In OCCA case No. RE-2019-850, Jade Christian Nichols appealed his conviction for the revocation of his suspended sentence. In a published decision, the court decided to reverse the order revoking four years of Appellant's suspended judgment and sentence and remanded the case for a new hearing before a different judge. One judge dissented.
In OCCA case No. F-2017-1261, Carlos Santana Gunter appealed his conviction for robbery with a dangerous weapon, assault, and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Carlos Santana Gunter was found guilty by a jury in Canadian County for robbery and two counts of assault and battery. He received a sentence of thirty years for each count. The judge ruled that Gunter must serve at least 85% of the robbery sentence before being eligible for parole, and the assault sentences were ordered to run concurrently with each other but consecutively to the robbery sentence. Gunter raised several arguments on appeal. First, he claimed that asking the victims about the effects of their injuries during the trial was improper and prejudiced his case. The court found that this testimony was relevant to establish elements of the crimes and did not affect the outcome significantly. Second, Gunter argued that his right to remain silent was violated when a police officer mentioned that he asked for an attorney during questioning. The court agreed this was an error but concluded that the evidence against Gunter was so strong that it did not impact the fairness of the trial. Third, Gunter challenged the use of his previous felony convictions to enhance his sentence, saying he didn’t have a lawyer during those earlier convictions. The court noted that Gunter had acknowledged those convictions during the trial and failed to show any actual error regarding legal representation. Fourth, he alleged prosecutorial misconduct, claiming the prosecutor made unfair comments that influenced the jury. The court found these comments did not render the trial unfair. Fifth, Gunter argued he did not receive effective legal counsel during the trial. However, the court decided that because his other claims did not merit relief, he could not prove ineffective assistance of counsel. Lastly, Gunter asserted that the combined errors in his case deprived him of a fair trial. The court ruled that even when considering all claimed errors together, they did not affect the outcome. In the end, the court affirmed Gunter's conviction and sentence, concluding that the evidence against him was compelling, and the trial was fair despite the issues raised.
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **TALISA NICOLE BANKS, Petitioner,** **v.** **STATE OF OKLAHOMA, Respondent.** **Case No. C-2018-415** **October 31, 2019** **SUMMARY OPINION GRANTING CERTIORARI** Judge Hudson presiding: On November 8, 2016, Talisa Nicole Banks entered blind pleas of guilty to the following charges: Count 1 - Distribution of Controlled Dangerous Substance - Marijuana; Count 2 - Unlawful Possession of Controlled Drug, Marijuana, With Intent to Distribute; and Count 3 - Possession of Controlled Dangerous Substance - Methamphetamine in the District Court of Texas County, Case No. CF-2016-64. Sentencing occurred on February 28, 2018, resulting in a combined fifteen-year sentence with conditions on Counts 1, 2, and 3. After sentencing, on March 7, 2018, Banks filed a motion to withdraw her guilty pleas, which was supported by an additional pro se letter outlining her reasons. A hearing on this motion was held on April 4, 2018, but was denied by the Honorable Jon Parsley, District Judge. Banks appealed, arguing she faced multiple forms of conflict regarding her legal representation, which adversely affected her ability to receive effective assistance during her plea withdrawal hearing. This Court has previously established the right to effective counsel at plea withdrawal hearings. The arguments presented by Banks indicated an actual conflict of interest, as her counsel simultaneously represented conflicting interests regarding claims made against his own effectiveness. The evidence suggests Banks was denied the opportunity for conflict-free representation, and thus a new hearing is warranted for the motion to withdraw her guilty pleas. **DECISION** The Petition for Writ of Certiorari is GRANTED. The case is REMANDED to the District Court for the appointment of new counsel for Banks’ motion to withdraw her guilty pleas and to conduct a new hearing regarding that motion. **Parties Appeared Below** - **Defense Counsel**: Robert H. Jaques - **Respondent Counsel**: Assistant District Attorney Buddy Leach; Oklahoma Attorney General Mike Hunter **OPINION BY**: HUDSON, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J. **[Download Full Decision](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-415_1734109426.pdf)**
**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)**
It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!
In OCCA case No. F-2018-375, Jones appealed his conviction for multiple offenses including possession of controlled substances and public intoxication. In a published decision, the court decided to affirm the termination of Jones from Drug Court and his sentencing, while also remanding a separate charge for correction regarding sentencing length for public intoxication. One judge dissented. Jones had multiple guilty pleas and was given the chance to participate in a Drug Court program with the understanding that if he successfully completed it, his charges would be dropped. However, if he failed, he would face prison time. Although he had some chances and was sanctioned when he did not adhere to the program, he repeatedly tested positive for drugs, which caused the state to move for his termination from the program. During the hearings, witnesses from the state presented evidence that showed Jones had a new arrest for driving under the influence of alcohol and had failed multiple drug tests. Jones's defense argued that he had made progress and changed for the better, but the judge decided to terminate him from the Drug Court program based on the evidence of his continued drug use and new charges. The court found that his actions justified the termination. Additionally, the court recognized an error in Jones's sentencing for public intoxication because it exceeded the maximum allowed by law. The court ordered that part of the case be sent back to correct the sentence. The final decision was to uphold the termination from Drug Court but allow a correction on the public intoxication charge's sentencing in a separate order.
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.
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.
In OCCA case No. F-2015-909, Ricky Nolan Ennis appealed his conviction for multiple offenses. In a published decision, the court decided to affirm the convictions but vacated the restitution order and remanded the case for a proper determination of the victim's loss. Ricky Nolan Ennis pled guilty to burglary and domestic assault and battery, with sentencing delayed so he could complete a rehabilitation program. After he completed the program, the court agreed to delay his sentencing for five years. However, later on, the State alleged he violated his probation by committing new crimes. He was tried by jury for these new charges and found not guilty of kidnapping but guilty of assault and battery with a dangerous weapon, assault and battery in the presence of a minor, and threatening violence. The jury recommended various sentences, which the judge followed along with increasing his sentences from the earlier cases due to probation violations. Ennis raised several arguments in his appeal, questioning whether he was properly advised about his right to appeal, claiming he did not plead to the new charges, and arguing that the trial judge considered irrelevant information and that the evidence against him was unfairly prejudicial. Ennis also claimed his attorney did not represent him effectively, that the prosecutor misbehaved, and that the sentences he received were excessive. After a thorough review, the court found Ennis's complaints about not being advised on the right to appeal and other issues did not warrant relief. They noted that he did not raise many of these issues in a timely manner and that most of his claims did not show he was denied a fair trial. However, the court did find an error in how restitution was determined, as there was not enough evidence to justify the amount ordered. Ultimately, the court’s decision affirmed Ennis’s convictions but also required the case to return to the lower court to correctly handle the victim's restitution claim.
In OCCA case No. C 2015-473, Johnny Allen Ross appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine) and Possession of a Controlled and Dangerous Substance (Marijuana). In an unpublished decision, the court decided to grant the appeal because Ross was denied effective assistance of counsel during the hearing on his motion to withdraw his guilty plea. One judge dissented.
In OCCA case No. C-2014-584, Gilbert Paz appealed his conviction for First Degree Felony Murder, Shooting with Intent to Kill, Conspiracy, Attempted Robbery with a Firearm, and Possession of a Firearm After Conviction of a Felony. In an unpublished decision, the court decided to vacate the District Court's denial of Paz's Motion to Withdraw Plea and remanded the case for further proceedings. One member of the court dissented. Gilbert Paz was involved in a serious crime case where he initially pleaded guilty to multiple charges. After some time, he wanted to take back his guilty pleas, claiming that he didn’t fully understand what he was doing when he agreed to the plea deal. He felt confused and believed his lawyer wasn't helping him properly. The case started when a burglary went badly, resulting in one person being killed and another being hurt. After his guilty pleas were accepted in court, Paz tried to withdraw them, but the judge said no. The judge continued to give him time to get a new lawyer but did not allow him to take back his pleas. Paz argued five main points in his appeal. He claimed that the judge helped too much during his plea negotiations, that his guilty plea was not made knowingly or intelligently, that he was denied his right to have a lawyer present during important parts of the trial, and that his lawyer did not provide effective help. He also claimed that all these issues together made it unfair for him. The court reviewed everything and determined that the main issue was that Paz did not receive the help of a lawyer when trying to withdraw his guilty pleas. Both Paz and the State agreed that he should have had a lawyer to assist him in this situation. The court recognized that without proper counsel, Paz's claim that his pleas were not voluntary could not be dismissed as harmless. As a result, the court decided to vacate the previous decision and send the case back to the District Court so they could properly address Paz's request to withdraw his pleas.
In OCCA case No. C-2010-1113, Rodney Gene Cullins appealed his conviction for several drug-related crimes. In an unpublished decision, the court decided to modify his fine but otherwise affirmed the trial court's judgment and denied his request to withdraw his guilty pleas. One judge dissented. Rodney Cullins was convicted of multiple felonies related to drugs, including manufacturing methamphetamine and possession of methamphetamine and marijuana. He entered a plea agreement that included participating in a Drug Court program, which he did not successfully complete, leading the state to seek his removal from the program. As a result, he was sentenced to life in prison and given various fines. Cullins later tried to withdraw his guilty pleas, claiming double jeopardy (being punished for the same crime twice), receiving incorrect information about his sentencing, and arguing that his sentences were too harsh. However, the court found that he had not raised some of these issues during his trial, making it difficult for them to review his case fully. For one issue regarding a fine that was too high, the court agreed and lowered the fine on one of his charges from $50,000 to $10,000. The court maintained that all other aspects of his sentence would remain as originally imposed. In summary, while Cullins had some success in reducing his fines, the bulk of his appeal was not successful, and his prison terms remained intact.
In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.
In OCCA case No. F-2008-824, Allen James Taylor appealed his conviction for multiple crimes including conspiracy and burglary. In an unpublished decision, the court decided to affirm his termination from Drug Court but ordered that his sentences should be served concurrently rather than consecutively. One judge dissented. In this case, the appellant had agreed to plead guilty and was initially sentenced with his sentences suspended, meaning he would not serve time in prison right away but had to follow conditions of probation. Later, the appellant breached the terms of his probation, leading to the state applying to revoke his suspended sentences. He then participated in a Drug Court program, which was intended to help him with substance abuse issues. However, after a while, he was terminated from this program due to more violations. When he was removed from Drug Court, the court ended up ordering him to serve his sentences one after the other instead of at the same time, which was against what was originally agreed upon. The court felt that this was not right and decided that the sentences should indeed run at the same time, completing the original terms set forth at the beginning. The appellant argued that he was not correctly represented by his lawyer when he entered Drug Court and that his original guilty plea should not be valid. However, the court noted these concerns were not the focus of this specific appeal regarding the Drug Court termination. In the end, the court confirmed the appellant’s Drug Court termination but corrected how his sentences were to be served, stating they should be concurrent rather than consecutive. This concluded the key aspects of the case.
In OCCA case No. RE-2008-753, the Appellant appealed his conviction for possession of marijuana and driving while privilege revoked. In an unpublished decision, the court decided to affirm the revocation of the Appellant's suspended sentences for most counts, but vacated the revocation of the suspended sentence for one count because the Appellant had already served that sentence. One member of the court dissented. Here's what happened: The Appellant had entered guilty pleas for multiple charges, including possession of drugs and driving offenses, and was given suspended sentences, meaning he would not serve time in jail as long as he followed the rules of his probation. Later, the state accused the Appellant of breaking the rules of his probation. After a hearing, the judge ruled to revoke all of his suspended sentences. The Appellant appealed, arguing that one part of the judge's decision was incorrect because he had already finished serving that part of his sentence. The court agreed and decided to remove the part of the revocation related to that count. However, the court did not find that the judge acted unfairly or excessively in revoking the other suspended sentences, as the Appellant did not comply with the probation requirements despite being given a second chance. In summary, while the Appellant lost the chance to keep those suspended sentences, one mistake in the original order was corrected.
In OCCA case No. C-2008-938, William Eugene Henderson appealed his conviction for multiple crimes including robbery, shooting with intent to kill, kidnapping, larceny of an automobile, third-degree arson, and assault and battery with a dangerous weapon. In a published decision, the court decided that Henderson's pleas of guilty were knowing and voluntary, affirming the sentences for most of the counts. However, the court found that the kidnapping charge was not separate from the robbery and reversed that conviction, ordering it to be dismissed. One judge dissented on the issue of the kidnapping conviction.
In OCCA case No. RE 2007-0484, Shaun Lee Gessel appealed his conviction for multiple charges including unauthorized use of a motor vehicle and threatening a witness. In a published decision, the court decided to affirm the revocation of his suspended sentences but ordered the cases to be sent back to the District Court for re-sentencing to fix the errors related to how the sentences were to run. One member of the court dissented.
In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.
In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.
In OCCA case No. C-2007-968, Aminu Inuwa appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In a published decision, the court decided that Inuwa was denied effective assistance of counsel because of an attorney-created conflict of interest. The decision was that his application to withdraw his guilty pleas was to be granted, and the case was sent back for a proper hearing on that application. One member of the court dissented.
In OCCA case No. RE-2005-863, the appellant appealed his conviction for several counts of burglary and for knowingly concealing stolen property. In a published decision, the court decided to modify the order of the District Court regarding the appellant's sentences, making them run concurrently as originally ordered instead of consecutively. One judge dissented.
In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.
In OCCA case No. C-2003-1342, Clifford Feaster appealed his conviction for robbery and other crimes. In an unpublished decision, the court decided that Feaster could not withdraw his guilty pleas, but they modified the judgment in one case. One judge dissented. Feaster had pleaded guilty in 1998 to several serious crimes, including robbery. After being sentenced to 45 years in prison, he tried to change his mind about the plea. The trial court initially did not allow him to withdraw it. The appeals court looked at Feaster's reasons for wanting to change his plea and held a hearing to examine the situation. Feaster argued that the trial judge did not provide enough information (a factual basis) for the guilty pleas and that he had not entered the pleas knowingly and voluntarily. However, the appeals court found that there was enough justification for his pleas and that he understood what he was doing when he agreed to plead guilty. In the final decision, the appeals court allowed a small change to the original judgment to make sure it correctly reflected what happened in the case, specifically concerning counts that were dropped. Overall, the appeals court did not find enough reason to let Feaster withdraw his guilty pleas.
In OCCA case No. C-2002-1136, the Petitioner appealed his conviction for Possession of a Stolen Vehicle and Eluding a Police Officer. In a published decision, the court decided to grant the petition in part, vacating the trial court's order regarding restitution and remanding for a restitution hearing. One Judge dissented.
In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple crimes including possession of controlled substances and shooting with intent to kill. In a published decision, the court decided to affirm most of the convictions but reversed the conviction for maintaining a vehicle used for the keeping or selling of controlled substances, due to insufficient evidence. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively.