Knowing and Voluntary Plea

C-2018-1235

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**COURT OF CRIMINAL APPEALS OF OKLAHOMA** **STATE OF OKLAHOMA** **AUGUST 29, 2019** **CASE NO. C-2018-1235** **ROY DEAN HARJO,** *Petitioner,* **vs.** **THE STATE OF OKLAHOMA,** *Respondent.* **SUMMARY OPINION DENYING CERTIORARI** **KUEHN, VICE PRESIDING JUDGE:** Roy Dean Harjo entered a blind plea to Counts I, Assault and Battery with a Deadly Weapon, and Counts II-V, Assault with a Dangerous Weapon, after previous convictions for two or more felonies, in the District Court of Pottawatomie County, Case No. CF-2017-665. Following a sentencing hearing, the Honorable John Canavan sentenced Harjo to life on each Count I-V, concurrent for Counts II-V but consecutive to Count I, requiring Harjo to serve 85% before parole eligibility. Harjo filed a motion to withdraw his pleas, which was denied after a hearing on November 28, 2018. Harjo then filed a timely Petition for Writ of Certiorari, asserting four propositions of error: I. Harjo should be allowed to withdraw his pleas for Counts II-V due to lack of factual basis. II. His plea was not knowing and voluntary because he was uninformed about sentencing ranges, violating his rights under the Constitution. III. His plea was not knowing and voluntary due to misinformation regarding sentencing. IV. He was denied effective assistance of counsel. **Decision:** After comprehensive review, we find the evidence does not warrant relief. Proposition I cannot be considered as it was not presented in the motion to withdraw or the certiorari petition. In Propositions II and III, we find the pleas were knowing and voluntary. Harjo's assertion that he believed he would receive a thirty-year maximum sentence is contradicted by the record, which shows he understood the plea form stating potential life sentences. Therefore, his claims regarding plea counsel’s advice lack merit. In Proposition IV, we determine that there was no ineffective assistance from either plea or conflict counsel. Harjo's claim regarding the factual basis for his plea is unsupported, as ample facts exist to justify the plea. Any assertion that conflict counsel was ineffective for not challenging plea counsel also fails, as no substantial claims could have been made given the determination of a solid factual basis. **Conclusion:** The Petition for Writ of Certiorari is therefore **DENIED**. Upon filing this decision, the **MANDATE is ORDERED issued.** **This decision is concurred by all Justices.** --- *To view the complete decision, click [here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1235_1734229271.pdf).*

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J-2019-65

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **G.E.J., Appellant, v. THE STATE OF OKLAHOMA, Appellee.** **No. J-2019-65** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA MAY 23, 2019 JOHN D. HADDEN ROWLAND, JUDGE** **SUMMARY OPINION** On August 27, 2018, G.E.J. was charged as a juvenile with (1) Soliciting for First Degree Murder and (2) Reckless Conduct with a Firearm in Rogers County District Court. A show cause hearing was held, resulting in probable cause for continued juvenile detention. G.E.J. eventually entered a no contest stipulation leading to adjudication as a delinquent on October 30, 2018. Following a hearing on January 17, 2019, the trial court denied his motion to withdraw the stipulation. G.E.J. raised several issues on appeal regarding the denial of due process, the voluntariness of his plea, claims of ineffective assistance of counsel, and the sufficiency of proceedings leading to his stipulation. The Court reviewed the claims in light of the record and hearings. The Court affirmed the lower court’s ruling, emphasizing: 1. **Detention Period**: G.E.J. argued that he was detained for 24 days before charges were filed, which he claimed constituted a denial of due process. The Court found that he was represented by counsel during this period and had a bond set, distinguishing his case from precedent cases involving more severe delays without legal representation or bonding. 2. **Voluntariness of Plea**: G.E.J. contended that his plea was not knowing and voluntary, citing that he believed he would be released upon entering the stipulation. However, testimonial evidence indicated that his attorney’s statements were not misleading and that G.E.J. was adequately informed of the charges and the evidence against him. 3. **Ineffective Assistance of Counsel**: Claims of ineffective assistance were examined under the Strickland standard, requiring a showing of deficient performance and resulting prejudice. The Court found no shown deficiency by his attorneys and ruled that even if there were lapses, they did not prejudice the outcome. 4. **Factual Basis for Stipulation**: The absence of a lengthy factual basis during the stipulation hearing did not undermine the sufficiency of the process; the Court noted adequate evidence existed to support the stipulation through prior hearings. The appeal was evaluated under the standards for an abuse of discretion, and the findings of the trial judge who observed G.E.J. throughout the proceedings were upheld. **DECISION**: The Court affirmed the decision of the Rogers County District Court, upholding the denial of G.E.J.’s motion to withdraw his stipulation. **Counsel for Juvenile**: Jeffrey Price **Counsel for Appellant**: Sarah MacNiven **Counsel for State**: Edith Singer **OPINION BY: ROWLAND, J.** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-65_1734448303.pdf)

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C-2018-489

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**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

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C-2014-584

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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.

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C-2009-317

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In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

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