C-2017-684
In OCCA case No. C-2017-684, Bryan Lee Guy appealed his conviction for possession of a stolen vehicle, driving while his license was under suspension, and affixing an unauthorized license plate. In an unpublished decision, the court decided to deny his appeal and remand the case to the District Court for a determination of whether he is a mentally ill person exempt from paying the costs of incarceration. One judge dissented. Bryan Guy was charged with three offenses and entered a guilty plea for all of them. He received a sentence that included time in prison and jail, plus post-imprisonment supervision. After a few days, he wanted to withdraw his guilty plea, saying he didn't fully understand what he was doing or that he wasn't well advised by his lawyer. The court held a hearing but decided not to allow him to withdraw his plea. In his appeal, Bryan raised three main issues. He argued that he should be allowed to take back his guilty plea because it wasn't made in a knowing, intelligent, and voluntary way. He also complained about being charged for incarceration costs and claimed his lawyer didn't provide effective help. The court looked closely at Bryan’s arguments. It found that he didn’t prove that he didn’t understand his plea, concluding that the trial court acted fairly. Bryan's second point about the costs also didn't stand because he didn't raise it during the first hearing, which meant he could not bring it up later in his appeal. His claim about not getting good help from his lawyer was examined using a specific test. The court noted that Bryan claimed to have been misinformed about the minimum punishment for one of the offenses, but this did not affect the outcome since the misunderstanding was in his favor. Ultimately, the court found that there was a chance Bryan might be mentally ill, which means he might not have to pay for incarceration costs. This was a significant factor, leading to the decision to send the case back to the lower court for more examination of his mental health status. The final decision of the court was to deny the appeal for the first two issues but recognized the need to assess Bryan's mental health concerning the costs he was ordered to pay for incarceration. The case was remanded for that specific determination.