Cumulative Sentences Archives

C-2018-977

Post author:Staff
Post published:August 29, 2019
Post category:C

**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)**

C-2018-688

Post author:Staff
Post published:November 7, 2018
Post category:C

In OCCA case No. C-2018-688, the petitioner appealed his conviction for concealing stolen property, endeavoring to distribute marijuana, and possession of a sawed-off shotgun. In a published decision, the court decided to deny the petition for certiorari but remanded for further proceedings. One judge dissented. On January 6, 2015, the petitioner entered guilty pleas for the above crimes and was put in a program meant to help young adults. After showing good behavior, the court decided in August 2015 to delay his sentencing for ten years, allowing him to be on probation with some financial responsibilities. However, in March 2018, the state said the petitioner had broken his probation by committing new crimes, so they asked to speed up the sentencing. In May 2018, the court accepted the petitioner's guilty pleas for the new crimes, which included possession of a controlled substance and public intoxication, and imposed additional sentences. Altogether, he was sentenced to twelve years in prison. The petitioner then tried to take back his guilty pleas, but the court denied this request. He appealed this decision, bringing up several arguments. He felt the financial penalties were unfair and too high, that he did not receive good legal help, and that the total twelve-year sentence was excessive given his previous achievements in the diversion program. The court looked at these claims carefully but decided that while some of the fines were too high, particularly calling for a correction of the $1,000 fee in his case involving concealing stolen property, they would not change the length of the total prison time. They said the sentences were within the law and not shockingly excessive, affirming the lower court's decisions in many respects. The court concluded that they would not change the ruling on the guilty pleas but would send the case back for hearings on the issues related to the fines and costs.

C-2018-687

Post author:Staff
Post published:November 7, 2018
Post category:C

In OCCA case No. C-2018-687, the petitioner appealed his conviction for concealing stolen property and drug-related crimes. In a published decision, the court decided to deny the petition but remanded for further proceedings. One judge dissented. In OCCA case No. C-2018-688, the petitioner also raised issues about his sentences and fines. He argued that the fines were too high, and he expressed concerns about the costs of his incarceration. The court found some merit in his claims, particularly regarding the fines exceeding legal limits and the lack of consideration for his mental health concerning incarceration costs. However, the court did not find that the total sentences were excessively long. The petitioner had previously pleaded guilty to charges and was placed in a program for young adults but later faced new misdemeanor charges, leading to the state seeking to accelerate his sentencing. Ultimately, while the court upheld the denial of his request to withdraw his pleas, it recognized problems regarding the assessment of fines and costs, which warranted a remand for further investigation. Thus, the case will go back to the lower court for resolution of these issues.