Knowingly Entered

C-2018-1018

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**Summary Opinion Denying Certiorari** **Case:** Spencer Joe Cuccaro v. State **Judging Authority:** Judge Hudson **Background:** Spencer Joe Cuccaro appealed from a ruling by the District Court of Kay County, where Judge David Bandy denied his application to withdraw pleas entered in three criminal cases. Cuccaro had participated in the Kay County Drug Court program and entered no contest pleas in various counts related to drug possession and other offenses, with a plea agreement tied to his performance in Drug Court. Cuccaro was allegedly coerced into his plea by a law enforcement officer and claimed to be unaware of the severe penalties he would face if he was unsuccessful in completing the Drug Court program. After being terminated from Drug Court for failing to meet its requirements and committing new crimes, Cuccaro received significant prison sentences. **Propositions of Error:** 1. Cuccaro argued that his no contest pleas were entered due to coercion and therefore were not knowing or voluntary. 2. He claimed he did not fully understand the severe consequences of failing the Drug Court program. **Court Findings:** - The Court reviews denials of motions to withdraw guilty pleas for abuse of discretion, primarily assessing if pleas were made knowingly and voluntarily. - Cuccaro's challenge regarding coercion lacked evidence, and testimony at the hearing supported the conclusion that his plea was made with an understanding of the consequences. - Regarding the claim about the punishment understanding, the court noted that fully detailed documentation outlined the potential life sentence in the event of failure in Drug Court, which Cuccaro was aware of before entering his plea. **Conclusion:** The court denied Cuccaro’s petition for a writ of certiorari, affirmed the lower court's judgment, and ruled that there was no abuse of discretion in denying the plea withdrawal. The case exemplifies the requirement for defendants to understand the implications of their plea agreements and the importance of voluntary and informed consent in legal proceedings.

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C-2019-125

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**Case Summary: Cody Allen Blessing v. The State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Case No.:** C-2019-125 **Filed:** December 5, 2019 **Judge:** Rowland **Background:** Cody Allen Blessing entered a negotiated plea of no contest in the District Court of Alfalfa County to three counts of Child Abuse by Injury. His plea was accepted by the Honorable Loren Angle, who sentenced him to twenty years in prison on each count, with all but the first five years suspended, to be served concurrently. Subsequently, Blessing filed a motion to withdraw his plea, claiming it was not knowingly and voluntarily entered, among other issues. **Issues on Appeal:** 1. Denial of due process due to the hearing on his plea withdrawal not being held within thirty days. 2. Abuse of discretion by the trial court in denying the motion to withdraw the plea. 3. Ineffective assistance of counsel. **Court Findings:** 1. **Due Process Claim:** - The Court found that although the hearing was not held within the thirty-day timeframe set by court rules, the failure to do so was deemed harmless as a proper hearing was eventually conducted. Blessing did not seek extraordinary relief for the delay, thus the claim was denied. 2. **Withdrawal of Plea:** - Blessing claimed his plea was not knowingly and voluntarily entered. However, he failed to express this specific claim in his initial motion to withdraw, but it was presented by conflict counsel at the hearing. The district court found that Blessing understood the implications of his plea. The appellate court concluded that the district court did not abuse its discretion in denying the motion to withdraw. 3. **Ineffective Assistance of Counsel:** - Blessing argued that conflict counsel's failure to raise the issue of a knowing and voluntary plea waived it for appellate review. The Court ruled that since the claim was presented during the withdrawal hearing, it remained preserved for review. Blessing could not demonstrate any resultant prejudice from counsel's actions. Therefore, this claim was also rejected. **Decision:** The Court denied the Petition for a Writ of Certiorari and affirmed the district court's denial of Blessing's motion to withdraw his plea. **Signatories:** - Opinion by: Rowland, J. - Concurrences: Lewis, P.J.; Kuehn, V.P.J.; Lumpkin, J.; Hudson, J. **For Further Information:** You can download the detailed opinion from the court [here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2019-125_1734230491.pdf).

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J-2019-162

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **B.M.M., Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. J-2019-162** **FILED JUN 20 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **HUDSON, JUDGE:** On August 12, 2016, a Youthful Offender Information was filed in Tulsa County District Court Case No. YO-2016-28, charging Appellant with multiple offenses including Robbery with a Firearm and Possession of a Stolen Vehicle. Appellant entered negotiated guilty pleas on November 28, 2016, receiving a ten-year sentence as a Youthful Offender, with sentences running concurrently. Following completion of the Youthful Offender Program, Appellant was paroled in February 2019. During a March 2019 hearing, mandated by 10A O.S.Supp.2018, § 2-5-209, Judge Priddy transitioned Appellant to a seven-year deferred sentence under the Department of Corrections, a decision Appellant now appeals. This matter was decided on the Accelerated Docket with oral arguments heard on May 30, 2019. The district court’s bridging of Appellant to the supervision of the Department of Corrections is **AFFIRMED**. **Propositions of Error:** **1. No State Motion to Bridge:** Appellant contends the district court erred by bridging him to an adult sentence without a state motion. The court correctly followed 10A O.S.Supp.2018, § 2-5-209, allowing placement on probation without a state motion. Appellant did not demonstrate an abuse of discretion based on performance in the program. **2. Knowingly Entered Pleas:** Appellant asserts his guilty pleas were not entered knowingly but does not seek to withdraw them. As such, this claim seeks advisory relief, which the Court denies. **3. Abuse of Discretion on Bridging Decision:** Appellant reasserts that the decision to bridge him was an abuse of discretion. Following the statutory guidelines, the Court finds no abuse of discretion has occurred. **Conclusion:** The Judgment and Sentence is **AFFIRMED**. MANDATE will issue upon filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY** **THE HONORABLE TRACY PRIDDY, DISTRICT JUDGE** **APPEARANCES AT TRIAL:** **COUNSEL FOR DEFENDANT:** Kayla Cannon, Assistant Public Defender **COUNSEL FOR STATE:** Kevin Keller, Assistant District Attorney **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR IN RESULTS **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [Download PDF for full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-162_1734446225.pdf)

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C-2008-273

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In OCCA case No. C-2008-273, Charles Bert Jones, Jr. appealed his conviction for First Degree Felony Murder, Assault and Battery with a Dangerous Weapon, and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to grant Jones the ability to withdraw his plea and proceed to trial. One judge dissented. Jones entered a guilty plea for serious charges in the Oklahoma County court. The judge gave him life sentences for some counts and a ten-year sentence for another, but his requests to change this were denied. The main issue was whether he made his guilty plea knowingly, which means he understood what he was doing. The court found that there was enough evidence to say that Jones was misled by his attorney, who suggested he would get a better sentence than what the judge actually imposed. Because of this situation, the court ruled that Jones should be allowed to undo his plea and have a new trial. They ordered his case to be handled by a different judge to avoid any unfairness. The dissenting judge felt there was no strong evidence to grant Jones's request and believed the original decision should stand.

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C-2003-1334

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In OCCA case No. C-2003-1334, Rodney Taylor Glenn appealed his conviction for various crimes. In a published decision, the court decided to allow Glenn to withdraw his plea for some charges but affirmed his conviction for others. One judge dissented. Rodney Taylor Glenn was charged with several crimes in Washington County. He made a deal with the State where some charges were dropped in exchange for him accepting a plea of nolo contendere, which means he didn't admit guilt but accepted the punishment. The judge sentenced him to a total of 35 years for some crimes and 20 years for others, with some sentences running consecutively and others concurrently. Glenn later wanted to change his plea, saying he wasn't fully advised of the possible punishments for his actions. He claimed that the court didn't check whether he was mentally fit to plead, and that he received wrong information about the sentencing ranges for some of his charges. He argued that he should be allowed to withdraw his plea since there was no solid factual basis for one of the charges—assault and battery with a deadly weapon. The court looked at Glenn's arguments carefully. They agreed that the trial court had checked enough to see that Glenn was able to plead. However, they found that they could not support the charge of assault and battery with a deadly weapon based on the facts presented. The court also agreed that Glenn had been given wrong information about the possible punishments for his actions. Because of these issues, the court ruled that Glenn could withdraw his plea for the assault and battery with a deadly weapon and a charge related to a firearm, but they upheld the convictions for the other charges. The final decision meant Glenn was allowed to change his plea for some charges, but the original convictions on others were kept. One judge did not agree with the decision to let Glenn withdraw his plea, arguing that Glenn had made a bargain and should not benefit from mistakes made during the process. This dissent highlighted the complexity of plea agreements and the expectation that all parties would honor the deal made.

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