Factual Basis for Plea 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-2010-260

Post author:Staff
Post published:July 20, 2011
Post category:C

In OCCA case No. C-2010-260, the petitioner appealed his conviction for ten counts of child sexual abuse. In an unpublished decision, the court decided to grant the petitioner’s request for a remand for a new hearing with conflict-free counsel. The case focused on whether the petitioner’s guilty plea was entered knowingly and intelligently, particularly regarding the requirement that he be a person responsible for the child's health, safety, or welfare. One judge dissented, arguing that the majority's discussion on the plea's validity was unnecessary and constituted advisory dicta.