Knowingly and Voluntarily Archives

C-2018-1002

Post author:Staff
Post published:June 13, 2019
Post category:C

**Summary of Case No. C-2018-1002: Carey James Buxton v. The State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Date Filed:** June 13, 2019 **Parties:** - **Petitioner:** Carey James Buxton - **Respondent:** The State of Oklahoma **Background:** Carey James Buxton entered a negotiated plea of no contest on multiple criminal charges across three cases in the District Court of Kay County. The charges included unlawful possession of drug paraphernalia, unlawful possession of a controlled dangerous substance with intent to distribute, second-degree burglary, and knowingly concealing stolen property. The plea agreement included entering a drug court program, which promised potential leniency upon completion. **Plea Agreement Details:** - **Successful Completion:** District Attorney would recommend dismissal of certain charges and suspended sentences. - **Failure:** Imposition of lengthy prison time. The State later filed a motion to terminate Buxton from the drug court program, which was granted after a hearing. Consequently, Buxton was sentenced according to the plea agreement. Attempting to contest this outcome, Buxton filed a motion to withdraw his plea, claiming it was not knowingly and voluntarily entered. **Issues on Appeal:** Buxton appealed the denial of his motion to withdraw his plea, arguing that the district court abused its discretion by not allowing him to withdraw due to the involuntariness of his plea. **Court Findings:** The Oklahoma Court of Criminal Appeals reviewed the district court's decision, determining that: 1. The review of the denial of a motion to withdraw a plea is for an abuse of discretion. 2. It is the petitioner's burden to prove that there was a defect in the plea process. 3. The district court based its ruling on a comprehensive review of the record, included plea forms, and Buxton's testimony. Ultimately, the appeal court found no abuse of discretion in the district court’s denial of Buxton's request to withdraw his plea, affirming the decision. **Decision:** - The Petition for a Writ of Certiorari is DENIED. - The district court's denial of Buxton's Motion to Withdraw Plea is AFFIRMED. **Mandate:** The mandate will be issued following the filing of this decision as per the applicable court rules. **Opinion Author:** Judge Rowland **Concurring Judges:** Lewis, Kuehn, Lumpkin, Hudson

M-2017-739

Post author:Staff
Post published:May 1, 2018
Post category:M

In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

C-2016-140

Post author:Staff
Post published:January 12, 2017
Post category:C

In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

C-2016-38

Post author:Staff
Post published:November 7, 2016
Post category:C

In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

C-2009-48

Post author:Staff
Post published:August 31, 2009
Post category:C

In OCCA case No. C-2009-48, Malissa Latoya Hamill appealed her conviction for First Degree Rape. In a published decision, the court decided to grant her request and remand the case for a new hearing on her motion to withdraw her plea of no contest. One member of the court dissented. Malissa Hamill had entered her plea in the District Court of Bryan County and was given a ten-year suspended sentence along with a fine. Later, she wrote a letter to the court asking to withdraw her plea, claiming it was not made knowingly and voluntarily. The court held a hearing on her motion, during which she represented herself without a lawyer. The judge believed she had waived her right to have a lawyer assist her, but the court found that this waiver wasn't clear. During the appeal, the issues were whether Hamill knowingly gave up her right to have a lawyer present and whether her plea was truly made in an informed way. The court noted that a defendant has the right to attorney assistance when trying to withdraw a plea. If this right is denied, it can be considered an error unless it's clear that the defendant wouldn't have been able to withdraw their plea anyway. Hamill's claims of innocence and concerns about the validity of her plea could not be disregarded based on the existing records, which were incomplete. Because there was no proper record of what was discussed during her initial plea, the court decided that it couldn’t confirm whether Hamill had fully understood the punishment when she made her plea. This lack of clarity led the court to conclude that Hamill should have a new hearing where she could have legal help. Therefore, the court granted her request, stating that the lower court must hold a new hearing on her motion to withdraw her plea, this time making sure she has the assistance of a lawyer.

C-2007-554

Post author:Staff
Post published:February 13, 2008
Post category:C

In OCCA case No. C-2007-554, Aaron Perry Hampton appealed his conviction for burglary in the first degree and other charges. In an unpublished decision, the court decided to deny the appeal and affirmed most aspects of the lower court's decision, but also instructed the lower court to correct some clerical errors. One judge dissenting. Hampton had pleaded guilty to multiple charges, including burglary and assault, and was sentenced to a total of 35 years in prison. He later tried to withdraw his pleas, claiming that he did not understand what he was doing when he entered them and that the sentences were too harsh. The court found that he had been mentally competent and was aware of his actions when he pleaded guilty. They determined the sentences were appropriate for the crimes he committed. However, they agreed that there were mistakes in the official paperwork regarding the sentences and case numbers, so they sent the case back to the lower court to fix those errors while keeping the original sentences in place.

C-2004-850

Post author:Staff
Post published:November 30, 2005
Post category:C

In OCCA case No. C-2004-850, the petitioner appealed her conviction for five crimes. In a published decision, the court decided to deny the appeal for most of the convictions, but they did reverse and dismiss one misdemeanor count. One judge dissented.

C-2003-1334

Post author:Staff
Post published:May 10, 2005
Post category:C

In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

C-2003-1342

Post author:Staff
Post published:October 14, 2003
Post category:C

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.

C-2002-1191

Post author:Staff
Post published:July 10, 2003
Post category:C

In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple serious crimes. In a published decision, the court decided to affirm most of the convictions and sentences but reversed one specific conviction for maintaining a vehicle used for illegal activities. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively. The petitioner had pled guilty to various charges in three different cases. These included serious charges like possession of drugs with the intent to distribute, gun-related offenses, and other crimes. After he was sentenced, he sought to withdraw his guilty plea, claiming that he did not understand what he was doing when he pled guilty. The court held a hearing to consider this request but denied it. The sentences the petitioner received added up to a very long total of 223 years, meaning he would serve them one after another. During the appeal, the petitioner presented several reasons he felt the court made mistakes. First, he argued that there wasn't enough evidence for some of his guilty pleas to be accepted. After looking into the facts, the court disagreed on some counts, saying there was enough evidence for certain guilty pleas, but accepted the petitioner’s claim that he should not have been convicted for maintaining a vehicle for drug activities. In another part of his argument, the petitioner claimed that his punishments were too much and that he did not understand his pleas. The court found that he did understand what he was doing and therefore, his guilty pleas were valid. Overall, the court upheld most of the judgments but agreed with the petitioner on one specific charge, reversing that conviction. The court ordered the case to go back for further actions that align with its decision. One judge thought sentences should be served together instead of separately, showing that there were different opinions even in the court's decision.