Certiorari Appeal Archives

C-2016-38

Post author:Staff
Post published:November 7, 2016
Post category:C

In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

C-2014-584

Post author:Staff
Post published:August 6, 2015
Post category:C

In OCCA case No. C-2014-584, Gilbert Paz appealed his conviction for First Degree Felony Murder, Shooting with Intent to Kill, Conspiracy, Attempted Robbery with a Firearm, and Possession of a Firearm After Conviction of a Felony. In an unpublished decision, the court decided to vacate the District Court's denial of Paz's Motion to Withdraw Plea and remanded the case for further proceedings. One member of the court dissented. Gilbert Paz was involved in a serious crime case where he initially pleaded guilty to multiple charges. After some time, he wanted to take back his guilty pleas, claiming that he didn’t fully understand what he was doing when he agreed to the plea deal. He felt confused and believed his lawyer wasn't helping him properly. The case started when a burglary went badly, resulting in one person being killed and another being hurt. After his guilty pleas were accepted in court, Paz tried to withdraw them, but the judge said no. The judge continued to give him time to get a new lawyer but did not allow him to take back his pleas. Paz argued five main points in his appeal. He claimed that the judge helped too much during his plea negotiations, that his guilty plea was not made knowingly or intelligently, that he was denied his right to have a lawyer present during important parts of the trial, and that his lawyer did not provide effective help. He also claimed that all these issues together made it unfair for him. The court reviewed everything and determined that the main issue was that Paz did not receive the help of a lawyer when trying to withdraw his guilty pleas. Both Paz and the State agreed that he should have had a lawyer to assist him in this situation. The court recognized that without proper counsel, Paz's claim that his pleas were not voluntary could not be dismissed as harmless. As a result, the court decided to vacate the previous decision and send the case back to the District Court so they could properly address Paz's request to withdraw his pleas.

RE-2012-1032

Post author:Staff
Post published:February 25, 2014
Post category:RE

In OCCA case No. RE-2012-1032, Jacob Keith Meyer appealed his conviction for possession of a controlled substance and grand larceny. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for some charges but remanded for a lawful sentence on one count. One judge dissented. Jacob Keith Meyer had pleaded guilty to four different charges, including possession of methamphetamine and grand larceny, and was given a sentence of eight years in prison, with five years suspended. This meant he would only have to serve the first five years right away, while the rest would be postponed under probation rules. However, in 2012, the State accused him of violating his probation by committing new crimes, which led to a hearing to determine whether he truly violated the terms of his probation. During the hearing, it was shown that contraband, including marijuana, was found in a mattress from the jail cell where Meyer had been sleeping. The evidence suggested that Meyer was aware of the contraband since it was hidden inside the mattress he was lying on. Although Meyer challenged the evidence, stating that it wasn't sufficient to prove he violated probation, the court believed there was enough proof to support the revocation of his suspended sentences for three of the four charges. However, Meyer’s sentence for the first count in one of the cases was too long according to the law, so the court decided to send that particular charge back to the lower court to set a proper sentence. This decision meant that while Meyer would still have his other sentences revoked, the court would not enforce the invalid sentence associated with the larceny charge for the amount it exceeded legal limits. The court ultimately ruled that it had the authority to affirm some parts of Meyer’s case while needing to correct others where the law had been misapplied.