Confession of Error Archives

C-2004-598

Post author:Staff
Post published:August 12, 2005
Post category:C

In OCCA case No. C-2004-598, Seno McKinley Speed appealed his conviction for multiple charges, including possession of a controlled substance, eluding a police officer, and resisting an officer, among others. In a published decision, the court decided to grant Speed’s request to withdraw his guilty pleas for the misdemeanor charges and allowed him to proceed to trial. The court agreed there was no factual basis for those misdemeanor pleas, which led to the decision. There was no dissent in this case.

RE-2003-640

Post author:Staff
Post published:April 30, 2004
Post category:RE

In OCCA case No. RE-2003-640, the appellant appealed his conviction for the revocation of his suspended sentence. In a published decision, the court decided to reverse the district court's order revoking the appellant's suspended sentence. One judge dissented. The appellant had a one-year suspended sentence, and the State filed a request to revoke it. The appellant said he did not do anything wrong and pleaded not guilty. A hearing took place, and the court decided to revoke his sentence. The appellant then appealed this decision. Later, the court found that the first court should not have revoked the sentence because of a timing issue. The appellant's waiver to shorten the waiting period was not done on time. Since this was a mistake, the appeals court decided to dismiss the request to revoke his sentence and canceled the earlier decision. As a result, the appellant's original sentence was not revoked, and he was no longer under that revoked sentence.