PLEA)

ATTORNEY FOR PETITIONER

APPEARANCES ON APPEAL

ROBERT W. JACKSON
P.O. BOX 926
NORMAN, OK 73030-0926

APRIL SEIBERT
1644 S. DENVER AVE.
TULSA, OK 74119
(WITHDRAWAL)

ATTORNEYS FOR DEFENDANT

KEVIN KELLER
ASST. DISTRICT ATTORNEY
500 S. DENVER AVE., STE. 900
TULSA, OK 74103

ATTORNEYS FOR STATE

OPINION BY LEWIS, V.P.J.

LUMPKIN, P.J.: Concurs
JOHNSON, J.: Not Participating
SMITH, J.: Concurs
HUDSON, J.: Concurs

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Footnotes:

1. 121 O.S.2011, § 801.
2. 21 O.S.Supp.2 2012, § 741.
3. 21 O.S.2011, § 1435.
4. 21 O.S.2011, § 645.
5. 21 O.S.2011, § 1720.
6. 21 O.S.2011, § 1713.
7. 21 O.S.2011, § 540.
8. 21 O.S.Supp.2014, § 13.1(8), (12).
9. 21 O.S.2011, § 8.
10. Buis v. State, 1990 OK CR 28, 792 P.2d 427.
11. North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970).
12. Carpenter v. State, 1996 OK CR 56, I 40, 929 P.2d 988, 998.
13. Weeks, 2015 OK CR 16, T 16, 362 P.3d at 654.
14. Lozoya v. State, 1996 OK CR 55, 9 44, 932 P.2d 22, 34.

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 801 (2011) - Robbery
• Okla. Stat. tit. 21 § 741 (2012) - Kidnapping
• Okla. Stat. tit. 21 § 1435 (2011) - First Degree Burglary
• Okla. Stat. tit. 21 § 645 (2011) - Assault and Battery with a Dangerous Weapon
• Okla. Stat. tit. 21 § 1720 (2011) - Larceny of a Motor Vehicle
• Okla. Stat. tit. 21 § 1713 (2011) - Knowingly Concealing Stolen Property
• Okla. Stat. tit. 21 § 540 (2011) - Obstructing an Officer
• Okla. Stat. tit. 21 § 13.1 (2014) - Sentencing Requirements
• Okla. Stat. tit. 21 § 8 (2011) - Jurisdiction

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:

• Buis v. State, 1990 OK CR 28, 792 P.2d 427
• North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970)
• Carpenter v. State, 1996 OK CR 56, I 40, 929 P.2d 988, 998
• Weeks v. State, 2015 OK CR 16, T 16, 362 P.3d at 654
• Lozoya v. State, 1996 OK CR 55, 9 44, 932 P.2d 22, 34