C-2007-50
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 In an unpublished decision, the court decided to remand the case for a proper hearing on the motion to withdraw the guilty plea.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.