Certiorari Review

C-2021-504

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In OCCA case No. C-2021-504, Starlyn Sean Hill appealed his conviction for multiple serious crimes, including aggravated possession of child pornography and multiple counts of rape and sodomy. In an unpublished decision, the court decided to grant his appeal, allowing him to withdraw his guilty plea. One judge dissented from the opinion. Hill had pleaded guilty to several counts, and upon sentencing, he received a lengthy prison term. After his plea, he filed a motion to withdraw it, arguing that he felt rushed into making his decision and that he was misinformed about the potential consequences. He also raised issues regarding the statute of limitations for some of the charges, claiming that ten of them should not have been prosecuted because they were filed too late. The court reviewed the case and found that the prosecution for some of the counts may indeed have been beyond the statute of limitations. They concluded there were errors in how Hill’s plea was accepted, particularly as he did not properly waive his right to challenge the statute of limitations on several counts. This led the court to determine that his guilty plea was not made voluntarily or intelligently. As a result, the court vacated Hill's judgment and sentence and instructed that he be allowed to withdraw his guilty plea. The case was sent back to the lower court for further proceedings that would not contradict this new decision.

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F-2019-496

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In OCCA case No. F-2019-496, Patrick Wayne Olive appealed his conviction for Trafficking in Illegal Drugs, Speeding in a Posted Zone, and Possession of Contraband in a Penal Institution. In a published decision, the court decided to vacate Olive's convictions and remand the case with instructions to dismiss. One judge dissented. Olive was convicted in the District Court of Muskogee County on three charges and sentenced to thirty-two years for drug trafficking, along with fines and jail time for the other charges. Olive argued that the court did not have the right to prosecute him because he is an enrolled member of the Cherokee Nation and the crimes took place within the boundaries of the Muscogee (Creek) Reservation. The OCCA reviewed Olive's claims and found that he indeed had Indian heritage and was a registered member of the Cherokee Nation at the time of the offenses. They confirmed that the crimes occurred within the Creek Reservation. The court's decision relied heavily on a previous Supreme Court case called McGirt v. Oklahoma, which determined that Oklahoma lacks jurisdiction over crimes committed by Native Americans in certain areas recognized as reservations. Because of this ruling, the OCCA concluded that the Muskogee County District Court did not have the authority to prosecute Olive. After considering all the evidence and arguments, the court vacated Olive's judgment and sentence and directed the lower court to dismiss the charges against him. This meant that Olive's criminal convictions were erased, and he would not serve the sentences that had been handed down.

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C-2018-698

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The text you provided is a legal summary opinion from the Court of Criminal Appeals of the State of Oklahoma, regarding the case of Joe Saucedo Guerrero. The opinion details the background of the case, the pleas entered by the petitioner, the subsequent motion to withdraw those pleas, and the court's final decision denying the petitioner's request for relief. Here is a breakdown of the main points: 1. **Case Background**: - Joe Saucedo Guerrero pled guilty to multiple charges including Lewd or Indecent Proposal to a Child, Soliciting a Minor for Indecent Exposure/Photos, and Possession of Child Pornography. - He was sentenced to a total of twenty years for the first seven counts and five years for the eighth count, with all sentences running consecutively. 2. **Motion to Withdraw Plea**: - Guerrero filed a motion to withdraw his guilty pleas shortly after sentencing, claiming his pleas were not entered knowingly and voluntarily, misunderstanding of the charges, ineffective assistance from his counsel, and that the sentences were excessive. - The judge denied this motion after a hearing where Guerrero was the only witness. 3. **Propositions of Error**: - The court examined Guerrero's arguments which included claims of inadequate factual basis for the pleas, ineffective assistance of counsel, and that the sentences were excessive. - The court found that Guerrero had waived some claims due to failure to raise them properly in his motion or during the hearing. 4. **Court's Findings**: - The court held that Guerrero's pleas were entered knowingly and voluntarily, especially since he had been informed of all charges and had signed a plea form acknowledging them. - The court found no evidence of ineffective assistance of counsel that warranted the withdrawal of his plea. - The court concluded that the sentences imposed were within statutory limits and not excessive. 5. **Final Decision**: - The court denied Guerrero's petition for certiorari and affirmed the district court's judgment and sentence. This summary captures the critical elements of the judicial opinion and reflects the legal reasoning utilized by the court in reaching its conclusion.

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C-2018-834

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** FILED JUN 27 2019 **Case No. C-2018-834** **TAMMERA RACHELLE BAKER,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. --- **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: Tammera Rachelle Baker, Petitioner, entered a blind plea of guilty to first degree manslaughter, in violation of 21 O.S.2011, § 711, in the District Court of Delaware County, Case No. CF-2017-157. The Honorable Robert G. Haney, District Judge, found Petitioner guilty. The Honorable Barry V. Denny, Associate District Judge, later sentenced Appellant to thirty (30) years imprisonment, with ten (10) years suspended, and a $1,000.00 fine. Petitioner filed an application to withdraw the plea, which was denied. She now seeks a writ of certiorari in the following propositions of error: 1. The plea was not knowingly and intelligently entered into as Petitioner believed the court would not impose more than ten years and relied on misinformation from her attorney regarding witness testimony. 2. Petitioner received ineffective assistance of counsel during her plea proceedings. 3. The sentence imposed post-plea is shockingly excessive due to improper victim impact statements. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a competent jurisdiction, whether the sentence is excessive, whether counsel was constitutionally effective, and whether the State has the power to prosecute. The Court will not review issues not raised in the motion to withdraw the guilty plea. The trial court's ruling on a motion to withdraw a plea is reviewed for an abuse of discretion unless it involves statutory or constitutional interpretation, which is reviewed de novo. **Proposition One**: Petitioner argues her plea was involuntary due to reliance on her attorney's misinformation regarding sentencing expectations. The record refutes this argument, indicating that the plea was voluntary; therefore, no relief is warranted. **Proposition Two**: Petitioner alleges ineffective assistance of counsel and requests an evidentiary hearing. Claims are assessed under the Strickland v. Washington test. Petitioner has not shown clear evidence to support a finding of ineffective assistance, thus this proposition and the request for a hearing are denied. **Proposition Three**: Petitioner claims her sentence is excessive. The Court will only disturb a sentence within statutory limits if it shocks the conscience. The facts of this case do not meet that threshold, so no relief is warranted. **DECISION**: The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES:** **TRIAL** Lee Griffin, Attorney for Appellant Kathy Baker, Attorney for Withdrawal **APPEAL** Katrina Conrad-Legler, Attorney for Appellant Nicholas P. Lelecas, Assistant District Attorney for the State **OPINION BY**: LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- For full ruling, [click here to download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-834_1734180202.pdf).

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C-2018-685

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ORIE DANIEL HILL,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-685** **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: **Background:** Orie Daniel Hill, Petitioner, entered a blind plea of nolo contendere to multiple charges including: first-degree rape (victim under age fourteen), rape by instrumentation, lewd or indecent acts to a child under sixteen, and child sexual abuse. The trial court sentenced him to thirty years imprisonment on each count to be served concurrently and mandated three years of post-imprisonment supervision. Hill later filed a motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily, and that he was denied effective assistance of counsel. **Issues Raised:** 1. The trial court abused its discretion in denying Hill's motion to withdraw his plea; 2. Hill was denied effective assistance of counsel. **Facts:** The case involved allegations against Hill related to inappropriate sexual behavior towards an 8-year-old girl, A.H. The investigation included statements from the victim and forensic evidence, including DNA linking Hill to the offenses. **Analysis:** The court's review is limited to whether the plea was entered voluntarily and intelligently, whether the sentence was excessive, and whether counsel was effective. The burden is on Hill to demonstrate that his counsel was ineffective or that he did not fully understand the plea agreement. 1. **Proposition One:** The court concluded that Hill knowingly, intelligently, and voluntarily entered his plea. He was informed of his rights and the potential consequences. Despite Hill's claim of feeling pressure and receiving poor legal advice, the court found no evidence supporting these assertions. 2. **Proposition Two:** Hill’s claim of ineffective assistance of counsel did not meet the standard established in Strickland v. Washington, which requires showing both deficient performance and resulting prejudice. The court ruled that counsel’s advice was sound and appropriately reflected the realities of the situation, including the potential for harsher sentences if the case went to trial. **Conclusion:** The petition for a writ of certiorari is DENIED, and the judgment and sentence are AFFIRMED. **MANDATE:** Ordered issued upon delivery and filing of this decision. --- **APPEARANCES:** - **For Appellant:** David R. Slane; Nicollette Brandt - **For the State:** Chris Anderson, Assistant District Attorney **OPINION BY:** Lewis, P.J. **Concur:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-685_1734175737.pdf)

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C-2018-372

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LAVONTE ANTONIO JOHNSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-372** **SUMMARY OPINION DENYING PETITION FOR WRIT OF CERTIORARI** **Filed May 39, 2019** **JOHN D. HADDEN, CLERK** **LEWIS, PRESIDING JUDGE:** Lavonte Antonio Johnson, Petitioner, pled guilty to using a vehicle to facilitate the intentional discharge of a firearm, in violation of 21 O.S.2011, § 652(B), in the District Court of Oklahoma County, Case No. CF-2014-2033. The Honorable Susan K. Johnson, Special Judge, accepted the plea and deferred judgment for five (5) years, subject to rules and conditions of probation. The State later moved to accelerate the judgment, alleging that Petitioner violated the rules and conditions of probation by possessing a firearm and jumping bail. The Honorable Ray C. Elliott, District Judge, accelerated judgment and sentenced Petitioner to twenty-seven (27) years imprisonment. Petitioner filed a motion to withdraw his guilty plea, which the trial court denied. Petitioner now seeks a writ of certiorari based on the following propositions of error: 1. Petitioner did not knowingly and voluntarily enter his plea of guilty, and the district court erred when it denied his application to withdraw the plea. 2. Petitioner received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution. 3. Petitioner’s 27-year sentence is excessive under the Eighth Amendment and shocks the conscience. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction, whether the sentence is excessive, whether counsel was effective at either the plea hearing or the withdrawal hearing, and whether the State has the power to prosecute the defendant. ### Proposition One In this proposition, Petitioner claims that the record shows he did not voluntarily enter his plea, due to a notational error by his counsel regarding the 85% rule applicable to his sentence. The court points out that a valid plea represents a voluntary and intelligent choice among alternatives. The ruling on a motion to withdraw a plea is reviewed for abuse of discretion. The trial court concluded that despite the error, Petitioner was properly informed about the 85% crime classification, denying this proposition. ### Proposition Two Petitioner argues that his counsel failed to adequately advise him regarding the ramifications of the 85% rule, thus rendering his plea involuntary. The court reviews this claim under the two-pronged Strickland standard for ineffective assistance of counsel. The court found that Petitioner did not show that counsel's performance was deficient or that it prejudiced him, denying this proposition. ### Proposition Three Petitioner argues that his sentence is excessive. The court notes that a sentence within the statutory range will not be modified unless it shocks the court's conscience. Given that Petitioner violated probation for a violent felony by possessing a firearm and jumping bail, the court finds that the sentence does not shock the conscience, thus denying this proposition. ### Decision The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** ### APPEARANCES AT TRIAL **TONY COLEMAN** **ATTORNEY FOR PETITIONER** ### APPEARANCES ON APPEAL **ANDREA DIGILIO MILLER** **ATTORNEY FOR PETITIONER** **LORENZO BANKS** **THOMAS HURLEY** **ATTORNEYS FOR DEFENDANT** **DANIEL POND** **ATTORNEY FOR THE STATE** **OPINION BY: LEWIS, P.J.** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-372_1734105356.pdf)

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C-2013-973

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In OCCA case No. C-2013-973, Nick Rodriguez appealed his conviction for Driving Under the Influence with Great Bodily Injury, Driving a Motor Vehicle While Under the Influence of Alcohol (Subsequent Felony), and Driving with License Revoked. In an unpublished decision, the court decided to affirm the convictions and sentences for Driving Under the Influence with Great Bodily Injury and Driving with License Revoked but to reverse and dismiss the conviction for Driving a Motor Vehicle While Under the Influence of Alcohol (Subsequent Felony). One justice dissented. Rodriguez was charged in Garfield County after entering a plea of nolo contendre, which means he did not contest the charges. He was sentenced to 10 years for each of the first two counts, which were to be served one after the other, while he received a one-year sentence for the last count, to be served at the same time as one of the other sentences. Rodriguez later asked to withdraw his pleas, but the court denied his application. He claimed his appeals were based on four main points: 1) that he should not have been punished for both charges of DUI because it was against the rules, 2) that he did not understand what he was doing when he pleaded guilty, 3) that he did not get good help from his lawyer, and 4) that his sentence was too harsh. The court reviewed his arguments. For the first point, they noted that Rodriguez didn't mention this issue when he first asked to withdraw his pleas, so they couldn't consider it now. The court also found that Rodriguez's pleas were made voluntarily, meaning he understood what he had done. His argument about not having a good lawyer was accepted partly because the lawyer had not raised the double punishment issue. In the end, the court decided to keep the first and third convictions but agreed to toss out the second conviction because it was unfair to punish him twice for the same action. However, they determined that the remaining sentences were suitable based on the situation, meaning they found no reason to change them. Through this decision, the court tried to ensure fairness and that justice was served correctly in the case against Rodriguez.

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C 2006-497

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In OCCA case No. C 2006-497, Tommy Lee Williams appealed his conviction for Child Abuse. In a published decision, the court decided to modify Williams' sentence. One judge dissented. Tommy Williams pleaded guilty to Child Abuse, which is a serious crime involving harm to children. He was initially given a very long sentence of life in prison, but with 30 years of it suspended, meaning he wouldn't have to serve that part if he followed certain rules while on probation. The court also said he would need to follow rules as a violent offender for his whole life. Williams didn't agree with the sentence. He thought it was way too harsh. He also mentioned that the judge might have taken unproven bad behavior into account when deciding the punishment. Williams' lawyers believed that the judge had made some mistakes, so they filed a motion asking the court to let him change his guilty plea. They pointed out four main issues they thought were problems with the judge's decisions. First, they argued that the length of the sentence was surprising and excessive. Second, they felt the judge didn't check if Tommy was mentally ready to go through with the plea. Third, they claimed it wasn’t fair for the judge to make Williams be on supervision for life, as that's a long time. Fourth, they said Tommy wasn't clearly told about the potential length of his sentence and a special rule that could mean he'd have to serve 85% of his time before getting out. The court looked through all the information presented in the case. They decided that Williams' sentence was too harsh when they compared it with similar cases. They agreed that some of the reasons the trial judge gave for his decision weren't valid. Child abuse is serious, but the punishment given to Williams felt wrong to the appeals court. About the lifetime supervision, the court believed that was also not right. They then concluded that they needed to change the sentence to make it fairer. In the end, the court lowered Williams' sentence to 20 years instead of life. They said he would still need to follow rules during his time in prison, but that the earlier sentence was just too much for the crime he committed. They sent the case back to the lower court to make sure their decision was put into action.

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C 2004-69

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In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.

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