Blind Pleas

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRADLEY WAYNE CHERRY,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-977** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA AUG 29 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Bradley Wayne Cherry entered guilty pleas in the District Court of Oklahoma County to charges of Second Degree Burglary under Case Nos. CF-2017-4883 and CF-2017-5420. These pleas were accepted by the Honorable Ray C. Elliott on November 15, 2017, as part of a plea agreement allowing Petitioner to enter the RID Program, with the potential for a more favorable sentence upon successful completion. His sentencing, set for September 19, 2018, was postponed to allow for completion of the program. Petitioner failed the RID Program and was charged with additional burglaries in Case No. CF-2018-2594. Pleas and sentencing for the three cases culminated on August 22, 2018, resulting in seven years imprisonment per case, ordered to run consecutively. Petitioner subsequently filed a pro se Motion to Withdraw Guilty Plea, which the trial court denied after a hearing. **Propositions of Error Raised by Petitioner:** 1. **Excessive Sentencing:** Petitioner claims the imposed sentences are shockingly excessive and not proportional to the crimes. The court finds this argument unpersuasive as the legislature defines punishment ranges for offenses. Given the nature of multiple burglaries, including home invasions, the maximum sentences were deemed appropriate. 2. **Restitution Order:** The claim regarding the trial court’s adherence to statutory procedures for restitution was waived, as it was not raised in the motion to withdraw the plea. 3. **Plea Agreement Not Honored:** Petitioner argues the trial court did not adhere to the plea agreement in CF-2018-2594. The court determined there was no formal plea agreement regarding concurrent sentencing; hence, the claim fails. 4. **Voluntariness of Pleas:** Petitioner asserts his pleas were not knowingly entered due to an alleged lack of understanding about possible sentencing. The court determined Petitioner was adequately informed about his potential sentencing and the implications of a blind plea. 5. **Bias of the Trial Court:** Petitioner claims bias during the proceedings; however, this issue was not preserved for appeal as it was not included in the withdrawal motion or addressed at the hearing. 6. **Ineffective Assistance of Counsel:** Petitioner asserts his appellate and trial counsel were ineffective, but these claims were not explicitly raised during the motion to withdraw. Concerning the effectiveness of conflict counsel at the withdrawal hearing, Petitioner failed to demonstrate any resulting prejudice. **DECISION:** The Petition for Writ of Certiorari is DENIED, and the Judgment and Sentence of the District Court is AFFIRMED. A mandate is ordered to be issued upon delivery and filing of this decision. **APPEARANCES:** - **For Petitioner at the Plea Hearing:** - Mark Hartshorn (Oklahoma City, OK) - **For Defense at Withdrawal Hearing:** - Thomas Hurley (Oklahoma City, OK) - **For the State:** - Dan Pond (Oklahoma City, OK) **OPINION BY:** LUMPKIN, J. **Concurred by:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. --- **[Download PDF of Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-977_1734186380.pdf)**