In OCCA case No. C-2010-287, Juan Carlos Hernandez-Montanez appealed his conviction for multiple crimes including Second Degree Burglary, Kidnapping, and Assault with a Dangerous Weapon. In a published decision, the court decided to modify his ten-year sentence for Second Degree Burglary to seven years but upheld the rest of the convictions and sentencing. One judge dissented regarding the review process. Hernandez-Montanez was initially charged with many serious crimes but agreed to a plea deal that changed the charges. He pleaded guilty to the amended counts and was sentenced to serve a total of time in prison and jail. After a short period, he wanted to take back his guilty plea, claiming it wasn't done correctly. The case was reviewed, and the court looked closely at the reasons Hernandez-Montanez gave for wanting to withdraw his plea. He said his ten-year sentence was too long and that the court did not fully check if he understood his guilty plea. He also claimed he did not get proper help from his attorney during the process. After reviewing everything, the court found that Hernandez-Montanez's arguments did not hold up. They decided that there was a good reason to accept his guilty plea and that he understood what he was doing. The court modified one part of his sentence but left the rest as it was. The judges agreed on most points, but one judge had a different opinion about some legal processes.
