C-2014-254

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In OCCA case No. C-2014-254, the petitioner appealed his conviction for embezzling over $25,000. In an unpublished decision, the court decided to affirm the trial court's ruling regarding the petitioner's motions, but vacated the restitution order and remanded the case for a new determination of the victim's loss. One judge dissented. The petitioner, who is William Reeves Cathey, was accused of embezzlement by the state. He pleaded guilty to the charge in 2012, and his sentencing was delayed multiple times so he could repay the money he took. When his sentencing finally took place in January 2014, he decided to represent himself after dismissing his lawyer due to their illness. The judge sentenced him to ten years in prison, but allowed him to suspend six years of that sentence and ordered him to pay $96,500 in restitution to the victim. Before he was sentenced, the petitioner made several requests to withdraw his guilty plea and to disqualify the District Attorney's office, claiming it was unfair. The court denied these requests. He also claimed that he did not understand the plea agreement because he thought the maximum fine would be much lower than what it was. He felt that the judge had not properly explained the charges to him when he entered his plea and claimed this made his plea involuntary. During the appeal process, the court looked at the petitioner's points. They decided that his concerns about the restitution order were valid. The court found that the lower court had not made it clear how the restitution amount was determined, and they thought that a new hearing was needed to sort this out. The court also rejected all of the petitioner's other arguments. They believed that he had entered his plea knowingly and that his sentence, while long, was not excessively severe. In conclusion, the court confirmed the denial of his motions to withdraw his plea but returned the issue of the restitution amount back to the trial court for further evaluation.

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C-2010-287

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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.

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