C-2018-225

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**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. C-2018-225** **STATE OF OKLAHOMA** **Petitioner:** STEVEN LEON GRIMMETT **Respondent:** THE STATE OF OKLAHOMA **SUMMARY OPINION DENYING CERTIORARI** **Opinion by: LUMPKIN, JUDGE:** Steven Leon Grimmett (Petitioner) was charged with multiple felony counts and entered a blind plea of no contest. After sentencing, he sought to withdraw his plea, claiming coercion and misunderstandings regarding his sentence. His motion was denied, and he appealed the decision, raising several propositions of error. 1. **Coercion and Voluntariness of Plea**: Petitioner claimed his plea was coerced and involuntary. The court evaluated whether the plea was entered voluntarily and intelligently, emphasizing the importance of confirming that the plea was not the result of force or threats. The court concluded that evidence demonstrated the plea was voluntary. 2. **Advice on Sentencing Requirements**: The Petitioner contended he was not adequately informed about the 85% rule applicable to his sentence or the post-imprisonment supervision requirement. However, since these claims were not raised in his Motion to Withdraw Plea, the appellate court found he waived the right to contest these issues. 3. **Clerical Error Argument**: Petitioner argued there was a clerical error in the judgment regarding the requirement of post-imprisonment supervision. The court did not find this to be an obvious error but remanded the matter to the district court to address the claim. 4. **Effective Assistance of Counsel**: The court assessed his claims of ineffective assistance of both plea and withdrawal counsel using the Strickland test, which evaluates counsel's performance and whether any deficiencies prejudiced the defense. The court determined that Petitioner was sufficiently informed about his plea and that withdrawal counsel's performance did not constitute ineffective assistance. **DECISION**: The court affirmed the denial of the Motion to Withdraw Plea and remanded for the district court to address the clerical error regarding post-imprisonment supervision. **Counsel Information:** - **Counsel for Petitioner at Trial and Appeal**: Shelley Levisay, Kimberly D. Heinze - **Counsel for the State**: Adam Panter, Mike Hunter, David Hammer, Joshua Fanelli **Opinion filed: May 9, 2019** **Mandate ordered upon filing**. For full opinion documents, refer to [the PDF link here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-225_1734103367.pdf).

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PC-2017-322

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In OCCA case No. CF-2004-4488, the petitioner appealed his conviction for murder and shooting with intent to kill. In an unpublished decision, the court affirmed the conviction, stating that his consecutive sentences do not violate constitutional protections against cruel punishment. One judge dissented on the reasoning. [occa_caption]

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