Okla. Stat. tit. 21 § 843.5(C)

C-2021-163

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In OCCA case No. C-2021-163, April Dawn Summers appealed her conviction for child abuse, child neglect, and enabling child abuse. In an unpublished decision, the court denied her appeal. One judge dissented. Summers was charged in Grady County with several serious offenses related to child abuse. She decided to plead guilty to these charges in December 2019. The judge accepted her plea but decided to wait to give her a sentence until a presentence investigation report was completed. In January 2021, after looking at evidence and hearing from lawyers, the judge sentenced Summers to fifty years in prison for each charge. However, she only had to serve twenty-five years, as the rest of her sentence was suspended. After sentencing, Summers wanted to change her guilty plea and claimed that she didn’t fully understand what she was doing when she pleaded guilty. She argued that her plea was not made knowingly or willingly, and she did not grasp the full consequences. She also said that she should not have to pay for the costs of her incarceration because of her mental health issues. The court reviewed her case and found that her plea was made voluntarily. They determined that she understood the charges and the risks of her guilty plea. Therefore, the court did not believe there was a reason to let her take back her plea. Regarding the costs of her incarceration, the court noted that Summers didn’t raise this issue when she tried to withdraw her plea. However, they acknowledged that her mental health might exempt her from such costs. Thus, they decided to investigate whether she is indeed considered mentally ill under the law, which could mean that she wouldn't have to pay. In summary, the court decided to keep her guilty plea in place, but they also said that it needs to be checked whether she qualifies as mentally ill to decide if she should be charged for her time in prison. The case was sent back to the lower court for further decisions on her mental health status.

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RE-2019-155

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **MICHELLE MARIE MESPLAY,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2019-155** **FILED** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA FEB 13 2020 **JOHN D. HADDEN** CLERK --- **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant Michelle Marie Mesplay appeals from the revocation of her suspended sentences in Ottawa County District Court Case No. CF-2015-134. On October 2, 2015, Appellant entered a plea of no contest to Child Neglect under 21 O.S.Supp.2014, § 843.5(C). The trial court accepted her plea, withheld a finding of guilt, and delayed proceedings for ten years. On December 23, 2016, the State filed an Application to Accelerate Deferred Judgment, to which Appellant stipulated. The court then accelerated her deferred sentence to a conviction, sentencing her to ten years imprisonment with all ten years suspended. On May 3, 2018, the State moved to revoke the suspended sentence, citing failures to pay supervision fees and court costs, continued methamphetamine use, repeated failures to report, and unknown whereabouts. Appellant stipulated to the motion, and the Honorable Robert Haney revoked seven and a half years of her remaining ten-year suspended sentence. Appellant contends this revocation was excessive and claims an abuse of discretion regarding the length of the revocation. The court's decision to revoke is grounded in the understanding that a suspended sentence is a matter of grace (Demry v. State, 1999 OK CR 31, I 12, 986 P.2d 1145, 1147). The State must demonstrate only one violation of probation to revoke a suspended sentence in full (Tilden v. State, 2013 OK CR 10, I 10, 306 P.3d 554, 557). In this case, Appellant’s stipulation to violating the terms of her suspended sentence validates the trial court’s revocation decision. The trial court’s discretion in revocations remains crucial, and disturbances to this discretion are reserved for clear abuse (Jones v. State, 1988 OK CR 20, I 8, 749 P.2d 563, 565). Evidence presented to justify the revocation aligned with statutory requirements (22 O.S.Supp.2018, § 991b(A)), and Appellant has not substantiated any claim of abuse of discretion. **DECISION** The revocation of Appellant's suspended sentences in Ottawa County District Court Case No. CF-2015-134 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES:** **ANDREW MELOY** – Counsel for Defendant **MARK HOOVER** – Counsel for Appellant **ROGER HUGHES**, **MIKE HUNTER** – Counsel for Appellee **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR --- For the complete opinion in PDF format, [click here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2019-155_1734334834-1.pdf).

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F-2018-113

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In OCCA case No. F-2018-113, the appellant appealed her conviction for multiple counts of child neglect and enabling child sexual abuse. In an unpublished decision, the court decided to affirm the convictions and the sentences imposed. One judge dissented. The case involved Brenda Marie Huff, who was convicted by a jury of four counts of child neglect and one count of enabling child sexual abuse. The jury sentenced her to 25 years in prison for each count, which would be served at the same time. Brenda and her husband, co-defendant Andrew Huff, were accused of allowing their children to live in very poor conditions. Evidence showed the home was filthy, lacking running water, and filled with animal waste and sexual materials. The children were also exposed to troubling behavior, including sexual messages sent by Andrew to a young girl. Brenda was aware of this behavior but did not act to protect the child. Brenda raised several arguments in her appeal, including claims that the evidence against her was not enough to support the convictions, that there were problems with jury instructions, and that her sentence was too harsh. However, the court found that the evidence presented was sufficient for the jury to conclude that she was guilty beyond a reasonable doubt. The court also noted that there were no errors in how the jury was instructed, and that the severity of her sentence was justified given the circumstances. The court upheld the jury's decision, concluding that Brenda had neglected the children and enabled her husband to harm them. Ultimately, the court affirmed the judgment and sentence, meaning Brenda would serve her time in prison as decided by the jury.

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F-2018-1186

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DOMINICK JAVON SMITH, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. F-2018-1186** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JAN 30 2020** --- **SUMMARY OPINION** **JOHN D. HADDEN CLERK** **LUMPKIN, JUDGE:** Appellant, Dominick Javon Smith, was tried by jury and convicted of Child Neglect, After Former Conviction of a Felony, in violation of 21 O.S.Supp.2014, § 843.5(C), in the District Court of Tulsa County Case Number CF-2017-1887. The jury recommended punishment of forty years imprisonment and payment of a $5,000.00 fine. The trial court sentenced Appellant accordingly; she will serve 85% of her sentence before becoming eligible for parole consideration. From this judgment and sentence, Appellant appeals, raising three propositions of error: **I.** The trial court erred in permitting the State to cross-examine Dominick Smith in the punishment stage on matters not relevant to her alleged prior felony conviction. **II.** Prosecutorial misconduct deprived Appellant of a fair trial. **III.** Appellant was deprived of effective assistance of counsel. After thorough consideration of the record, including the original documents and briefs, we find that under the law and evidence, Appellant is not entitled to relief. In her first proposition, Appellant claims that the trial court improperly allowed the prosecutor to question her about matters irrelevant to her prior felony conviction. While defense counsel objected multiple times, only two objections referenced relevance. Therefore, the remainder is assessed under plain error review. Under the Simpson test, we assess actual error that is plain or obvious and that affects substantial rights. The trial court's limitations on cross-examination are generally reviewed for abuse of discretion. During the punishment phase, Appellant testified on direct that she had a prior felony conviction for child abuse. On cross-examination, the prosecutor questioned Appellant about conflicting statements made to police, thereby attempting to impeach her credibility. Given that Appellant opened the door to her prior conviction and explanation, there was no error in allowing such cross-examination. Proposition I is denied. In Proposition II, Appellant contends prosecutorial misconduct occurred during closing arguments when the prosecutor suggested that Santa Claus may have caused the victim's injuries and discussed how Appellant's actions deprived K.O. of life experiences. As Appellant failed to object, we review these claims for plain error. The prosecutor's remarks were within acceptable boundaries as they focused on the evidence and reasonable inferences. Appellant's claim that the argument improperly sought sympathy for K.O. does not render it improper. The remarks about the consequences of Appellant's actions are relevant and permissible. Thus, Proposition II is denied. Lastly, in Proposition III, Appellant claims ineffective assistance of counsel for failing to object to the prosecutor's cross-examination and closing argument. Under the Strickland test, the claims of ineffectiveness can be dismissed due to lack of demonstrated error in the prosecutor’s conduct. Since neither allegation resulted in plain error, the claim of ineffective assistance fails. Thus, Proposition III is denied. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- *Counsel for Appellant: Richard Koller, Richard Couch, Rebecca Newman* *Counsel for the State: Mike Hunter, Andrea Brown, Keeley L. Miller* **OPINION BY: LUMPKIN, J.** LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur [Download Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1186_1734785732.pdf)

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F-2018-1046

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**Summary of the Case:** In the Court of Criminal Appeals of the State of Oklahoma, Adam Russell Hemphill, Sr. was convicted by a jury of Child Neglect. He was sentenced to twenty-five years' imprisonment. Hemphill raised two issues on appeal: (1) allegations of prosecutorial misconduct during closing arguments and (2) the trial court's admission of evidence regarding his prior drug use. **Issues Presented:** 1. **Prosecutorial Misconduct:** - Hemphill argued that prosecutorial misconduct during closing argument prejudiced his right to a fair trial, primarily due to the prosecutor's references to his past marijuana use and comments regarding uncharged crimes. - The Court found that although some remarks made by the prosecutor were questionable, they did not rise to the level of affecting Hemphill's substantial rights or rendering the trial fundamentally unfair. The absence of objection to most comments and the strength of the evidence against Hemphill contributed to this conclusion. 2. **Admission of Evidence:** - Hemphill contested the introduction of evidence regarding his past marijuana use, asserting it was irrelevant and inadmissible as evidence of bad acts. - Although the Court agreed that the evidence was not relevant to the case and constituted an error in its admission, it ultimately concluded that the error was harmless in light of the overwhelming evidence of Hemphill's guilt. **Decision:** The appellate court affirmed the district court's judgment and sentence, determining that Hemphill was not entitled to relief on either of his claims. **Concurrences:** Judge Hudson concurred in the results but disagreed with the majority regarding the prosecutor's cross-examination about marijuana use. He believed the admission of this testimony did not constitute an abuse of discretion and was relevant to Hemphill's claims about his financial situation. --- For full details and legal citations, refer to the complete decision linked above.

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S-2019-479

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case involving Chris Forte and Skyla Forte, who were charged with Child Abuse by Injury and Child Neglect. The order of the District Court, which quashed the child abuse charge due to insufficient evidence, has been reversed by the appellate court. Key points from the document include: 1. The appellate court held that the District Court abused its discretion in determining that the magistrate's bind-over order for Count 1 (Child Abuse by Injury) was not based on competent evidence. 2. The preliminary hearing established that the alleged victim, a six-year-old girl named K.K., suffered extensive bruising and malnourishment which were reported as a result of the conduct of the Appellees. 3. Evidence included testimony from a child abuse pediatrician whose findings indicated that the injuries were consistent with abuse rather than legitimate disciplinary actions. 4. The court stated that the determination of whether the force used was reasonable or excessive is typically a matter for a jury to decide. 5. Ultimately, the matter has been remanded to the District Court for further proceedings consistent with the appellate court's opinion. The case illustrates the legal standards for assessing probable cause during preliminary hearings and clarifies the threshold for determining whether the use of physical discipline may cross into abusive conduct under Oklahoma law.

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F-2017-1215

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In OCCA case No. F-2017-1215, Ganey Marques Fairley appealed his conviction for Child Abuse by Injury and Child Neglect. In an unpublished decision, the court decided to affirm Fairley’s convictions but remanded the case for resentencing. One judge dissented. Fairley was found guilty of abusing a child and neglecting them. The trial took place in Tulsa County, where the jury gave Fairley a long sentence. Fairley's appeal brought up several concerns about how the trial was conducted, particularly pointing out that the prosecutor acted inappropriately. The first issue was about the prosecutor’s behavior during the trial, which Fairley claimed made it impossible for him to have a fair trial. He believed the prosecutor mentioned past abuse claims related to him when questioning an expert witness and kept bringing it up during her closing statements. Fairley argued that this made the jury think he was guilty of past actions instead of focusing on the current case. The court found that the way the prosecutor questioned the expert did indeed go too far and included too much information that shouldn’t have been brought to the jury's attention. They agreed that this could have influenced the jury's decision and may have negatively affected the fairness of the trial. While the court believed that the evidence against Fairley was strong enough to still call him guilty, they recognized that the prosecutor's actions had created an unfair situation, especially during the part where the jury decided on the punishment. In conclusion, the court decided they would keep Fairley’s guilty verdict but would send the case back to be resentenced, as they felt the previous sentencing might have been tainted by the improper actions of the prosecutor. The dissenting judge thought that if the prosecutor's behavior was indeed so wrong, it should affect the conviction itself, not just the sentence.

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S-2018-229

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**Summary of Case: State of Oklahoma v. Brittney Jo Wallace, 2019 OK CR 10** **Court**: Court of Criminal Appeals of Oklahoma **Case No.**: S-2018-229 **Date Filed**: May 23, 2019 ### Background: Brittney Jo Wallace was charged in the District Court of Rogers County with two counts of Enabling Child Abuse and one count of Child Neglect. A pretrial hearing was held regarding her motion to suppress evidence obtained from her cell phone, which was granted by the trial court. ### Key Points: 1. **Appeal by State**: The State of Oklahoma appealed the trial court's decision to suppress evidence obtained from Wallace's cell phone, arguing that the seizure was supported by probable cause. 2. **Legal Standards**: - The appeal is evaluated under 22 O.S.2011, § 1053, which allows the State to appeal a pretrial order suppressing evidence in cases involving certain offenses. - The appellate court applies an abuse of discretion standard when reviewing a motion to suppress. 3. **Probable Cause & Exigent Circumstances**: - The court recognized that warrantless searches are presumed unreasonable but can be justified under certain conditions, such as probable cause and exigent circumstances. - The detective believed that Wallace's phone contained evidence of child abuse and had sufficient reasons to act quickly to preserve that evidence. 4. **Actions Taken with the Phone**: - The detective accessed the phone with Wallace's assistance to forward calls and put the device in airplane mode, actions viewed as reasonable to prevent potential evidence loss. 5. **Trial Court's Findings**: - The trial court suppressed the evidence, stating the seizure and accessing of the phone were illegal. The appellate court found this decision to be an abuse of discretion, as the actions taken by law enforcement were justified. 6. **Search Warrant**: - The State also challenged the trial court's ruling regarding a subsequent search warrant for the cellphone, which the trial court deemed overly broad and not supported by probable cause. - The appellate court highlighted the need for the defendant to provide evidence showing the invalidity of the warrant and noted the lack of factual development in the record. ### Conclusion: The appellate court reversed the trial court's decision to suppress the evidence. It determined that the initial seizure and accessing of Wallace’s phone were reasonable and consistent with legal standards. The matter was remanded to the district court for further proceedings. The decision was unanimously concurred by all judges. **Document Link**: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-229_1734331323.pdf) --- This summary encapsulates the critical elements of the case, focusing on the legal principles involved and the court's reasoning without delving into detailed citations or procedural minutiae.

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RE-2017-1128

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**OKLAHOMA COURT OF CRIMINAL APPEALS** **Case No. RE-2017-1128** **Elizabeth Kay Sears, Appellant,** **v.** **The State of Oklahoma, Appellee.** **FILED: MAY 16, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** **¶1** This matter is an appeal from the revocation of Appellant Elizabeth Kay Sears' suspended sentence in Logan County District Court Case No. CF-2013-295, presided over by the Honorable Louis A. Duel, Associate District Judge. **¶2** On January 14, 2014, Appellant entered a plea of guilty to two counts of Child Neglect (21 O.S.2011, § 843.5(C)) and one count of Harboring a Fugitive (21 O.S.2011, § 440). She was sentenced to eight years imprisonment for each count, with the first three years of each sentence to be served, while the remaining years were suspended. On October 3, 2014, the District Judge modified Appellant's sentence to five years imprisonment for each count, all suspended, to be served concurrently. **¶3** The State filed a 2nd Amended Motion to Revoke Suspended Sentence on December 29, 2016, citing several probation violations, including new charges of Second Degree Burglary and Possession of Paraphernalia, arising from Logan County District Court Case No. CF-2016-404. **¶4** Appellant was arraigned on January 26, 2017, entered a plea of not guilty, and subsequently requested a continuance for her revocation hearing, which was ultimately heard on October 25, 2017. The court revoked Appellant's five-year suspended sentences in full after considering the evidence and arguments presented. **¶5** In her first proposition of error, Appellant contends that the revocation order should be reversed and dismissed. She argues that there was no valid waiver of the required twenty-day hearing period following her plea of not guilty, as stipulated in 22 O.S.Supp.2016, § 991b(A). She maintains that the record does not sufficiently show she was informed of this requirement; thus, the motion to revoke should be dismissed. **¶6** However, Appellant's request for a continuance of her revocation hearing undermines her argument. The legal precedent established in *Grimes v. State*, 2011 OK CR 16, clearly states that a defendant who acquiesces in or seeks a continuance cannot later claim entitlement to relief based on noncompliance with the twenty-day requirement. Moreover, Appellant does not claim ineffective assistance of counsel regarding this issue, and it is presumed that her attorney acted competently. **¶7** In her second proposition of error, Appellant seeks clarification of the trial court's revocation order, specifically, concerning the credit for time served. Although the State acknowledges a potential misstatement by the trial court about the duration of time credited, Appellant did not raise this issue for correction in the trial court before bringing it to this Court. Typically, we do not intervene without a preliminary determination by the District Court. **¶8** However, we will modify the procedural requirement that previously necessitated an appellant to file a separate motion to address this issue. In the absence of clear clerical error, we remand this matter back to the District Court of Logan County to allow Appellant to seek an order nunc pro tunc regarding the time served, as outlined in her second proposition of error. **DECISION** The revocation of Appellant's suspended sentence in Logan County District Court Case No. CF-2013-295 is AFFIRMED. This case is REMANDED for proceedings consistent with this opinion. A mandate will be issued following the filing of this decision. **APPEARANCES** **Counsel for Defendant:** Lisbeth L. McCarty, Oklahoma City, OK **Counsel for Appellant:** Lane Fitz, Norman, OK **Counsel for State:** Emily Kirkpatrick, Asst. District Attorney, Guthrie, OK **Counsel for Appellee:** Mike Hunter, Oklahoma Attorney General, Oklahoma City, OK **OPINION BY:** KUEHN, V.P.J. **CONCUR:** LEWIS, P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-1128_1734708375.pdf)

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F-2017-444

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In OCCA case No. F-2017-444, Haskin appealed his conviction for child neglect and child sexual abuse. In an unpublished decision, the court decided to affirm his convictions and sentences. No one dissented. Haskin was found guilty of neglecting children and sexually abusing them. The jury gave him several long prison sentences, including ten years for each count of neglect and many decades for sexual abuse. The judge ordered these sentences to be served one after the other. Haskin raised seven main arguments against his conviction during his appeal. He claimed that the trial court made mistakes that affected his rights. For example, he said that evidence was unfairly used against him, and that the trial did not follow the rules properly. He argued that a police investigator should not have gone back to his property without a warrant, and that his rights were violated in other ways as well. However, the court found that the police acted reasonably and that Haskin's claims of error did not hold up because he did not provide enough details to support them. The court carefully reviewed everything and decided there was no need to change the outcome of the trial. They ruled that Haskin's conviction and the long sentences would stand. The decision means he will serve a considerable time in prison for his actions.

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C 2014-693

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In OCCA case No. C 2014-693, a person appealed his conviction for child neglect. In an unpublished decision, the court decided to allow him to withdraw his no contest plea due to receiving bad advice from his attorney, which made his plea not knowing and voluntary. One judge dissented.

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C-2014-124

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In OCCA case No. C-2014-124, Roach appealed her conviction for three counts of Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea and remanded the case for a new evidentiary hearing with conflict-free counsel. One judge dissented.

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F-2012-703

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In OCCA case No. F-2012-703, Heather Ann Jones appealed her conviction for Second Degree Murder, Robbery Committed by Two or More Persons, Conspiracy to Commit Robbery, and Child Neglect. In an unpublished decision, the court decided to reverse the conviction for Robbery but otherwise affirmed the Judgment and Sentence from the District Court. One judge dissented. Heather Ann Jones was found guilty after a jury trial in Sequoyah County. The jury sentenced her to fifteen years for Second Degree Murder, five years for Robbery, a fine for Conspiracy to Commit Robbery, and one year in jail for Child Neglect, with all sentences running at the same time. Jones raised several issues on appeal. First, she questioned whether there was enough evidence to support her convictions. The court found that the evidence was sufficient to support the jury's decisions, as it showed that Jones knew her accomplices intended to commit robbery. Even though initially the victim let them in, it was shown that they used deception to gain entry, which made their actions unlawful. Second, Jones argued that it was wrong for the trial court to allow testimony about her behavior during a TV interview after her daughter was shot. The court found that while the video of the interview was inadmissible, the investigator’s testimony about her demeanor did not count as hearsay and did not unfairly affect the trial. Jones also claimed that statements made by a witness to the police were wrongly admitted, claiming it deprived her of a fair trial. Despite the admission being deemed an error, the court ruled that since the witness testified in court about the same things, the error did not impact the outcome significantly. Jones's objection to some character evidence used against her related to her behavior following her daughter’s shooting was dismissed, as the court believed it directly supported the charge of Child Neglect. She also argued that being convicted for both Robbery and Second Degree Murder was unfairly punishing her twice for the same act. The court agreed, finding that the acts were part of the same crime, so they reversed her conviction for Robbery. In terms of ineffective assistance of counsel, Jones claimed her lawyer should have objected to several pieces of evidence, including the TV interview, police statements, and character evidence. The court ruled that her lawyer's performance did not prejudicially affect the outcome because the decisions were matters of which objections would not have made a difference. Finally, Jones asked for a review of all issues together, hoping that their combined impact on her trial would show that she did not receive a fair trial. However, the court found the errors were not enough to change the outcome. Overall, the court reversed Jones's conviction for Robbery but affirmed the rest of her convictions and sentences.

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C-2013-150

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In OCCA case No. C-2013-150, a person appealed her conviction for possession of a controlled dangerous substance in the presence of a child and child neglect. In a published decision, the court decided to deny some requests but modified the sentence. One judge dissented. The case involved Jennifer Michelle Stumpe, who pled guilty to two crimes. The first was possessing marijuana in front of a child, and the second was child neglect. She entered a program to help people with drug problems. Unfortunately, her participation in the program did not go well, leading the state to seek to terminate her involvement in the program. After agreeing to terminate her program participation, Stumpe was sentenced to five years in prison for each crime, but the sentences would run together. She later asked the court to let her take back her guilty plea, claiming she did not get a fair chance because of her lawyer and that she didn't understand the consequences of her plea. The court looked closely at her claims. Stumpe argued she did not get good help from her lawyer and that she was confused about the law and the possible punishments. However, the court found that these claims should not change the outcome of her case and that there was no big mistake made that would affect her rights significantly. Stumpe specifically challenged the length of her sentence for the first crime. The law said she could only get a maximum of two years in prison for that charge, but the court had given her five years. The court agreed that this was a mistake and decided to change her five-year sentence for that crime down to two years while keeping the other parts of her punishment the same. In summary, while Stumpe's requests to withdraw her pleas based on poor advice were denied, the court granted her request to reduce her sentence for the first crime to match the law.

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C-2012-277

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In OCCA case No. C-2012-277, Crystal Lynn Erb appealed her conviction for Child Neglect. In a published decision, the court decided to remand the case for the appointment of new, conflict-free counsel to represent Erb in her application to withdraw her Alford plea. One judge dissented. Crystal Lynn Erb was charged with child neglect after she was accused of not taking care of her infant, Tamberlyn Wheeler. The events that led to the charges happened between January 2008 and April 2008, but the official charges were not filed until January 2011. This was a delay of almost 2 years and 9 months. A preliminary hearing took place in May 2011, and Erb was bound over on the charge. On October 12, 2011, she entered an Alford plea, which means she did not admit guilt but accepted a plea deal because it was in her best interest. She agreed to testify against her co-defendant, Samuel Wheeler, and was released on her own recognizance. During the sentencing hearing in February 2012, Erb was sentenced to 30 years in prison. Shortly after, her lawyer filed a motion for her to withdraw her guilty plea, arguing that Erb was innocent. However, during the hearing for this motion, the lawyer did not present any strong arguments or evidence for why Erb should be allowed to withdraw her plea. The judge denied the motion. Erb later filed an appeal and sought a review by the court, raising several claims for why her plea should be re-evaluated. She argued that her plea was not made knowingly or intelligently and that she did not receive good legal help due to a conflict with her attorney. The court noted that the issues Erb raised in her appeal were not dealt with properly by her lawyer when they tried to withdraw her plea. The court expressed concerns about whether her plea was voluntary and if her attorney did not provide effective assistance. Since the same lawyer represented Erb during both the plea and the motion process, the court decided that Erb needed a new attorney who could help her without any conflicts of interest. As a result, the court ordered that the case be sent back to appoint a new lawyer for Erb so that they could help her file a new application to withdraw her Alford plea and represent her in any related hearings. The decision was made to ensure that Erb received fair and effective legal help.

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