Counsel Representation

J-2019-65

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **G.E.J., Appellant, v. THE STATE OF OKLAHOMA, Appellee.** **No. J-2019-65** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA MAY 23, 2019 JOHN D. HADDEN ROWLAND, JUDGE** **SUMMARY OPINION** On August 27, 2018, G.E.J. was charged as a juvenile with (1) Soliciting for First Degree Murder and (2) Reckless Conduct with a Firearm in Rogers County District Court. A show cause hearing was held, resulting in probable cause for continued juvenile detention. G.E.J. eventually entered a no contest stipulation leading to adjudication as a delinquent on October 30, 2018. Following a hearing on January 17, 2019, the trial court denied his motion to withdraw the stipulation. G.E.J. raised several issues on appeal regarding the denial of due process, the voluntariness of his plea, claims of ineffective assistance of counsel, and the sufficiency of proceedings leading to his stipulation. The Court reviewed the claims in light of the record and hearings. The Court affirmed the lower court’s ruling, emphasizing: 1. **Detention Period**: G.E.J. argued that he was detained for 24 days before charges were filed, which he claimed constituted a denial of due process. The Court found that he was represented by counsel during this period and had a bond set, distinguishing his case from precedent cases involving more severe delays without legal representation or bonding. 2. **Voluntariness of Plea**: G.E.J. contended that his plea was not knowing and voluntary, citing that he believed he would be released upon entering the stipulation. However, testimonial evidence indicated that his attorney’s statements were not misleading and that G.E.J. was adequately informed of the charges and the evidence against him. 3. **Ineffective Assistance of Counsel**: Claims of ineffective assistance were examined under the Strickland standard, requiring a showing of deficient performance and resulting prejudice. The Court found no shown deficiency by his attorneys and ruled that even if there were lapses, they did not prejudice the outcome. 4. **Factual Basis for Stipulation**: The absence of a lengthy factual basis during the stipulation hearing did not undermine the sufficiency of the process; the Court noted adequate evidence existed to support the stipulation through prior hearings. The appeal was evaluated under the standards for an abuse of discretion, and the findings of the trial judge who observed G.E.J. throughout the proceedings were upheld. **DECISION**: The Court affirmed the decision of the Rogers County District Court, upholding the denial of G.E.J.’s motion to withdraw his stipulation. **Counsel for Juvenile**: Jeffrey Price **Counsel for Appellant**: Sarah MacNiven **Counsel for State**: Edith Singer **OPINION BY: ROWLAND, J.** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-65_1734448303.pdf)

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C-2018-489

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**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

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C-2016-38

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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.

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RE 2013-0523

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In OCCA case No. RE 2013-0523, Michelle Renea Runco appealed her conviction for Neglect by Caretaker. In a published decision, the court decided to reverse the revocation of her suspended sentence and send the case back for a new hearing with legal representation. One judge dissented.

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J-2005-549

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In OCCA case No. J-2005-549, the appellant appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the previous ruling and remand the case for a new certification hearing. One judge dissented. The case involved a fourteen-year-old who was charged as an adult with murder. The court first evaluated whether the appellant was competent to stand trial. Initially, he was found incompetent but later deemed competent after receiving training and treatment. The appellant sought to be classified as a youthful offender or juvenile instead of being tried as an adult. During the certification hearing, the appellant's attorney did not present any evidence to support this request. The court determined that the attorney failed to provide adequate representation by not investigating or suggesting experts until after the state had already presented its case. As a result, the court found that the appellant's rights were violated due to ineffective assistance of counsel. The court ruled that the appellant should receive a new hearing with proper legal support, including expert witnesses, to help his argument for being treated as a juvenile or youthful offender. The court emphasized the importance of moving quickly on the case due to delays that had previously occurred.

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F 2002-1481

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In OCCA case No. F 2002-1481, Anthony John Hathcock appealed his conviction for Omitting To Provide For Minor Child. In a published decision, the court decided to reverse and remand the case for a new acceleration hearing. One judge dissented. Here's what happened: Hathcock pled no contest to the charges in November 2001 and was given a five-year deferred sentence. This means he didn't go to prison right away but had to follow certain rules, like paying child support. He was supposed to pay $100 a month for current support and catch up on a larger amount he owed. However, the State said he failed to make these payments and asked the court to speed up his sentence, which was called accelerating the sentence. A hearing took place in June 2002 where Hathcock represented himself, meaning he didn't have a lawyer. The judge decided that Hathcock broke the rules of his deferred sentence and sentenced him to one year in prison. Hathcock then appealed this decision, saying three main things. First, he claimed he didn’t effectively waive his right to have a lawyer. Second, he argued that the State didn't provide good evidence to justify speeding up his sentence. Third, he pointed out that it was unclear what his new sentence was supposed to be. The court looked at these claims during the appeal. They agreed with Hathcock that he did not properly waive his right to a lawyer and that this was an important issue. Because of this, the court decided to reverse the earlier decision and send it back to the lower court for a new hearing, ensuring that Hathcock would have legal representation this time. Overall, the court's order was that Hathcock's sentence acceleration was not valid as he was not given proper legal help during the initial proceedings.

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