No Contest

RE-2019-42

  • Post author:
  • Post category:RE

In OCCA case No. CF-2012-206, the appellant appealed his conviction for violating the terms of his suspended sentence. In a published decision, the court affirmed the revocation of his suspended sentence. The appellant failed to pay restitution and supervision fees, and he was found guilty of a new crime, Domestic Assault and Battery by Strangulation. The trial court did not abuse its discretion in revoking the sentence based on these violations. One judge dissented, arguing that the appellant’s failure to pay was not willful and should have been considered.

Continue ReadingRE-2019-42

C-2010-1139

  • Post author:
  • Post category:C

In OCCA case No. C-2010-1139, a petitioner appealed his conviction for False Personation of Another to Create Liability. In a published decision, the court decided to grant the appeal. The court concluded that the trial court made a mistake by not holding a hearing on the petitioner's request to withdraw her no-contest plea. The decision requires the case to go back to the lower court for this necessary hearing. One judge dissented.

Continue ReadingC-2010-1139

C-2009-48

  • Post author:
  • 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.

Continue ReadingC-2009-48

C-2004-739

  • Post author:
  • Post category:C

In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

Continue ReadingC-2004-739

C-2003-845

  • Post author:
  • Post category:C

In OCCA case No. C-2003-845, Curtis Randall Foote appealed his conviction for multiple crimes including First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, and Threatening an Act of Violence. In an unpublished decision, the court decided to affirm the convictions for First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, but to reverse the conviction for Threatening an Act of Violence with instructions to dismiss that charge. One judge dissented. Foote had entered a no contest plea in the District Court of Grady County, where the judge sentenced him to various terms of imprisonment. Foote later tried to withdraw his plea, but the court denied his request. He then appealed this denial. The court reviewed the entire case record and considered multiple reasons Foote presented for his appeal. The first issue was whether he truly entered his plea of no contest. The court found that he did intend to plead no contest, so the plea was accepted correctly by the trial court. Foote also argued that he should not have been treated as a habitual offender because his past convictions were not properly documented. While the court found that his maximum sentence was appropriate, they acknowledged an error in the judgment that needed correcting. Foote also claimed that being convicted of both Intimidation of a Witness and Threatening an Act of Violence was unfair, as they were linked. The court agreed and reversed the latter conviction. However, it determined that his other convictions were valid and based on separate actions. The court ruled that the evidence supporting his intimidation charge was sufficient, and his claim of not having proper legal representation was rejected. Ultimately, the court denied his petition for a writ of certiorari, which means they did not find enough reason to change the lower court's decisions aside from the reversal of the Threatening an Act of Violence charge. They ordered some corrections to the written judgment but upheld most of the other convictions.

Continue ReadingC-2003-845