C-2019-227
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CYNTHIA ROWSHELL GAY,** Petitioner, **V.** **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2019-227** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **OCT 31 2019** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** **SUMMARY OPINION DENYING CERTIORARI** Petitioner Cynthia Rowshell Gay, represented by counsel, entered guilty pleas as part of a plea agreement with the State to the charges of Count 1, Driving While Under the Influence, a violation of 47 O.S.2011, § 11-902, and Count 2, Driving While Under Suspension, a violation of 47 O.S.2011, § 6-303(B), in the District Court of Oklahoma County, Case No. CF-2019-369. The Honorable Kathryn R. Savage, Special Judge, accepted the pleas on February 19, 2019. The plea agreement included a five-year sentence on Count 1, with all but the first thirty days suspended, and a one-year suspended sentence on Count 2, with the sentences running concurrently. On March 1, 2019, Petitioner filed an Application to Withdraw Guilty Plea, and a hearing was held on March 21, 2019, which resulted in the denial of her application. Petitioner claims the following error: Ms. Gay did not knowingly and voluntarily enter her plea of guilty, and thus the District Court erred when it denied her Application to Withdraw her Guilty plea. Upon thorough review of the record, including original documents, transcripts, and briefs, we find no need for reversal or modification. Our evaluation of a guilty plea focuses on its voluntary and intelligent nature (Boykin v. Alabama, 395 U.S. 238, 242-43, 1969; Ocampo v. State, 1989 OK CR 38, ¶ 3). We review the denial of a petitioner's motion to withdraw a plea for an abuse of discretion (Lewis v. State, 2009 OK CR 30, ¶ 5). Petitioner acknowledged signing the Plea of Guilty Summary of Facts form, which reflected her voluntary decision to plead guilty and accept a suspended sentence. With prior felony convictions, she was familiar with the process. Her motivations for signing the plea agreement, including a desire to expedite her release from jail, do not render the plea involuntary (United States v. Webb, 433 F.2d 400, 404 (1st Cir. 1970)). Petitioner’s change of heart after consulting relatives does not provide grounds for withdrawal, nor does disappointment with her sentence (Miles v. U.S., 385 F.2d 541, 544 (10th Cir. 1967); Lozoya v. State, 1996 OK CR 55, ¶ 44). The trial court found her plea was entered knowingly and voluntarily, and its findings during the hearing on the application to withdraw were credible. The record shows that Petitioner was fully informed of and understood the consequences of her plea. Her later claim regarding misunderstanding the conditions of her suspended sentence was deemed incredible by the trial court. We find no abuse of discretion in the denial of the motion to withdraw the guilty plea. Therefore, the proposition is denied. **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, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED to be issued upon the delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE KATHRYN R. SAVAGE, SPECIAL JUDGE** **APPEARANCES IN DISTRICT COURT:** NICOLE BURNS, ASST. PUBLIC DEFENDER HALLIE E. BOVOS, ASST. PUBLIC DEFENDER 320 ROBERT S. KERR, #400 OKLAHOMA CITY, OK 73102 COUNSEL FOR THE DEFENSE **APPEARANCES ON APPEAL:** RICKY LUTZ, ASST. DISTRICT ATTORNEY 320 ROBERT S. KERR, #505 OKLAHOMA CITY, OK 73102 COUNSEL FOR THE STATE **NO RESPONSE NECESSARY** **OPINION BY:** LUMPKIN, J. **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2019-227_1734232520.pdf)