Motion to withdraw

C-2021-504

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In OCCA case No. C-2021-504, Starlyn Sean Hill appealed his conviction for multiple serious crimes, including aggravated possession of child pornography and multiple counts of rape and sodomy. In an unpublished decision, the court decided to grant his appeal, allowing him to withdraw his guilty plea. One judge dissented from the opinion. Hill had pleaded guilty to several counts, and upon sentencing, he received a lengthy prison term. After his plea, he filed a motion to withdraw it, arguing that he felt rushed into making his decision and that he was misinformed about the potential consequences. He also raised issues regarding the statute of limitations for some of the charges, claiming that ten of them should not have been prosecuted because they were filed too late. The court reviewed the case and found that the prosecution for some of the counts may indeed have been beyond the statute of limitations. They concluded there were errors in how Hill’s plea was accepted, particularly as he did not properly waive his right to challenge the statute of limitations on several counts. This led the court to determine that his guilty plea was not made voluntarily or intelligently. As a result, the court vacated Hill's judgment and sentence and instructed that he be allowed to withdraw his guilty plea. The case was sent back to the lower court for further proceedings that would not contradict this new decision.

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C-2020-691

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In OCCA case No. C-2020-691, Raheem Travon Walker appealed his conviction for Assault and Battery on an Employee of a Juvenile Detention Facility. In an unpublished decision, the court decided to grant Walker's request to withdraw his guilty plea and go to trial. One judge dissented. To explain further, Walker was 17 years old when he pleaded guilty to the crime. He entered into a deal, thinking he would be part of a special program for young adults where his sentence would be delayed. However, later it was discovered that he was not eligible for this program due to a past juvenile record for robbery. Because of this ineligibility, the judge gave him a different sentence, which he believed was not what he had agreed to. After realizing that he did not get what he had bargained for, Walker asked if he could change his mind about the plea. A hearing took place, but his request was denied. He then appealed the decision, arguing that he was not helped properly by his lawyer during the process. The court found that he had a valid point since he entered the agreement expecting specific benefits, which were not provided. Because of this, the court decided he should have another chance and allowed him to withdraw his guilty plea. The dissenting opinion argued that Walker had not raised the issue of not having a proper plea form and thus had waived that right. They believed there was no mistake about the plea agreement and questioned whether Walker's claim had enough basis to warrant this new decision. Regardless, the majority found that Walker’s concerns about his plea and the sentence should be addressed by allowing him to go to trial.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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C-2019-489

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In OCCA case No. C-2019-489, Taheerah Ayesha Ahmad appealed her conviction for Assault and Battery by means likely to produce death, Child Neglect, and Arson in the First Degree. In a published decision, the court decided to deny her petition for a writ of certiorari and affirmed the District Court's judgment. However, the case was remanded to the District Court to correct errors in the judgment regarding the imposition of costs. One judge dissented.

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C-2019-329

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In OCCA case No. C 2019 329, Feeling appealed her conviction for Aggravated Assault and Battery and Assaulting a Police Officer. In a published decision, the court decided to deny her appeal and affirm the lower court's decision. One judge dissented. [occa_caption]

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C-2019-25

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This decision from the Oklahoma Court of Criminal Appeals pertains to Conner E. Dover's petition for writ of certiorari, which was denied. Dover had pled guilty to unauthorized use of a motor vehicle and aggravated attempting to elude a police officer. His sentencing followed the completion of a regimented inmate discipline program, resulting in five years of imprisonment for each count, to be served consecutively. Dover sought to withdraw his plea based on an argument that the court did not sentence him according to his plea agreement. However, the court found that his plea was entered voluntarily and intelligently, and dissatisfaction with the sentence is not a valid reason for withdrawal. The court confirmed that the plea met the necessary legal standards and was not abusive, hence no relief was granted. The denial of the writ indicates the court's decision to affirm the original judgment and sentence. The legal principles applied include reviewing whether a plea was voluntarily and intelligently made, whether the sentence is excessive, the effectiveness of counsel, and the state's power to prosecute. Overall, the court held that there was no abuse of discretion in denying Dover's motion to withdraw the plea, supporting the conclusion that his plea agreement was validly applied.

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C-2018-415

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**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)**

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C-2018-1040

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** *Case No. C-2018-1040* **ROLLO ROY WERLINE, IV,** *Petitioner,* *vs.* **THE STATE OF OKLAHOMA,** *Respondent.* **FILED** *IN COURT OF CRIMINAL APPEALS* *OCT 31 2019* *JOHN D. HADDEN, CLERK* **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Rolla Roy Werline, IV, represented by counsel, entered pleas of guilty to First Degree Manslaughter (Count I), Leaving the Scene of a Fatality Accident (Count II), and Failure to Maintain Insurance (Count III) in the District Court of Ottawa County, Case No. CF-2017-164. The pleas were accepted by the Honorable Robert G. Haney on April 19, 2018. On June 12, 2018, Petitioner was sentenced to twenty (20) years imprisonment for Count I, five (5) years imprisonment in Count II (suspended), and a $250.00 fine for Count III. On June 15, 2018, Petitioner filed a Motion to Withdraw Guilty Plea, which was denied at a hearing on June 26, 2018. Petitioner appeals this denial, raising two propositions of error: 1. Petitioner should be allowed to withdraw his plea as it was not entered knowingly and intelligently, given he did not understand the consequences of entering a blind plea. 2. The imposed fines and costs were excessive. **Proposition I:** Petitioner contends that his plea was not entered voluntarily and was the result of being misadvised regarding the plea process. The trial court reviewed this issue during the motion to withdraw hearing. Assessing whether the plea was entered voluntarily and intelligently is key. The record indicates the plea was knowing and voluntary, highlighting that the petitioner understood the court would determine punishment and could impose a sentence within statutory limits. The trial court's denial of the motion to withdraw is upheld. **Proposition II:** Petitioner claims his sentence is excessive, particularly citing a victim impact statement that contained a sentence recommendation, which he argues improperly influenced the court's decision. While acknowledging that victim impact statements may be considered during sentencing, those statements should not contain sentence recommendations. Any potential error here was harmless, as the overall sentence is seen as reasonable and within statutory limits. It was also noted that the issue of a $250.00 Victim Compensation Assessment in Count III was not raised previously and is thus waived for appeal. **DECISION:** The Petition for Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. **OPINION BY:** **LUMPKIN, J.** *LEWIS, P.J.: Concur* *KUEHN, V.P.J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur* **Click Here To Download PDF** [Link to PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1040_1734225145.pdf)

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C-2018-1174

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### IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA **Case No. C-2018-1174** **OCT 31, 2019** **STEVEN JOSEPH BEATY, Petitioner, v. THE STATE OF OKLAHOMA, Respondent.** **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Steven Joseph Beaty entered guilty pleas to the following charges in the District Court of Grady County, Case No. CF-2018-115: **Count I** - Felony Domestic Assault and Battery, After Former Conviction of Two or More Felonies (21 O.S.Supp.2014, § 644 (C)); **Count II** - Misdemeanor Violation of Protective Order (22 O.S.Supp.2012, § 60.6); **Count III** - Obstructing An Officer (21 O.S.Supp.2015, § 540). The Honorable Kory Kirkland accepted the pleas on October 16, 2018. The sentences imposed included the following: **Count I** - ten (10) years imprisonment with the last seven (7) years suspended and a $500.00 fine; **Count II** - one year imprisonment and a $200.00 fine; **Count III** - one year imprisonment and a $100.00 fine, with all sentences served concurrently and additional requirements such as costs, victim compensation assessments, and referral to the Batterer's Intervention Program. On October 25, 2018, Petitioner filed a motion to withdraw his guilty pleas. After a hearing on November 13, 2018, Judge Kirkland denied the motion. Petitioner now appeals this denial and raises the following propositions of error: 1. The lack of a factual basis for the plea renders it involuntary due to not being served with the Protective Order. 2. The trial judge failed to consider Petitioner’s ability to pay the victim compensation fee. 3. Petitioner was denied effective assistance of counsel during both the plea hearing and at the plea withdrawal hearing. **Analysis:** After thorough review of the petitions, records, and transcripts, the court finds no abuse of discretion in denying the motion to withdraw the guilty plea. A plea is evaluated based on whether it was voluntary and intelligent, requiring the Petitioner to show it was entered inadvertently or without consideration. In his first two propositions, Petitioner alleges he should have been allowed to withdraw his plea due to inadequate factual basis and failure to inquire about ability to pay the compensation fee. However, these claims were not raised in the motion to withdraw nor in the certiorari petition, waiving their consideration on appeal. In Proposition III, relating to ineffective assistance of counsel at the withdrawal hearing, Petitioner has not shown a reasonable probability that such deficiencies would have altered the outcome. The court affirms that the plea was knowing, voluntary, and not coerced. The claim about the court’s failure to record considerations for the victim compensation assessment is acknowledged; thus, that part of the assessment is vacated, and the case is remanded for a hearing to address this requirement properly. **Conclusion:** The Petition for a Writ of Certiorari is **DENIED**. The Judgment of the District Court is **AFFIRMED**. The current victim compensation assessments are **VACATED**, and the case is **REMANDED TO THE DISTRICT COURT** to consider all necessary factors for assessment under 22 O.S.2011, § 142.18(A). **OPINION BY**: LUMPKIN, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **COUNSEL FOR DEFENSE AT THE PLEA HEARING**: Bill Smith, P.O. Box 926, Norman, OK 73070 **COUNSEL FOR PETITIONER ON APPEAL**: Danny Joseph, Oklahoma City, OK **COUNSEL FOR THE STATE**: Jason M. Hicks, District Attorney, Kara Bacon, Assistant District Attorney, Chickasha, OK. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1174_1734227971.pdf)

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C-2018-861

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BOBBY RAY LEWIS,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-861** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 16 2019** --- **OPINION DENYING CERTIORARI** **JOHN D. HADDEN LUMPKIN, JUDGE:** Petitioner, Bobby Ray Lewis, faced charges in two separate cases in the District Court of Okfuskee County. Case No. CF-2017-17 included charges of *Driving Under the Influence*, *Leaving the Scene of an Accident with Injury*, and *Failure to Report a Personal Injury Accident*. Case No. CF-2018-21 involved charges of *Assault and Battery on a Police Officer* and *Assault and Battery on an Emergency Medical Care Provider*. **I. Procedural Status of Appeal** The Court notes that the Petitioner's Petition For Writ of Certiorari is not properly before it. According to established law, appeals from judgments following a plea must proceed via a writ of certiorari. The relevant statutes and court rules state that a defendant must file an application to withdraw the plea within ten days of the judgment's pronouncement. In this case, the District Court pronounced judgment and sentence on June 27, 2018. The Petitioner failed to file a motion to withdraw his plea within the required ten-day window. As a result, the conviction became final, and the trial court lost jurisdiction over the case. The Petitioner’s motion, filed on July 17, 2018—twenty days post-judgment—was therefore untimely, and the trial court lacked jurisdiction to entertain it. Accordingly, since the Petitioner's petition is not properly before the Court, this appeal is dismissed. **DECISION** The Petitioner's Petition For Writ of Certiorari is dismissed as it is not properly before the Court. Pursuant to Rule 3.15 of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** Curt Allen, Indigent Defense System, Okmulgee, OK Arlan Bullard, Attorney at Law, Pauls Valley, OK **APPEARANCES ON APPEAL** Robert W. Jackson, Indigent Defense System, Norman, OK Emily Mueller, Assistant District Attorney, Okemah, OK --- **OPINION BY:** LUMPKIN, J. **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur --- **[Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-861_1734181193.pdf)**

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C-2018-1002

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**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

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C-2018-927

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SAHIB QUIETMAN HENDERSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-927** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 30, 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Sahib Quietman Henderson entered a blind plea of guilty to Distribution of a Controlled Dangerous Substance within 2,000 feet of a School in the District Court of Stephens County, Case No. CF-2016-393. The plea was accepted by the Honorable Ken J. Graham, District Judge, on April 30, 2018, with sentencing delayed until July 25, 2018. On that date, Petitioner was sentenced to thirty (30) years in prison, with the first fifteen (15) years to be served and the remaining fifteen (15) years suspended, alongside a fine of $2,500.00. On August 2, 2018, represented by counsel, Petitioner filed an Application to Withdraw Plea of Guilty. At hearings on August 20 and 22, 2018, Judge Graham denied the motion to withdraw. Petitioner appeals the denial and raises the following propositions of error: 1. Failure of the State and District Court to honor the promised consideration for Appellant's plea requires modification of his inflated sentence, or an opportunity to withdraw his plea. 2. The sentence is shockingly excessive given the circumstances of the case. 3. Ineffective assistance of counsel in identifying, presenting, and preserving issues for review. After thorough review of these propositions and the entirety of the record, including original record, transcripts, and briefs, we find that neither reversal nor modification is required. Our primary concern in evaluating the validity of a guilty plea is whether the plea was entered voluntarily and intelligently. Petitioner carries the burden of proving his plea was entered unadvisedly, through influence, or without deliberation. Voluntariness is assessed through the entire record. In **Proposition I**, Petitioner claims that the plea lacked a knowing and voluntary nature due to non-fulfillment of a promise that he would be sentenced as a first-time offender and because of purported drug buys by his wife reducing his sentence. Contrary to this argument, the record shows Petitioner was treated as a first-time offender, with the court considering the mitigating factors at sentencing. His dissatisfaction with the resulting sentence does not provide grounds for withdrawal of the plea. In **Proposition II**, Petitioner contends the sentence is excessive. However, as he did not raise this claim in his Application to Withdraw Guilty Plea to the trial court, it is waived on appeal. In **Proposition III**, Petitioner argues ineffective assistance of counsel during both the plea and withdrawal hearings. A claim for ineffective assistance of counsel is only established by showing that counsel's performance was deficient and that it resulted in prejudice to the defendant. The record does not support that withdrawal counsel's performance was deficient or that it affected the outcome—Petitioner maintained he did not wish to withdraw his plea but rather sought a sentence modification. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon this decision. --- **APPEARANCES IN DISTRICT COURT:** Grant D. Shepherd 601 S.W. C Ave., Ste. 201 Lawton, OK 73501 Counsel for the Defense **APPEARANCES ON APPEAL:** Kimberly D. Heinze P.O. Box 926 Norman, OK 73070 Counsel for Petitioner at the Plea Hearing Ronald L. Williams P.O. Box 2095 Lawton, OK 73502 Counsel for the Defense at the Withdrawal Hearing Jason M. Hicks District Attorney Cortnie Siess & Greg Steward Assistant District Attorneys Stephens Co. Courthouse 101 S. 11th St., Duncan, OK 73533 Counsel for the State **OPINION BY:** LUMPKIN, J. LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-927_1734182885.pdf)

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C-2018-315

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.

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C-2018-441

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In OCCA case No. C-2018-441, Clinton Lee Myers appealed his conviction for trafficking in illegal drugs and possession of a controlled substance with intent to distribute near a school. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Clinton Lee Myers entered a plea of guilty to two serious charges. He was sentenced to a long time in prison and had to pay a large fine. After he was sentenced, he wanted to withdraw his guilty plea, but the court said no after listening to evidence in a hearing. Myers complained that his punishment was too harsh and that the prosecutor shouldn't have talked about his past crimes during the sentencing. He felt this information was unfair and should not have been used against him. However, the court explained that this type of information can be considered at sentencing. They also decided that his sentence was within legal limits and did not shock their conscience, so they would not change it. Additionally, Myers believed that there was a mistake in the written records of his sentence regarding the amount of the fine. The court found that there was, in fact, a clerical error in the documents about the fine amount. They agreed that the error should be corrected to match what the judge said during the sentencing. In conclusion, the court denied Myers' request to change his sentence, but they agreed to correct the written record to reflect the right fine amount.

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C-2017-33

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In OCCA case No. C-2017-33, a person appealed his conviction for manslaughter. In a published decision, the court decided to modify his sentence to run concurrently with another sentence. One judge dissented. In this case, the person, who we'll refer to as the appellant, had entered a guilty plea to first degree manslaughter. He ended up being sentenced to twenty-three years in prison. After some time, the appellant decided he wanted to take back his guilty plea. He claimed he didn't fully understand the consequences of his plea when he entered it, and he felt he was pressured into making that choice. The court held three hearings to talk about the appellant’s request to withdraw his guilty plea. Ultimately, the judge denied his request, finding that his plea was made voluntarily and knowingly. The appellant raised two main arguments in his appeal. First, he argued that his plea was not given voluntarily or knowingly. Second, he said he did not get proper legal help from his attorney, which affected his case. The court looked closely at the entire record, including the hearings and the agreements made during the plea process. They found that even though the appellant felt he was pressured, he actually understood what he was doing when he entered his plea. They decided that the plea was valid and should not be withdrawn. However, the court also recognized that the state did not follow the agreement regarding a related case. The state had promised not to seek a revocation of the appellant's other suspended sentence, but after the appellant filed to withdraw his plea, the state moved to revoke that sentence anyway. The court determined that this was a significant breach of the plea agreement, which affected the fairness of the situation. Since the appellant was also facing the loss of additional years in prison because of the state's actions, the court decided to modify his sentence. Instead of having the two sentences run one after the other, the court ordered them to run at the same time. This way, the appellant would not be unfairly punished because of the state’s breach of their agreement. In conclusion, the court agreed the appellant’s plea was valid and was made knowingly and voluntarily. However, to correct the mistake made by the state regarding the plea agreement, they modified his sentence to ensure fairness. One judge disagreed with some parts of the decision.

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C-2017-458

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In OCCA case No. MAC-2017-458, Harris appealed her conviction for possession of methamphetamine and possession of drug paraphernalia. In an unpublished decision, the court decided to remand for further proceedings, agreeing that Harris was denied her right to a proper evidentiary hearing to withdraw her guilty plea. One judge dissented, expressing concerns about the approach taken by the majority in requiring a hearing despite the lack of detailed reasoning in the motions to withdraw.

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C-2016-1000

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In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

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C-2015-1057

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In OCCA case No. C-2015-1057, Steven Casey Jones appealed his conviction for robbery with a dangerous weapon. In a published decision, the court decided to grant his petition and allowed him to withdraw his guilty plea. One judge dissented. Here’s a simpler breakdown of what happened in this case: Steven Casey Jones was charged with robbery involving a dangerous weapon. He decided to plead guilty to this charge as part of an agreement, thinking he would get a lighter sentence. However, after he pleaded guilty, he felt that he had been given wrong information about the punishment he could face. Jones said that his attorney told him the minimum punishment was twenty years in prison, but he later found out that it was actually less. Because of this wrong information, he felt he had to plead guilty to a fifteen-year sentence, which was still longer than what it should have been. He later tried to take back his guilty plea, but this was denied. So, he appealed the decision in court, wanting to show that his plea was not made with the correct information. The court reviewed the entire case, including what Jones and his attorney had discussed. It turned out that the attorney's mistake about the punishment range was significant. The State also agreed that this error could have influenced Jones's decision. Due to this mistake, the court decided to let Jones withdraw his guilty plea and go back to the start of his case. This meant he would have another chance to present his arguments about the robbery charge without the misunderstanding affecting him. After considering everything, the court decided to grant Jones's petition, which means they agreed with him and wanted to fix the mistake. The case was sent back to the lower court to allow Jones to withdraw his plea.

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C-2015-573

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In OCCA case No. C-2015-573, Jeremy Ross Wilson appealed his conviction for Escape from the Department of Corrections. In a published decision, the court decided to modify Wilson's sentence. One judge dissented. Jeremy Ross Wilson was an inmate who escaped from a work center. He was arrested later and faced charges for his escape. He pleaded guilty and was given a long sentence, but he later wanted to take back his guilty plea. His motion to do so was denied, and he appealed that decision. The case included a problem with how the state used Wilson's past felony convictions. The law says you cannot use the same prior convictions to charge someone with a crime and to make the punishment worse for that crime. The state did that with Wilson, using five of his past felonies to both charge him and to increase his punishment. Because of this, the court found that Wilson had been given a harsher sentence than what was allowed by law. The main question was whether Wilson had entered his guilty plea voluntarily and intelligently. It was found that he had. However, the court also decided that the sentence needed to be corrected. Wilson's lawyer did not challenge the state's use of the prior felonies, which was seen as ineffective help. As a result, the court modified Wilson's sentence to a shorter term of seven years instead of fifteen. Wilson would also have to be supervised for a year once released and pay fines. The court affirmed the decision to deny his request to withdraw his guilty plea but changed the length of his sentence.

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C 2015-473

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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.

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C-2015-514

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In OCCA case No. C-2015-514, Hanks appealed his conviction for Domestic Abuse and Malicious Injury to Property. In an unpublished decision, the court decided to deny his appeal but remanded the case to determine if Hanks was mentally ill, which would affect the costs he was assessed. One judge dissented. Hanks had pleaded guilty to two counts of Domestic Abuse and one count of Malicious Injury to Property in a state court. The judge sentenced him to three months in jail for one charge and one year suspended for the other two. He was also required to pay fines and fees. After entering his plea, Hanks tried to withdraw it, claiming he did not understand what he was doing and that he had poor legal help. The court looked at whether Hanks had made his plea knowingly and voluntarily. They found that he understood what he was doing and that his mental issues did not prevent him from understanding his plea. The court also considered Hanks' claim that his lawyer did not help him properly during the process and found no evidence to support this. One important point in the decision focused on the costs Hanks had to pay related to his time in jail. The court noted that because he had a mental illness diagnosis, he might not have to pay these costs according to state law, which says that mentally ill people should be exempt from such fees. Because of this, the court sent the case back for further evaluation of Hanks' mental health status to see if he qualified for the exemption. Overall, the court upheld the original decision while allowing for further examination of Hanks' mental health to understand his financial obligations better.

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C-2014-854

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In OCCA case No. C-2014-854, Cory James Leon Whiteside appealed his conviction for Domestic Assault and Battery and Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to grant his petition, allowing him to withdraw his pleas. One member of the court dissented. Whiteside pleaded guilty to two misdemeanor charges involving domestic violence. The court sentenced him to one year in jail for each charge, with the sentences to run one after the other. Shortly after pleading guilty, Whiteside asked to change his plea from guilty to not guilty, stating he had not understood the consequences of his plea. His request to withdraw his plea was denied by the court. Whiteside then appealed this decision, arguing two main points. First, he claimed he did not knowingly and voluntarily give up his right to have an attorney represent him during the case. Second, he argued that he should be allowed to withdraw his plea because he didn't fully understand what he was agreeing to. The court reviewed the entire record of the case. It found that Whiteside's waiver of his right to counsel was not made in a knowing and voluntary way, meaning there was no clear record showing that he understood what self-representation involved or that he had been advised of the risks of not having a lawyer. The state even agreed with this point. Because this error was significant, the court decided to let Whiteside withdraw his guilty pleas. Following this decision, the other issue Whiteside raised became unnecessary to address. Therefore, the court ordered that Whiteside be allowed to withdraw his pleas.

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C-2014-139

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In OCCA case No. C-2014-139, Clifford Eugene Teel appealed his conviction for lewd molestation, forcible sodomy, and indecent exposure. In an unpublished decision, the court decided to grant his request to withdraw his guilty pleas and allowed him to enter new pleas for the charges. The dissenting opinion was not specified. Teel had entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. The judge sentenced him to a total of twenty years for some charges and ten years for another, all to be served together. Later, Teel wanted to change his plea because he believed he had been given wrong information about the length of his possible prison time. He thought he could get life in prison, but it turned out that the maximum punishment for his charges was actually much less. Teel's claims were that he did not get proper advice from his lawyer and that the judge did not explain the correct punishments before he accepted the plea. During a review, it was found that the trial court had indeed not informed him right about the maximum punishments he faced. The Attorney General even admitted there was a mistake in how Teel was advised. The court decided that since Teel's plea was not made knowingly and voluntarily due to the wrong advice, he should be allowed to withdraw his guilty plea and enter new ones concerning his charges. The original judgment and sentence from the District Court were reversed, and the case was sent back for further actions.

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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-2014-79

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In OCCA case No. C-2014-79, Walker appealed her conviction for Assault and Battery on a Police Officer, Resisting an Officer, and Trespassing. In an unpublished decision, the court decided to dismiss Walker's appeal because her application to withdraw her guilty plea was not properly heard by the trial court. One judge dissented, arguing that a hearing had indeed taken place.

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