Petition for Writ of Certiorari

C-2019-329

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**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. C-2019-329** **Filed January 16, 2020** **Petitioner:** Andrea Dawnelle Feeling **Respondent:** The State of Oklahoma **Summary Opinion Denying Certiorari** **Judge Rowland:** Petitioner Andrea Dawnelle Feeling entered a blind plea of guilty in the Mayes County District Court (Case No. CF-2017-355) to Aggravated Assault and Battery (Count 1), in violation of 21 O.S.2011, § 646, and Battery on a Police Officer (Count 2), in violation of 21 O.S.2015, § 649(B). The Honorable Stephen R. Pazzo accepted Feeling's guilty plea on January 24, 2019. She received a sentence of five years for Count 1 and four years for Count 2, both served consecutively, along with a $500 fine on each count. Feeling filed a timely motion to withdraw her guilty plea, which was denied after a hearing on April 26, 2019. Her appeal raises three primary issues: 1. The voluntariness and knowing nature of her plea. 2. The alleged ineffective assistance of counsel during the plea process. 3. The claim that her sentence is excessive. **1. Voluntariness of Plea:** Feeling contends the district court abused its discretion in denying her motion to withdraw, arguing her plea was not entered knowingly and voluntarily. This Court reviews such denials for an abuse of discretion standard, which entails examining whether the trial court’s actions were unreasonable or arbitrary. The petitioner bears the burden to demonstrate a defect in the plea process. In analyzing the motion to withdraw, the trial court's review included the plea form and testimony from the withdrawal hearing. The record indicates that the district court did not abuse its discretion; Feeling's claims regarding the nature of her plea do not find support in the existing evidence. **2. Ineffective Assistance of Counsel:** To succeed on a claim of ineffective assistance of counsel, a petitioner must prove both deficiency in the attorney's performance and resulting prejudice. The court noted that Feeling did not demonstrate that counsel's performance affected the outcome of the plea proceedings. Given the existing record, the Court found no reasonable probability that different actions by counsel would have changed the result, rendering her ineffective assistance claim without merit. **3. Excessiveness of Sentence:** Feeling also appeals on the basis of an excessive sentence. The Court adheres to the principle that sentences within statutory limits are generally upheld unless they shock the conscience under the circumstances presented. The imposed sentences align with statutory expectations and do not shock this Court's conscience. **Decision:** The Petition for a Writ of Certiorari is DENIED, and the district court's denial of the motion to withdraw the plea is AFFIRMED. **Pursuant to Rule 3.15, MANDATE is ORDERED issued.** **Appearances:** - **For Petitioner:** Ashley Klinck, Garrett Marshall, Misty Fields - **For State:** Kyle Long, Assistant District Attorney **Opinion by:** Rowland, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Lumpkin, J.; Hudson, J. **[Link to full opinion in PDF format](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2019-329_1734233272.pdf)**

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C-2018-1184

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In the case of Hipolito John Herrera v. The State of Oklahoma, the Oklahoma Court of Criminal Appeals addressed Herrera's appeal concerning his guilty plea to Conjoint Robbery. The key issues raised by Herrera were: 1. **Plea Validity**: Herrera argued that his guilty plea was not entered freely, knowingly, and intelligently, citing misadvice from his legal counsel regarding his potential maximum sentence. The State conceded this point, acknowledging that the plea was not made with the requisite understanding. The court found that this constituted an abuse of discretion by the trial court in denying Herrera's motion to withdraw his plea. 2. **Restitution Order**: Herrera's second and third propositions focused on the restitution order, arguing that the trial court did not have sufficient proof of actual losses incurred by the victim and a bail bondsman, and that the bail bondsman should not be considered a victim under Oklahoma restitution laws. However, these propositions became moot due to the decision on the plea validity. Ultimately, the Oklahoma Court of Criminal Appeals reversed the trial court's denial of Herrera's Motion to Withdraw Guilty Plea and remanded the case for further proceedings. This ruling emphasized the importance of ensuring a defendant's plea is made with full understanding and without coercion or misinformation. The judicial decision highlighted in the summary opinion grants Herrera relief, enabling him to withdraw his plea and possibly reassess the legal consequences and restitution implications of his case.

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C-2018-1235

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**COURT OF CRIMINAL APPEALS OF OKLAHOMA** **STATE OF OKLAHOMA** **AUGUST 29, 2019** **CASE NO. C-2018-1235** **ROY DEAN HARJO,** *Petitioner,* **vs.** **THE STATE OF OKLAHOMA,** *Respondent.* **SUMMARY OPINION DENYING CERTIORARI** **KUEHN, VICE PRESIDING JUDGE:** Roy Dean Harjo entered a blind plea to Counts I, Assault and Battery with a Deadly Weapon, and Counts II-V, Assault with a Dangerous Weapon, after previous convictions for two or more felonies, in the District Court of Pottawatomie County, Case No. CF-2017-665. Following a sentencing hearing, the Honorable John Canavan sentenced Harjo to life on each Count I-V, concurrent for Counts II-V but consecutive to Count I, requiring Harjo to serve 85% before parole eligibility. Harjo filed a motion to withdraw his pleas, which was denied after a hearing on November 28, 2018. Harjo then filed a timely Petition for Writ of Certiorari, asserting four propositions of error: I. Harjo should be allowed to withdraw his pleas for Counts II-V due to lack of factual basis. II. His plea was not knowing and voluntary because he was uninformed about sentencing ranges, violating his rights under the Constitution. III. His plea was not knowing and voluntary due to misinformation regarding sentencing. IV. He was denied effective assistance of counsel. **Decision:** After comprehensive review, we find the evidence does not warrant relief. Proposition I cannot be considered as it was not presented in the motion to withdraw or the certiorari petition. In Propositions II and III, we find the pleas were knowing and voluntary. Harjo's assertion that he believed he would receive a thirty-year maximum sentence is contradicted by the record, which shows he understood the plea form stating potential life sentences. Therefore, his claims regarding plea counsel’s advice lack merit. In Proposition IV, we determine that there was no ineffective assistance from either plea or conflict counsel. Harjo's claim regarding the factual basis for his plea is unsupported, as ample facts exist to justify the plea. Any assertion that conflict counsel was ineffective for not challenging plea counsel also fails, as no substantial claims could have been made given the determination of a solid factual basis. **Conclusion:** The Petition for Writ of Certiorari is therefore **DENIED**. Upon filing this decision, the **MANDATE is ORDERED issued.** **This decision is concurred by all Justices.** --- *To view the complete decision, click [here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1235_1734229271.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-2018-675

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The summary opinion from the Oklahoma Court of Criminal Appeals involves a case where Rayvon Latroy Johnson sought to withdraw his guilty plea for the charge of Assault and Battery with a Deadly Weapon. Johnson's plea was initially found untimely by one day, but that decision was based on an oversight regarding the observance of President's Day, a legal holiday when the courthouse was closed. The court agreed with Johnson, acknowledging that the deadline for filing his motion to withdraw the plea was extended to the next business day due to the holiday. Therefore, the initial decision by the district court was incorrect. Additionally, the court found that Johnson's counsel failed to provide effective assistance by not establishing the timeliness of the plea withdrawal motion, constituting a lapse in observing his rights under both the United States and Oklahoma Constitutions. As a result, the court granted Johnson's petition for a writ of certiorari and remanded the case to the District Court of Oklahoma County for a new hearing on the motion to withdraw his guilty plea. This outcome reflects careful consideration of procedural fairness and adherence to legal standards for filing deadlines and the right to effective legal counsel.

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C-2017-567

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In OCCA case No. C-2017-567, the petitioner appealed her conviction for harboring a fugitive from justice. In an unpublished decision, the court decided to grant part of her request and said that she was wrongly denied her right to have a lawyer help her during important steps of her case. One judge disagreed with this decision. The case involves Teresa Lorena Altobella, who was charged with helping someone avoid the law. She pleaded guilty to the charge and was given a five-year prison sentence, which was suspended, meaning she wouldn’t go to jail if she followed certain rules, such as doing community service and completing a specific program. After her plea, she wanted to change her mind and asked the court to let her withdraw her guilty plea. The court had a hearing where Altobella tried to argue that she should be allowed to change her plea, but she did not have a lawyer to help her. She had trouble getting a lawyer before the hearing, and when she showed up without one, the judge did not allow her to have another lawyer during this important moment. Altobella argued that her guilty plea was not made correctly—she said she didn’t fully understand what she was doing when she pleaded guilty. The higher court looked at these points and agreed with Altobella when it came to the right to have a lawyer. The court said it is important for defendants to have legal help, especially during crucial parts of their cases like asking to withdraw a guilty plea. The court found that Altobella did not waive her right to a lawyer in a proper way, meaning that she should have been given a chance to have legal help. Because of this issue, the court decided to reverse the district court's decision that denied her request to withdraw her guilty plea. They sent the case back to the district court to make sure Altobella could have a lawyer help her figure out if she still wanted to withdraw her plea. The court's ruling on the pleas and other arguments was set aside because they believed it was essential to have proper legal representation in such cases. In summary, the court made it clear that every defendant has the right to legal assistance during important steps in their trial or when making significant legal decisions. This decision ensures that defendants have the support they need to navigate the legal system properly.

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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-2014-124

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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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C-2013-1046

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In OCCA case No. C-2013-1046, Ronald Franz appealed his conviction for Accessory After the Fact to Shooting with Intent to Kill. In an unpublished decision, the court decided to grant his petition for writ of certiorari and remanded the case to the district court for a proper hearing on his motion to withdraw his guilty plea. One judge dissented.

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C-2012-664

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In OCCA case No. C-2012-664, Juan Gabriel Choxmis appealed his conviction for First Degree Rape. In a published decision, the court decided to grant Choxmis's petition for a writ of certiorari, meaning they agreed to look at his case again because he did not receive fair representation at his hearing to withdraw his guilty plea. The court found he should have had a lawyer who did not have a conflict of interest. One judge dissented.

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C-2012-381

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In OCCA case No. C-2012-381, #1 appealed his conviction for #2. In a (published) decision, the court decided #3. #4 dissented. Gary Alan Stine took an Alford plea, which means he didn't admit guilt but accepted the punishment, to several serious crimes including indecent exposure and rape. He was sentenced to many years in prison, with some parts of his sentences running at the same time. Later, Stine tried to withdraw his guilty plea, claiming his sentence was unfair and that the participation of a guardian ad litem, who looks out for the interests of a child in court, negatively impacted his case. He believed this guardian acted too much like a prosecutor, which he thought was wrong. Stine also thought his lawyer did not help him properly during his case. The court looked carefully at everything, including the original records and what was said in court. They found that Stine's claims about both the guardian's role and his lawyer's performance were not valid. They noted that Stine had properly understood the charges against him and his sentence. Because of this, the court decided there wasn't enough reason to change Stine's plea or his sentence. They agreed that some parts of Stine's requests weren't even considered because they were not raised properly earlier. The court also found there was a mistake in the written document of his sentence that needed correcting, but that was just a small clerical issue, not a bigger problem with his case. In the end, the court denied Stine's petition to withdraw his plea and said they would correct the written sentence to match what was said in court.

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C-2011-546

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In OCCA case No. C-2011-546, Myron Emanuel Louie appealed his conviction for Assault with a Dangerous Weapon. In a published decision, the court decided to remand the case for the appointment of conflict-free counsel. One judge dissented. Myron Louie was originally charged with a more serious crime, but he later pleaded guilty to a lesser offense. However, after pleading guilty, he wanted to change his mind and withdraw his plea. The court sentenced him to ten years in prison, even after he expressed his desire to withdraw the plea. Louie then filed a motion to officially withdraw his guilty plea, but the court denied his request during a hearing. During the appeal, Louie claimed that his lawyer had a conflict of interest that affected how well he was represented. He argued that this made it hard for him to get fair legal help, especially during the hearing to withdraw his plea. The judges explained that a lawyer must represent their client fully and not have any conflicts that could hurt the client’s case. The court agreed that the original lawyer did not handle the motion to withdraw effectively and that this lack of proper representation meant Louie's appeal needed to be looked at again with a new lawyer who doesn't have a conflict of interest. They ordered the case to go back to the original court to appoint a new attorney. The judges also stated that if the new attorney managed to get the guilty plea withdrawn, this would be considered a successful outcome in this appeal. But if the motion to withdraw was denied again, all the decisions and details of that hearing would need to be sent back to the appellate court for review. In conclusion, the case was sent back to be re-evaluated with a new lawyer, making it a measurement of fairness and justice for Louie.

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C-2010-940

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In OCCA case No. C-2010-940, Gregory Davis Wabaunsee appealed his conviction for multiple charges, including two counts of Second Degree Burglary and possession of a firearm during the commission of a felony. In a published decision, the court decided to reverse and dismiss one of the firearm charges due to a double punishment issue, but they upheld the other convictions and sentences. One judge dissented.

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C-2010-1129

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In OCCA case No. C-2010-1129, Julius Jerome Walker appealed his conviction for multiple charges. In an unpublished decision, the court decided to deny his appeal but reversed one count with instructions to dismiss. One judge dissented. Walker was charged in a District Court in Muskogee County with serious crimes including Assault and Battery and Child Abuse. He decided to plead guilty to all the charges. The judge sentenced him to life for each charge, but they would all be served at the same time. After some time, Walker wanted to change his mind and filed a request to withdraw his guilty plea. During the hearing on his request, Walker raised several reasons why he felt he deserved to withdraw his plea. He argued that his lawyer did not help him well enough during the whole legal process, which is known as ineffective assistance of counsel. He also said he was punished too many times for actions that were really just one event, and that his sentences were much too harsh. After looking closely at all of his claims and the case details, the court decided to deny his request to withdraw the plea. However, they agreed with Walker on one point: he had been punished too many times for one part of his actions, so they decided to dismiss one of the counts against him. The court found that Walker’s arguments about ineffective assistance of counsel were not strong enough to change the outcome of the case except for that one count. They explained that his lawyer’s performance did have a small mistake, but most of what his lawyer did was acceptable. Finally, regarding the severity of his sentences, the court did not think they were too extreme, as they were in line with what the law allowed. Thus, they ruled that his punishments were fair based on the circumstances of the case. In summary, Walker did not succeed in changing his guilty plea except for one part of the case. The court maintained most of the convictions and sentences while ensuring that he would not be unfairly punished for the same event more than once.

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C-2009-900

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In OCCA case No. C-2009-900, Hooks appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to grant his request for a new hearing on his motion to withdraw his guilty plea. One member of the court dissented. Leon Lee Hooks was sentenced to thirty years in prison, but he could have ten years suspended. He decided to plead guilty, but later felt that he did not have the help he needed from his lawyer during the plea process. He filed a motion to change his plea and wanted to show that he was not given a fair defense. The main question was whether Hooks received good help from his attorney when asking to withdraw his guilty plea. The court found that there was a conflict because Hooks' complaints were about the quality of help from his lawyer. The lawyer could not fully defend Hooks and also prove that he did a bad job at the same time. Because of this, the court believed Hooks had a right to a new hearing where he could have a different lawyer who could help him without any conflicts. This was important to ensure he received a fair chance to prove his side of the story. In conclusion, the court decided to allow Hooks to have another chance to explain why he wanted to withdraw his guilty plea with the assistance of a lawyer who did not have a conflict of interest.

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C-2007-717

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In OCCA case No. C-2007-717, Inez Lee Shaw appealed her conviction for multiple counts of knowingly concealing stolen property and possession of firearms after conviction. In an unpublished decision, the court decided to modify Shaw's sentence for one of the counts from ten years to five years but affirmed the judgments and sentences in all other respects. One judge dissented.

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C-2005-211

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In OCCA case No. C-2005-211, the petitioner appealed his conviction for possession of child pornography and producing child pornography. In a published decision, the court decided to deny the petition for writ of certiorari and affirm the judgment while modifying the sentences. One judge dissented. Chad Justin Berntson entered guilty pleas to two serious charges related to child pornography in December 2004. In February 2005, he was sentenced to ten years in prison for each charge, with the sentences set to be served at the same time. He later asked to change his pleas, but the court said no. Berntson argued there were misunderstandings with the plea deal and claimed that one of the charges was not applied correctly, which made his plea involuntary. He also felt that the ten-year sentences were too harsh. After looking closely at his claims and the documents related to his case, the court decided that he did not have a misunderstanding about his plea. They noted that Berntson knew what to expect as they both agreed on a sentence of ten years. However, the court found that he was charged incorrectly with one of the counts, meaning he should have faced a lesser maximum sentence according to the different law that applied. Because of that, they changed the judgment and sentence for that count to five years instead. In the end, the court denied Berntson's request to change his plea, but they adjusted his sentence. They set both counts to five years in prison instead of the original ten years. The two sentences would still be served at the same time. One judge disagreed with how the court modified the sentences, believing that if Berntson entered a valid plea and got the sentence he expected, it should not be changed. This judge thought the court was wrong to alter the charges and punishments after the fact.

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C-2003-1334

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In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

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C-2003-1382

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In OCCA case No. C-2003-1382, Ronyell Lamar Shelton appealed his conviction for multiple crimes including Conspiracy to Commit a Felony, Robbery with a Firearm, Knowingly Concealing Stolen Property, and Unlawful Possession of a Firearm. In a published decision, the court decided to affirm the convictions for conspiracy, robbery, and unlawful possession of a firearm but reversed the conviction for one count of concealing stolen property, allowing Shelton to withdraw his plea for another count of this crime. One judge dissented regarding the reversal of the concealing stolen property charges, stating that both charges were valid.

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C-2002-1136

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In OCCA case No. C-2002-1136, the Petitioner appealed his conviction for Possession of a Stolen Vehicle and Eluding a Police Officer. In a published decision, the court decided to grant the petition in part, vacating the trial court's order regarding restitution and remanding for a restitution hearing. One Judge dissented.

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