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C-2007-821

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In OCCA case No. C-2007-821, Marcus D. Carter appealed his conviction for Failure to Comply with Sex Offender Registration Act. In an unpublished decision, the court decided to remand the case for a new hearing on Carter's motion to withdraw his plea. One justice dissented. Carter entered a plea of no contest to the charges against him and was sentenced to five years in prison, which would run at the same time as another sentence he had. After his plea, he wanted to withdraw it and filed a motion for that. However, the court did not hold the required hearing to address his motion within the thirty days that should have been allotted. Carter claimed this was unfair and that he did not get the help he needed from his attorney. The court looked at two important questions: whether Carter's plea was made knowingly and willingly and if the court had the authority to accept it. His argument that the court did not hold the hearing on time was not considered valid for this appeal. However, the court did find that Carter had a right to effective legal representation, which he claimed he did not receive. He stated that his attorney pressured him into taking the plea and led him to misunderstand his potential punishments, making his plea involuntary. The judge noticed that during the hearing, Carter's attorney did not actively support him, as she seemed to be in a difficult situation where she could not defend him without also admitting her own shortcomings. Since there was a conflict of interest, it was decided that Carter should have a new hearing with a different attorney who would not have conflicting interests. The court agreed to grant Carter's request and sent the case back to the lower court for a proper hearing on his motion to withdraw his plea, ensuring he would have the assistance of a conflict-free attorney.

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C-2007-743

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

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C-2006-1154

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In OCCA case No. C-2006-1154, Rayshun Carlie Mullins appealed his conviction for multiple serious crimes, including rape and robbery. In an unpublished decision, the court decided that Mullins could withdraw his guilty pleas to many of the charges because he was not informed that he would have to serve 85% of his sentences before being eligible for parole. One judge dissented, arguing that the court should not vacate the pleas since Mullins knew he faced a long prison term when he entered his guilty pleas.

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C-2007-968

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In OCCA case No. C-2007-968, Aminu Inuwa appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In a published decision, the court decided that Inuwa was denied effective assistance of counsel because of an attorney-created conflict of interest. The decision was that his application to withdraw his guilty pleas was to be granted, and the case was sent back for a proper hearing on that application. One member of the court dissented.

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C-2007-717

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In OCCA case No. C-2007-717, Inez Lee Shaw appealed her conviction for multiple counts of knowingly concealing stolen property and possession of firearms after conviction. In an unpublished decision, the court decided to modify Shaw's sentence for one of the counts from ten years to five years but affirmed the judgments and sentences in all other respects. One judge dissented.

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C-2007-829

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In OCCA case No. C-2007-829, Jeffery L. Jinks appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. To explain a bit more: Jeffery Jinks pleaded guilty to the crime of Child Sexual Abuse in a district court. The judge accepted his plea and wanted a report to see what his sentence should be. Before he was sentenced, Jinks wanted to take back his plea but the court said no. During his sentencing, he was given a very long sentence of 35 years in prison, with most of that being suspended. This means that he would only serve part of the sentence unless he did something wrong again. Jinks then asked again to take back his plea after the sentencing, but once more the district court said no. After appealing, the court looked at a few important questions: If Jinks really understood what pleading guilty meant, if it was fair for him to be charged as he was, and if his sentence was too harsh. The court decided that Jinks understood his plea and that it was not unfair for him to be charged under the law. However, they did think his sentence was too harsh given his background and decided to change it from 35 years to 20 years in prison, reducing the time he would actually have to serve. So, overall, the court agreed Jinks did something wrong and upheld his conviction but thought the punishment needed to be lighter.

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C-2007-50

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In OCCA case No. C-2007-50, the petitioner appealed his conviction for unlawful possession of a handgun. In an unpublished decision, the court decided to remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented. The petitioner was originally charged in the Oklahoma County District Court with unlawful possession of a handgun based on previous felony convictions. He pleaded guilty to these charges and was sentenced to ten years in prison for each case. These sentences were set to run at the same time, which is known as concurrently. Later, the petitioner asked to withdraw his guilty plea. He believed he did not receive proper legal help during the hearing for this request because his lawyer had a conflict of interest. This means that the lawyer might have been more focused on their own issues instead of helping the petitioner. Even though the petitioner did not raise the problem of the conflict during the hearing, the court found that the situation affected the performance of his lawyer. Because of this, the court decided that the petitioner had been denied his right to effective legal assistance. The court granted the petition for writ of certiorari, which is a formal request to review the decision, and sent the case back to the district court for a new hearing. At this new hearing, the petitioner will have the chance to be represented by a lawyer who does not have a conflict of interest.

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C-2007-554

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In OCCA case No. C-2007-554, Aaron Perry Hampton appealed his conviction for burglary in the first degree and other charges. In an unpublished decision, the court decided to deny the appeal and affirmed most aspects of the lower court's decision, but also instructed the lower court to correct some clerical errors. One judge dissenting. Hampton had pleaded guilty to multiple charges, including burglary and assault, and was sentenced to a total of 35 years in prison. He later tried to withdraw his pleas, claiming that he did not understand what he was doing when he entered them and that the sentences were too harsh. The court found that he had been mentally competent and was aware of his actions when he pleaded guilty. They determined the sentences were appropriate for the crimes he committed. However, they agreed that there were mistakes in the official paperwork regarding the sentences and case numbers, so they sent the case back to the lower court to fix those errors while keeping the original sentences in place.

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C-2005-1

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In OCCA case No. C-2005-1, Victor Alfonso Duenas-Flores appealed his conviction for first-degree manslaughter. In a published decision, the court decided to grant his appeal, vacate the judgment and sentence, and allow him to withdraw his guilty plea. One judge dissented. Victor Duenas-Flores, who is from Mexico, was involved in a car accident on August 9, 2003, where he crossed the centerline of a highway and hit another car head-on, resulting in the death of the other driver. Duenas-Flores had a high blood alcohol content of 0.21 at the time of the accident. Due to this event, he was charged with first-degree manslaughter. On August 12, 2004, Duenas-Flores pleaded guilty to the charge in court and was sentenced to 45 years in prison. After some time, he wanted to change his plea but the court denied his request. He then took his case to a higher court, claiming that he was not informed about his rights under a treaty that allows foreign nationals to contact their consulate when they are in legal trouble. This lack of information made him feel pressured to plead guilty because he thought he would not have enough resources to defend himself without expert testimony, which he hoped to get help for from the Mexican consulate. The higher court found that the trial court had made an error. Even though it was confirmed that Duenas-Flores was not informed about his consulate rights as required, the trial court ruled that he could not prove that this violation affected his understanding of his guilty plea. The higher court disagreed and said that it was likely that Duenas-Flores would have chosen to go to trial instead of pleading guilty if he had known about his rights, and thus he should be allowed to withdraw his guilty plea. The ruling meant that Duenas-Flores had a chance to defend himself again, and the court did not assess whether his sentence was too long since they granted relief based on the violation of his rights.

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C-2006-1079

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In OCCA case No. C-06-1079, Brian Daron Harris appealed his conviction for four counts of First Degree Rape. In a published decision, the court decided that Harris was denied his right to counsel during a critical stage of his case, which was the hearing on his motion to withdraw his guilty plea. The court found that since Harris' attorney was not present at the hearing, he did not have proper legal representation. This decision led to a determination that Harris should be given another chance to have a hearing on his motion to withdraw his plea, this time with independent legal counsel. One judge dissented.

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C-2006-649

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In OCCA case No. C-2006-649, Robert Earl Richardson appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to grant Richardson's request to withdraw his guilty plea, which means he will get another chance for a trial. One judge disagreed with this decision. Richardson had originally pleaded guilty to a crime and was sentenced to twenty years in prison. After his sentencing, he wanted to change his mind about the guilty plea and asked to withdraw it. However, there were delays in hearing his request. Nearly four years after he first asked, a different judge finally listened to his case but did not allow him to withdraw his plea. Richardson argued that he didn’t fully understand what he was agreeing to when he pleaded guilty. Specifically, he claimed he was not informed that he would need to serve 85% of his sentence before being eligible for parole, which is known as the 85% Rule. This is important because it means a person might spend a long time in prison before they could have a chance to be released early. During the hearing about his request, Richardson’s lawyer said he usually informs clients about this rule but could not remember if he did so with Richardson. Since there was no clear proof that Richardson was informed about it, the court ruled that he could withdraw his guilty plea. The decision was to reverse the lower court's ruling, allowing Richardson to try again and have a fair trial where he can present his side of the story.

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C-2006-1110

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In OCCA case No. C-2006-1110, Andrew Deon Bowie appealed his conviction for robbery with a firearm and burglary in the first degree. In an unpublished decision, the court decided to grant his petition for certiorari and remand the case for the appointment of new counsel. One member of the court dissented. Andrew Deon Bowie was charged with robbery with a firearm, assault and battery with a dangerous weapon, and burglary. After a preliminary hearing, he agreed to a plea deal and pleaded guilty to robbery and burglary. He was sentenced to thirty years in prison for the robbery and twenty years for burglary, with the sentences running at the same time. Bowie later wanted to challenge his guilty pleas. He argued that he did not have good legal help when he tried to withdraw his guilty pleas because his lawyer had a conflict of interest, which made it hard for Bowie to get proper representation. The law says that people in criminal cases should have effective lawyers who don’t have conflicts that could hurt their case. The court looked at Bowie’s request and agreed that he did not have proper legal help. They found that the trial court should have given him a new lawyer to help with his request to withdraw his pleas, as he was left without anyone to represent him. Because of this, the court said they would let his petition go forward. The decision found that Bowie’s lawyer had acted against his interests by suggesting that Bowie shouldn’t be allowed to withdraw his guilty pleas. This created a conflict which made Bowie unable to defend himself properly. As a result of their findings, the court granted Bowie’s request and sent the case back to the lower court. They instructed the lower court to appoint a new lawyer to help Bowie with his effort to withdraw his guilty pleas. One judge disagreed with this decision, saying that Bowie did not bring up the issue of bad legal help earlier in the process, so it should not be considered now. The dissenting judge felt there was not enough evidence to support Bowie’s claims about needing to withdraw his pleas. Overall, the case was about making sure that Bowie had the right legal support, and the court decided that he didn’t have that, which affected his ability to have a fair process in court.

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C-2006-863

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In OCCA case No. C-2006-863, the petitioner appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to deny the petitioner's request for further review. One member of the court dissented. To explain further, the case began when the petitioner, Wilkerson, entered a blind plea, meaning he agreed to plead guilty without any deal from the prosecutor, to a serious charge of First Degree Manslaughter. This happened in the Tulsa County District Court. In June 2006, the court accepted his plea and decided that he would spend life in prison, but he would only have to serve 20 years of that sentence right away. The court also ordered him to pay $10,000 as restitution. A little later, in July 2006, Wilkerson wanted to take back his plea and filed a motion to withdraw it, but the court said no after a hearing in August. Following this, Wilkerson decided to appeal and asked for a special review from the OCCA. During the appeal, Wilkerson pointed out three main areas he felt were wrong: 1. He believed his sentence was affected by bias and improper evidence presented in court, leading to a sentence that was too harsh. 2. He argued that he should not have to pay the $10,000 fine since it was not mentioned correctly in the sentence. 3. He wanted the official records to show the date his sentence was first pronounced, which was June 23, 2006. After looking at all the records, it was determined that Wilkerson's plea was made willingly and his sentence was not excessive. The court agreed that the $10,000 fine was wrongly imposed and should be removed, but they also acknowledged that the trial court had done the right thing by dismissing the restitution order since no evidence supported it. The decision concluded with the court denying Wilkerson’s request for a special review but correcting the record to eliminate the fine and officially reflecting the correct date of sentencing.

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C-2006-1192

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In OCCA case No. C-2006-1192, Chad Fourkiller appealed his conviction for attempting to elude a police officer, possession of a sawed-off shotgun, and feloniously possessing a firearm. In an unpublished decision, the court decided to grant his petition for writ of certiorari and remand the case for a new hearing on the application to withdraw his guilty plea. One member of the court dissented. Fourkiller had pleaded guilty to three charges, which included trying to escape from a police officer and having illegal weapons. He was sentenced to a total of time in prison, depending on whether he completed a program called Drug Court. After his participation in Drug Court ended, he was formally sentenced. Later, Fourkiller wanted to change his guilty plea and claimed his lawyer did not explain things properly to him. The court did not allow him to withdraw his plea at first. However, during a follow-up hearing, Fourkiller’s lawyer ended up testifying against him. This created a problem since a lawyer should not represent a client and then testify against them in the same case. The court found that Fourkiller did not receive proper legal help, and because of this, they agreed to his request for a new hearing to discuss his motion to withdraw his guilty plea. The other arguments Fourkiller made in his appeal about double jeopardy and errors in his sentencing were found to not need a decision since the first issue was enough to allow for a new hearing.

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C 2005-608

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In OCCA case No. C 2005-608, Ricky Allen Rinker appealed his conviction for Sexual Abuse of a Child and Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to grant Rinker's request to withdraw his pleas. One judge dissented. Ricky Allen Rinker made pleas of guilty and nolo contendere for several counts of crimes against children. He was sentenced to a total of over forty years in prison. After some time, Rinker wanted to take back his pleas, saying they were not made knowingly or voluntarily. He believed he was not properly informed about the possible sentences and his eligibility for parole. The court agreed that he had not been properly informed about important rules related to his sentence, particularly that he would need to serve 85% of his time before being eligible for parole. Since this was a serious issue, the court allowed him to withdraw his pleas and overturned his sentence. Some judges thought that Rinker should have to provide more proof that he did not understand the rules concerning his pleas. They believed he had not shown enough evidence that he should be allowed to take back his pleas simply because no official record of his plea was made. However, in the end, the majority ruled in favor of Rinker, allowing him a chance to re-do his plea with all the proper information.

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C 2006-497

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In OCCA case No. C 2006-497, Tommy Lee Williams appealed his conviction for Child Abuse. In a published decision, the court decided to modify Williams' sentence. One judge dissented. Tommy Williams pleaded guilty to Child Abuse, which is a serious crime involving harm to children. He was initially given a very long sentence of life in prison, but with 30 years of it suspended, meaning he wouldn't have to serve that part if he followed certain rules while on probation. The court also said he would need to follow rules as a violent offender for his whole life. Williams didn't agree with the sentence. He thought it was way too harsh. He also mentioned that the judge might have taken unproven bad behavior into account when deciding the punishment. Williams' lawyers believed that the judge had made some mistakes, so they filed a motion asking the court to let him change his guilty plea. They pointed out four main issues they thought were problems with the judge's decisions. First, they argued that the length of the sentence was surprising and excessive. Second, they felt the judge didn't check if Tommy was mentally ready to go through with the plea. Third, they claimed it wasn’t fair for the judge to make Williams be on supervision for life, as that's a long time. Fourth, they said Tommy wasn't clearly told about the potential length of his sentence and a special rule that could mean he'd have to serve 85% of his time before getting out. The court looked through all the information presented in the case. They decided that Williams' sentence was too harsh when they compared it with similar cases. They agreed that some of the reasons the trial judge gave for his decision weren't valid. Child abuse is serious, but the punishment given to Williams felt wrong to the appeals court. About the lifetime supervision, the court believed that was also not right. They then concluded that they needed to change the sentence to make it fairer. In the end, the court lowered Williams' sentence to 20 years instead of life. They said he would still need to follow rules during his time in prison, but that the earlier sentence was just too much for the crime he committed. They sent the case back to the lower court to make sure their decision was put into action.

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C-2006-571

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In OCCA case No. C-2006-571, Robert Carl Sharp appealed his conviction for three counts of First Degree Manslaughter. In an unpublished decision, the court decided to grant certiorari and remand the case to the district court for further proceedings. One judge dissented. Robert Carl Sharp was convicted on January 5, 2006, after he entered guilty pleas to three counts of First Degree Manslaughter in the Pottawatomie County District Court. His sentencing was postponed until a Presentence Report could be made. When he was finally sentenced on February 15, 2006, he received ten years in prison for each count, with the sentences to be served one after the other. After the sentencing, Sharp wanted to withdraw his guilty pleas. He filed an application to do this on February 23, 2006, but during the hearing for this application on March 15, 2006, he was not present. The court denied his application to withdraw his pleas. This led Sharp to appeal the decision, raising several points he believed were errors in the process. Sharp argued that: 1. He was denied his right to be present at the hearing about withdrawing his pleas. 2. His sentences were too harsh and should be changed. 3. He did not get enough time to present evidence that could have helped lessen his sentence. The court looked carefully at Sharp's claims. They found that he did not get to be present at the hearing about his application to withdraw his guilty pleas, and there was no record showing he agreed to not be there. The court stated that a person has the right to be present in any situation that could affect the fairness of the process. Because the hearing where he wanted to withdraw his plea was an important part of the legal process, Sharp's absence was considered a violation of his rights. Thus, the court decided to send the case back to the district court so that Sharp could have a new hearing. This new hearing would allow him to be present and give his side of the story regarding his application to withdraw his guilty pleas. Since they granted his appeal on this matter, the other arguments he made were no longer needed to be considered. In conclusion, the court granted Sharp's request and sent the case back to the lower court for a new hearing. One judge disagreed with this decision, believing that even though he was absent from the hearing, it did not change the fact that his original guilty plea was valid and made willingly.

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C-2006-693

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In OCCA case No. C-2006-693, Willeford appealed his conviction for robbery in the first degree. In an unpublished decision, the court decided to modify Willeford's sentences to run concurrently instead of consecutively. One judge dissented. Willeford had pleaded guilty to two counts of robbery and was sentenced to twenty years for each count, served one after the other, meaning he would spend a total of forty years in prison. He later wanted to take back his guilty plea and argued that he had not been properly informed about the 85% Rule. This rule states that a person must serve 85% of their sentence before being eligible for parole. The court examined the record and found that Willeford was indeed not advised about this rule. This was a key issue because, based on a previous case, if a defendant isn’t informed about important rules affecting their freedom, it can make their plea involuntary and unfair. Instead of completely overturning Willeford's guilty plea and sending the case back for trial, the court decided to change the sentences so they would be served at the same time, reducing the total prison time he would face. In the dissent, one judge expressed disagreement, arguing that the plea should be overturned altogether if it was found to be involuntary. This judge believed that just changing the sentences wasn’t enough and that the entire process needed to be reviewed, suggesting that the original ruling should simply be kept as it was.

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C-2006-286

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In OCCA case No. C-2006-286, Michelle Emma Hill appealed her conviction for Incitement to Riot. In a published decision, the court decided to grant her the opportunity to withdraw her plea and proceed to trial. One judge dissented.

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C-2005-1198

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In OCCA case No. C-2005-1198, the Petitioner appealed his conviction for burglary in the second degree and knowingly concealing stolen property. In a published decision, the court decided to grant the petitioner's appeal. One member dissented. The case involved a man named Brad Daniel Richards who pleaded guilty to two charges: burglary and concealing stolen property. He received a sentence of seven years in prison for the burglary and a five-year suspended sentence for the other charge. After his conviction, he wanted to take back his guilty pleas because he felt that his lawyer did not represent him well during the hearing where he tried to withdraw his plea. Richards argued that his attorney had a conflict of interest. During the hearing to withdraw his plea, the attorney mentioned that there could be an issue with his previous representation but did not argue on Richards' behalf. The court noted that a lawyer should provide good help to their client, especially at this critical stage of the process. The court looked closely at whether Richards' lawyer's conflict of interest affected his case. They pointed out that Richards had not testified, and his lawyer did not really support his claims. Because of this, the court could not make a clear decision about whether Richards should be allowed to withdraw his plea. In the end, the court granted Richards' request to review the original decision and said he deserves a new hearing with a different lawyer who does not have a conflict of interest. Therefore, the lower court's judgment was reversed, and the case was sent back for a new hearing.

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C-2005-1208

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In OCCA case No. C-2005-1208, Eric Evan Smith appealed his conviction for 30 counts of Possession of Obscene Material Involving the Participation of a Minor Under the Age of Eighteen. In a published decision, the court decided to grant his request to withdraw his plea and ordered a new hearing on the application to withdraw the plea. One judge dissented. Smith had pleaded guilty in a district court, where he was sentenced to twenty years in prison for each count, with the sentences to be served at the same time, but only serving the first fifteen years of each count. After some time, Smith wanted to change his plea and said it wasn't voluntary because he felt pressured by his attorney. His case was reviewed, and it was determined that there was a conflict between him and his lawyer. Smith argued that his lawyer made him plead guilty by suggesting he would get a lighter sentence if he did so. In the hearing, Smith asserted that his attorney had coerced him into the plea, while his attorney denied it. Because of the angry and conflicting testimonies, the judges believed there was a problem that affected Smith's rights to a fair trial and effective help from a lawyer. The court found that Smith's lawyer could not properly help him because of this conflict. This led them to decide that Smith deserved another chance to explain his case and why he wanted a different plea. The decision meant that Smith had the right to go back to court, where he could present his reasons for wanting to change his plea and have a new decision made on whether his original plea was fair and appropriate. The dissenting judge felt that the court should not have granted this new hearing, believing that Smith's plea was done properly and his lawyer's conflict did not significantly affect the case, arguing that there was no abuse of power in the original decision of the court.

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C-2005-311

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In OCCA case No. C-2005-311, Emily Burns appealed her conviction for robbery with a firearm and false declaration of ownership in pawn. In an unpublished decision, the court decided to grant her appeal and modify her sentence. One judge dissented. Emily Burns pleaded guilty to robbery with a firearm and false declaration of ownership in pawn. A judge sentenced her to 25 years in prison for robbery and five years for the other charge, with both sentences running at the same time. Burns later asked to withdraw her guilty plea, arguing her long sentence was unfair. The court looked at how the sentence was decided. They said when someone pleads guilty, the judge must consider all possible punishments. Burns claimed the judge had a policy of giving at least 25 years for armed robbery without looking at her specific case. This concerned the appellate court because it seemed the judge might not have thought about all the facts before sentencing. Burns used a fake gun during the robbery, and no one was really hurt. The court believed that sentencing her to 25 years for using a fake gun in a non-violent way was extreme given her background as a young mother with no prior criminal record. The appellate court decided to change Burns's punishment, reducing her sentence to 10 years in prison because the original sentence was too harsh. They affirmed her convictions but modified the length of her sentence. Burns also argued that she was denied a chance to have her sentence reviewed after a year, which is a right she has by law. However, the court said she was not denied this right because the judge just needed her to file a motion if she wanted a review. In the end, the court granted her request to modify her sentence and reaffirmed her convictions, while one judge believed that the original sentence should stand.

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C-2005-211

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In OCCA case No. C-2005-211, the petitioner appealed his conviction for possession of child pornography and producing child pornography. In a published decision, the court decided to deny the petition for writ of certiorari and affirm the judgment while modifying the sentences. One judge dissented. Chad Justin Berntson entered guilty pleas to two serious charges related to child pornography in December 2004. In February 2005, he was sentenced to ten years in prison for each charge, with the sentences set to be served at the same time. He later asked to change his pleas, but the court said no. Berntson argued there were misunderstandings with the plea deal and claimed that one of the charges was not applied correctly, which made his plea involuntary. He also felt that the ten-year sentences were too harsh. After looking closely at his claims and the documents related to his case, the court decided that he did not have a misunderstanding about his plea. They noted that Berntson knew what to expect as they both agreed on a sentence of ten years. However, the court found that he was charged incorrectly with one of the counts, meaning he should have faced a lesser maximum sentence according to the different law that applied. Because of that, they changed the judgment and sentence for that count to five years instead. In the end, the court denied Berntson's request to change his plea, but they adjusted his sentence. They set both counts to five years in prison instead of the original ten years. The two sentences would still be served at the same time. One judge disagreed with how the court modified the sentences, believing that if Berntson entered a valid plea and got the sentence he expected, it should not be changed. This judge thought the court was wrong to alter the charges and punishments after the fact.

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C-2005-398

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In OCCA case No. C-2005-398, Elisa Nielson appealed her conviction for Lewd Acts with a Child Under the Age of 16. In a published decision, the court decided to grant the petition for certiorari and remand the case for further proceedings. One judge dissented from the decision. Elisa Nielson had entered a guilty plea for her crime on February 7, 2005. The judge sentenced her to twenty years in prison, but she would only have to serve ten years if she followed certain rules. Nielson later wanted to take back her guilty plea because she thought there was confusion about what her sentence would be. She argued that a deal was made where she wouldn't be sentenced to more than five years in prison, but when it came time for sentencing, the judge did not follow that recommendation. Nielson brought her case to a higher court, saying that the trial judge should have let her change her mind about the guilty plea before sentencing. The higher court looked at all the facts and agreed with her. They found that the confusion about the plea meant she should have been allowed to withdraw it. The court decided Nielson's issue about the sentence was not relevant after they allowed her to withdraw her plea. So, they granted her request and sent the case back to the lower court to work things out according to their ruling. One judge disagreed and said that Nielson understood what she was doing when she accepted her guilty plea. He thought the agreement was clear and that the lower court had done everything correctly. He would not have granted her appeal.

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C-2005-524

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In OCCA case No. C-2005-524, Robert Scott Pebbles appealed his conviction for First Degree Rape. In a published decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented. Pebbles had pled guilty to the charge as part of a plea agreement and was given a five-year suspended sentence. However, he later claimed that his attorney pressured him into pleading guilty. He stated that he did not understand the requirements of his probation and was misled about the possible consequences of his plea, including a misunderstanding of the maximum punishment for his crime. During a hearing about his motion to withdraw the plea, Pebbles testified that his attorney had told him he could face the death penalty for the rape charge. The court found that the plea was not entered knowingly or voluntarily because Pebbles had been misadvised about the range of punishment. The U.S. Supreme Court had ruled that the death penalty for rape was unconstitutional, which means Pebbles could not face such a punishment. The court reviewed affidavits from attorneys involved in the case that supported Pebbles' claim of being misadvised. The Attorney General acknowledged Pebbles was indeed not eligible for the death penalty for rape. As a result of these findings, the court decided that Pebbles' guilty plea should be withdrawn. The case was sent back to the lower court for further proceedings.

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