Amphetamine Archives - OCCA Opinions

C-2004-739

Post author:Staff
Post published:June 8, 2005
Post category:C

In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

RE 2000-0688

Post author:Staff
Post published:April 17, 2001
Post category:RE

In OCCA case No. RE 2000-0688, the individual appealed his conviction for unlawful possession of a controlled substance. In an unpublished decision, the court decided to reverse the decision by the lower court and send the case back for further proceedings. One judge dissented. Here's what happened: The person had a suspended sentence because he had pleaded to a crime in 1997. His sentence meant that he would not go to jail right away, but he had to follow certain rules. If he broke those rules, the court could revoke his suspended sentence and send him to jail. In April 2000, the state filed to revoke his suspended sentence. The hearing to decide this was supposed to happen soon, but due to scheduling issues, the hearing was delayed. The court did not hold the hearing within the required 20 days after the plea was entered. Because of this delay, the court found that they lost the authority to revoke the sentence. The appellate court reviewed the case and made the decision to reverse the lower court's ruling. They pointed out that the law clearly states the timeline for revocation hearings and that this timeline was not followed in this case. Thus, they sent the matter back to the lower court for further action.