Felony DUI Archives - OCCA Opinions

C-2013-973

Post author:Staff
Post published:September 8, 2014
Post category:C

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 In an unpublished decision, the court decided to affirm the convictions and sentences for Driving Under the Influence with Great Bodily Injury and Driving with License Revoked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.

C-2003-31

Post author:Staff
Post published:November 7, 2003
Post category:C

In OCCA case No. C-2003-31, Nemol Joe Fox appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense, and misdemeanor Driving Under Revocation. In a published decision, the court decided to grant the petition for a writ of certiorari. One judge dissented. Mr. Fox entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. He was sentenced to ten years imprisonment, with five years suspended, plus fines for both charges. He later asked to withdraw his plea, saying he didn’t fully understand what he was agreeing to. The court found that Mr. Fox was not properly advised about the option of treatment for his drinking problem, which is allowed under the law for such cases. Because of this, the court decided that his plea should be allowed to be withdrawn. The original sentence was reversed, and Mr. Fox was granted another chance to address these issues. One judge disagreed, stating that the trial court likely considered all options, including treatment, when deciding on the sentence. The dissenting judge felt that Mr. Fox should not get to change his plea because he and his lawyer had not raised this issue earlier in court. Overall, the main decision was that Mr. Fox did not get the fair chance he should have had to understand his options, specifically regarding treatment for his alcohol issues.