Plea Hearing

C-2020-668

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In OCCA case No. C-2020-668, Jeffrey Montrell Alexander McClellan appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse the lower court's order denying McClellan's application to withdraw his guilty plea and remanded the case for a new hearing with conflict-free counsel. One judge dissented. McClellan had entered a guilty plea and was sentenced to twelve years in prison and fined one thousand dollars. Later, he wrote a letter to the court saying he wanted to appeal because he believed he didn’t have proper legal help. The court treated this letter as a request to withdraw his guilty plea, but this request was denied. McClellan’s main argument was that he was not given effective assistance of counsel, especially at the hearing where he wanted to withdraw his plea. He said that the attorney who was supposed to help him at the hearing had represented him during the plea, creating a conflict of interest. The court agreed with him, saying that defendants have a right to a lawyer who can represent their interests without any conflicts. Since McClellan’s attorney did not actively defend him during the hearing and was the same attorney who represented him at the plea, the court found this to be a problem. As a result, the court ordered that McClellan gets a new hearing to discuss withdrawing his guilty plea, but this time with a different attorney who has no conflicting interests.

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C-2019-227

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**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)

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C-2018-685

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ORIE DANIEL HILL,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-685** **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: **Background:** Orie Daniel Hill, Petitioner, entered a blind plea of nolo contendere to multiple charges including: first-degree rape (victim under age fourteen), rape by instrumentation, lewd or indecent acts to a child under sixteen, and child sexual abuse. The trial court sentenced him to thirty years imprisonment on each count to be served concurrently and mandated three years of post-imprisonment supervision. Hill later filed a motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily, and that he was denied effective assistance of counsel. **Issues Raised:** 1. The trial court abused its discretion in denying Hill's motion to withdraw his plea; 2. Hill was denied effective assistance of counsel. **Facts:** The case involved allegations against Hill related to inappropriate sexual behavior towards an 8-year-old girl, A.H. The investigation included statements from the victim and forensic evidence, including DNA linking Hill to the offenses. **Analysis:** The court's review is limited to whether the plea was entered voluntarily and intelligently, whether the sentence was excessive, and whether counsel was effective. The burden is on Hill to demonstrate that his counsel was ineffective or that he did not fully understand the plea agreement. 1. **Proposition One:** The court concluded that Hill knowingly, intelligently, and voluntarily entered his plea. He was informed of his rights and the potential consequences. Despite Hill's claim of feeling pressure and receiving poor legal advice, the court found no evidence supporting these assertions. 2. **Proposition Two:** Hill’s claim of ineffective assistance of counsel did not meet the standard established in Strickland v. Washington, which requires showing both deficient performance and resulting prejudice. The court ruled that counsel’s advice was sound and appropriately reflected the realities of the situation, including the potential for harsher sentences if the case went to trial. **Conclusion:** The petition for a writ of certiorari is DENIED, and the judgment and sentence are AFFIRMED. **MANDATE:** Ordered issued upon delivery and filing of this decision. --- **APPEARANCES:** - **For Appellant:** David R. Slane; Nicollette Brandt - **For the State:** Chris Anderson, Assistant District Attorney **OPINION BY:** Lewis, P.J. **Concur:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-685_1734175737.pdf)

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C-2018-927

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SAHIB QUIETMAN HENDERSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-927** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 30, 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Sahib Quietman Henderson entered a blind plea of guilty to Distribution of a Controlled Dangerous Substance within 2,000 feet of a School in the District Court of Stephens County, Case No. CF-2016-393. The plea was accepted by the Honorable Ken J. Graham, District Judge, on April 30, 2018, with sentencing delayed until July 25, 2018. On that date, Petitioner was sentenced to thirty (30) years in prison, with the first fifteen (15) years to be served and the remaining fifteen (15) years suspended, alongside a fine of $2,500.00. On August 2, 2018, represented by counsel, Petitioner filed an Application to Withdraw Plea of Guilty. At hearings on August 20 and 22, 2018, Judge Graham denied the motion to withdraw. Petitioner appeals the denial and raises the following propositions of error: 1. Failure of the State and District Court to honor the promised consideration for Appellant's plea requires modification of his inflated sentence, or an opportunity to withdraw his plea. 2. The sentence is shockingly excessive given the circumstances of the case. 3. Ineffective assistance of counsel in identifying, presenting, and preserving issues for review. After thorough review of these propositions and the entirety of the record, including original record, transcripts, and briefs, we find that neither reversal nor modification is required. Our primary concern in evaluating the validity of a guilty plea is whether the plea was entered voluntarily and intelligently. Petitioner carries the burden of proving his plea was entered unadvisedly, through influence, or without deliberation. Voluntariness is assessed through the entire record. In **Proposition I**, Petitioner claims that the plea lacked a knowing and voluntary nature due to non-fulfillment of a promise that he would be sentenced as a first-time offender and because of purported drug buys by his wife reducing his sentence. Contrary to this argument, the record shows Petitioner was treated as a first-time offender, with the court considering the mitigating factors at sentencing. His dissatisfaction with the resulting sentence does not provide grounds for withdrawal of the plea. In **Proposition II**, Petitioner contends the sentence is excessive. However, as he did not raise this claim in his Application to Withdraw Guilty Plea to the trial court, it is waived on appeal. In **Proposition III**, Petitioner argues ineffective assistance of counsel during both the plea and withdrawal hearings. A claim for ineffective assistance of counsel is only established by showing that counsel's performance was deficient and that it resulted in prejudice to the defendant. The record does not support that withdrawal counsel's performance was deficient or that it affected the outcome—Petitioner maintained he did not wish to withdraw his plea but rather sought a sentence modification. **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, the MANDATE is ORDERED issued upon this decision. --- **APPEARANCES IN DISTRICT COURT:** Grant D. Shepherd 601 S.W. C Ave., Ste. 201 Lawton, OK 73501 Counsel for the Defense **APPEARANCES ON APPEAL:** Kimberly D. Heinze P.O. Box 926 Norman, OK 73070 Counsel for Petitioner at the Plea Hearing Ronald L. Williams P.O. Box 2095 Lawton, OK 73502 Counsel for the Defense at the Withdrawal Hearing Jason M. Hicks District Attorney Cortnie Siess & Greg Steward Assistant District Attorneys Stephens Co. Courthouse 101 S. 11th St., Duncan, OK 73533 Counsel for the State **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-2018-927_1734182885.pdf)

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C-2018-372

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LAVONTE ANTONIO JOHNSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-372** **SUMMARY OPINION DENYING PETITION FOR WRIT OF CERTIORARI** **Filed May 39, 2019** **JOHN D. HADDEN, CLERK** **LEWIS, PRESIDING JUDGE:** Lavonte Antonio Johnson, Petitioner, pled guilty to using a vehicle to facilitate the intentional discharge of a firearm, in violation of 21 O.S.2011, § 652(B), in the District Court of Oklahoma County, Case No. CF-2014-2033. The Honorable Susan K. Johnson, Special Judge, accepted the plea and deferred judgment for five (5) years, subject to rules and conditions of probation. The State later moved to accelerate the judgment, alleging that Petitioner violated the rules and conditions of probation by possessing a firearm and jumping bail. The Honorable Ray C. Elliott, District Judge, accelerated judgment and sentenced Petitioner to twenty-seven (27) years imprisonment. Petitioner filed a motion to withdraw his guilty plea, which the trial court denied. Petitioner now seeks a writ of certiorari based on the following propositions of error: 1. Petitioner did not knowingly and voluntarily enter his plea of guilty, and the district court erred when it denied his application to withdraw the plea. 2. Petitioner received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution. 3. Petitioner’s 27-year sentence is excessive under the Eighth Amendment and shocks the conscience. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction, whether the sentence is excessive, whether counsel was effective at either the plea hearing or the withdrawal hearing, and whether the State has the power to prosecute the defendant. ### Proposition One In this proposition, Petitioner claims that the record shows he did not voluntarily enter his plea, due to a notational error by his counsel regarding the 85% rule applicable to his sentence. The court points out that a valid plea represents a voluntary and intelligent choice among alternatives. The ruling on a motion to withdraw a plea is reviewed for abuse of discretion. The trial court concluded that despite the error, Petitioner was properly informed about the 85% crime classification, denying this proposition. ### Proposition Two Petitioner argues that his counsel failed to adequately advise him regarding the ramifications of the 85% rule, thus rendering his plea involuntary. The court reviews this claim under the two-pronged Strickland standard for ineffective assistance of counsel. The court found that Petitioner did not show that counsel's performance was deficient or that it prejudiced him, denying this proposition. ### Proposition Three Petitioner argues that his sentence is excessive. The court notes that a sentence within the statutory range will not be modified unless it shocks the court's conscience. Given that Petitioner violated probation for a violent felony by possessing a firearm and jumping bail, the court finds that the sentence does not shock the conscience, thus denying this proposition. ### Decision The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** ### APPEARANCES AT TRIAL **TONY COLEMAN** **ATTORNEY FOR PETITIONER** ### APPEARANCES ON APPEAL **ANDREA DIGILIO MILLER** **ATTORNEY FOR PETITIONER** **LORENZO BANKS** **THOMAS HURLEY** **ATTORNEYS FOR DEFENDANT** **DANIEL POND** **ATTORNEY FOR THE STATE** **OPINION BY: LEWIS, P.J.** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-372_1734105356.pdf)

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C-2017-1036

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **DANA MECHELE LANGLEY,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2017-1036** **SUMMARY OPINION DENYING CERTIORARI** **HUDSON, JUDGE:** Petitioner Dana Mechele Langley was charged in the Tulsa County District Court with multiple counts, including **Lewd Molestation**, **Enabling Child Sexual Abuse**, and **Child Sexual Abuse**. Langley entered a blind plea of guilty to these charges on June 19, 2017. Following a hearing, Judge Sharon K. Holmes sentenced her to significant prison terms. On September 6, 2017, Langley, through her counsel, filed an application to withdraw her guilty plea, which led to the appointment of conflict counsel. After a hearing, her request was denied. Langley then sought a writ of certiorari, raising three propositions of error: 1. The trial court's denial of the motion to withdraw her guilty plea was plain error and an abuse of discretion due to an inadequate factual basis. 2. Denial of effective assistance of counsel during both the plea hearing and the plea withdrawal hearing. 3. The sentences imposed were excessive given the circumstances. **DECISION:** After reviewing the complete record, including transcripts and exhibits, the Court found no grounds for relief. **Proposition I:** The claim regarding the factual basis for the lewd molestation counts was not raised at the withdrawal hearing; thus, it was procedurally defective and not properly before the Court. **Proposition II:** The ineffective assistance claim was similarly waived as it was not included in her motion to withdraw. Furthermore, the Court found sufficient evidence supporting the factual basis of her pleas, dismissing claims about the inadequacy of representation. **Proposition III:** The sentences were consistent with statutory ranges and did not shock the conscience of the Court. **CONCLUSION:** The Petition for Writ of Certiorari is **DENIED**, and the judgment and sentence from the district court are **AFFIRMED**. **Pursuant to Rule 3.15, RULES OF THE OKLAHOMA COURT OF CRIMINAL APPEALS, the MANDATE is ORDERED issued upon delivery and filing of this decision.** --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1036-1_1733900854.pdf)

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C-2018-489

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**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

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C-2017-1044

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The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

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C-2016-813

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In OCCA case No. C-2016-813, Derlin Lara appealed his conviction for multiple charges, including Manslaughter in the First Degree and Driving Under the Influence. In an unpublished decision, the court decided to deny in part and grant in part the appeal. One judge dissented. Derlin Lara was involved in a serious legal situation where he entered an Alford plea. This type of plea means that he did not admit guilt but agreed that there was enough evidence to convict him. His charges included killing someone while driving under the influence, injuring another person while DUI, driving without a license, and transporting alcohol in the car. After he pleaded guilty, he was sentenced by a judge. The judge gave him a long sentence that meant he’d serve a lot of time in prison. Lara later wanted to take back his plea because he felt it wasn’t fair and that he didn't fully understand what he was doing. He argued that he was confused during the process, and that he had received poor advice from his lawyer. The court looked carefully at Lara's case and found several key points: 1. The judges believed that Lara's plea was actually made with understanding, even though he insisted that he did not understand everything. They noted that he had an interpreter during his hearings. 2. The court decided that Lara was not unfairly punished multiple times for the same actions. They explained that each charge had different parts and involved different victims, so they did not violate any laws regarding multiple punishments. 3. Lara’s claims about his lawyer not helping him were also rejected. The court found that Lara did not show that having a different lawyer would have changed his decision to plead guilty. 4. The sentence he received for one of the charges was too harsh according to the law. He was given a year in jail for driving without a license, but that punishment was higher than allowed. The court changed that sentence to a shorter one of just thirty days. Lastly, the court found that the amounts assessed for victim compensation and restitution were not properly explained during sentencing. Therefore, they canceled those amounts and decided that a hearing should be held to determine fair compensation. In summary, while the court denied most of Lara's requests, they did change one of his sentences and agreed that some financial penalties needed to be rethought.

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C-2016-38

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In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

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C-2015-573

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In OCCA case No. C-2015-573, Jeremy Ross Wilson appealed his conviction for Escape from the Department of Corrections. In a published decision, the court decided to modify Wilson's sentence. One judge dissented. Jeremy Ross Wilson was an inmate who escaped from a work center. He was arrested later and faced charges for his escape. He pleaded guilty and was given a long sentence, but he later wanted to take back his guilty plea. His motion to do so was denied, and he appealed that decision. The case included a problem with how the state used Wilson's past felony convictions. The law says you cannot use the same prior convictions to charge someone with a crime and to make the punishment worse for that crime. The state did that with Wilson, using five of his past felonies to both charge him and to increase his punishment. Because of this, the court found that Wilson had been given a harsher sentence than what was allowed by law. The main question was whether Wilson had entered his guilty plea voluntarily and intelligently. It was found that he had. However, the court also decided that the sentence needed to be corrected. Wilson's lawyer did not challenge the state's use of the prior felonies, which was seen as ineffective help. As a result, the court modified Wilson's sentence to a shorter term of seven years instead of fifteen. Wilson would also have to be supervised for a year once released and pay fines. The court affirmed the decision to deny his request to withdraw his guilty plea but changed the length of his sentence.

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C 2015-980

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In OCCA case No. C 2015-980, Gary Thomas Schofield appealed his conviction for Driving Under the Influence, Driving Under Suspension, and Failure to Use Child Restraint. In an unpublished decision, the court decided to affirm the denial of his motion to withdraw his nolo contendere pleas but modified his fine for the Failure to Use Child Restraint charge from $50.00 to $10.00. One judge dissented.

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C 2015-473

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In OCCA case No. C 2015-473, Johnny Allen Ross appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine) and Possession of a Controlled and Dangerous Substance (Marijuana). In an unpublished decision, the court decided to grant the appeal because Ross was denied effective assistance of counsel during the hearing on his motion to withdraw his guilty plea. One judge dissented.

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C 2014-920

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In OCCA case No. C 2014-920, John Edward Oxford appealed his conviction for several serious crimes including robbery, burglary, and conspiracy. In a published decision, the court decided to deny his appeal but also ordered a hearing to review the amount of restitution he was ordered to pay. Oxford was charged with multiple counts and, on July 10, 2014, he entered a blind plea, which means he pleaded guilty without negotiating a deal, to all the charges. The court sentenced him to a total of over 70 years in prison and ordered him to pay about $67,539 in restitution to the victims. After his sentencing, Oxford tried to withdraw his guilty plea, claiming he did not understand the charges and was not fully informed about his rights. The trial court held a hearing on this and ultimately denied his request. Oxford then appealed this decision, arguing several points. First, he believed he should not have been sentenced for certain counts because it violated laws against double punishment. However, the court noted that his arguments about double jeopardy were not raised in the earlier stages and thus were not considered. Second, he argued there wasn't enough evidence to support the restitution amount, but again the court found this issue had not been raised before and rejected it. Oxford also claimed he did not receive effective legal help during his plea and the hearing to withdraw it. The court agreed that there were problems with how his attorney handled the restitution order, focusing mainly on the lack of detailed documentation justifying the restitution amount. This lack of evidence meant the restitution order was not valid. While the court found that Oxford's guilty plea was made voluntarily, it did acknowledge inadequate support for the restitution order. Therefore, it denied his appeal regarding the guilty plea but vacated the restitution order, sending the case back to the lower court for a proper review of how much compensation was truly owed to the victims. One judge dissented, noting that the case should have been looked at more closely regarding the earlier claims. So, in summary, the appeal was mainly denied except for the part about restitution, which was sent back to the lower court for further review.

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M 2011-0870

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In OCCA case No. M 2011-0870 and case No. M 2011-0871, Sherry Kay Taylor appealed her conviction for driving under the influence and other related offenses. In an unpublished decision, the court decided to reverse her conviction and ordered a new trial. One judge dissented.

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M 2011-0871

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In OCCA case No. M 2011-0870 and M 2011-0871, Sherry Kay Taylor appealed her conviction for misdemeanors related to driving under the influence and other offenses. In an unpublished decision, the court decided that the trial court made a mistake by not allowing her to have a lawyer during her hearings. One judge dissented. Sherry was charged with driving while under the influence of alcohol, driving without a license, and improper backing in a case from December 21, 2010. She initially pleaded no contest to driving under the influence and received a six-month deferred sentence. Later, she was charged again for driving under the influence of both drugs and alcohol. In September 2011, Sherry went to a hearing where she was supposed to represent herself because her request for a lawyer was denied. The judge believed she had enough time to find a lawyer but Sherry argued that she didn't understand how to represent herself and didn't want to waive her right to have an attorney. The court looked into whether Sherry had been properly informed about her right to a lawyer and whether she had given up that right knowingly. It was found that there was no clear record showing that she had chosen to represent herself or that she understood the risks involved. Ultimately, the court decided that denying her the help of a lawyer was a mistake and ordered that she should have a new trial and a new hearing to review her sentence in a fair manner.

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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-2011-945

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In OCCA case No. C-2011-945, Hall appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, and assault with a dangerous weapon. In an unpublished decision, the court decided to deny Hall's petition to withdraw his plea but reversed the conviction for assault with a dangerous weapon with instructions to dismiss it. One judge dissented.

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C-2011-592

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In OCCA case No. C-2011-592, Philipe Jean Pace appealed his conviction for Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies. In a published decision, the court decided to grant the writ and allow the Petitioner to withdraw his plea and proceed to trial. One judge dissented. Philipe Jean Pace was charged with a crime and, instead of going to trial, he decided to plead nolo contendere, which means he did not contest the charges. The trial judge accepted his plea and sentenced him to twenty years in prison, but he only had to serve the first ten years. After the plea, Pace wanted to change his mind and asked to withdraw his plea, but the court said no. In his appeal, Pace argued two main points. First, he said he didn't understand what he was doing when he gave up his right to have a lawyer help him. He claimed that he didn't really know what would happen if he represented himself. Second, he believed that he was confused and didn’t make a proper decision to plead guilty. The higher court looked at all the details, including what happened in the trial court. They found that the original court did not really explain to Pace the risks of not having a lawyer. They noted that just because he had signed a form saying he wanted to waive his right to counsel, it didn't mean he actually understood what he was giving up. The judges pointed out that there was no evidence in the record that he was properly informed about the dangers of self-representation or that he clearly stated he wanted to represent himself. Because of these problems, the higher court ruled that the lower court made a mistake when it denied Pace's request to withdraw his plea. They believed it was important for a person to fully understand their rights and the consequences of their choices in court. As a result, the court decided that Pace could withdraw his plea and would be able to have a trial.

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C-2010-1059

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In OCCA case No. C-2010-1059, Karen Deborah Smith appealed her conviction for Enabling Sexual Abuse of a Minor Child. In an unpublished decision, the court decided to grant her petition and remand the case to the district court for a proper hearing on her motion to withdraw her guilty plea. One judge dissented. Petitioner, Karen Deborah Smith, was charged with two counts of enabling sexual abuse of a minor child in Tulsa County. She entered a plea of no contest and was sentenced to five years in prison, with two years suspended on each count, serving the sentences at the same time. Later, she requested to withdraw her guilty plea, but her request was denied after a hearing. In her appeal, Smith raised several arguments. She claimed she should be allowed to withdraw her plea because there was no strong reason for her to accept it, especially since an 11-year-old was involved, and he was not actually responsible for the care and safety of the children. She argued that she did not have complete understanding of her situation when she entered her plea because she wasn't informed enough about the 85 percent requirement linked to her charges. She said her lawyer didn't properly explain everything to her and that there was a conflict of interests because the same lawyer represented her during both the plea and the withdrawal request. The court looked carefully at her claims and agreed that she might not have received fair legal help when she tried to withdraw her plea because the same lawyer represented her both when she made her plea and when she wanted to change it. The judge recognized that the lawyer might not have done his best job during the withdrawal hearing since he could not argue against his own previous actions. The court decided to grant Smith's request and ordered her case to be sent back to the district court for another hearing. This time, the court instructed that she should have a different lawyer who did not have previous connections to her case, ensuring she would have fair representation. In summary, the court took action to make sure that Smith's rights were protected, and it wanted to ensure she had a fair chance to address her situation properly. The dissenting opinion noted disagreement with the court’s decision, believing that Smith had been properly informed and had made a voluntary decision regarding her plea, and no actual conflict or prejudice had been shown.

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C-2009-542

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In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

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C-2008-682

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In OCCA case No. C-2008-682, Floyd Ray Williams, Jr. appealed his conviction for manslaughter in the first degree, leaving the scene of an accident resulting in death, eluding an officer, and driving under suspension. In an unpublished decision, the court decided to grant part of his appeal and deny the rest. One judge dissented. Williams had entered a nolo contendere plea, which means he did not admit guilt but accepted punishment for the crimes charged. He was sentenced to a total of 51 years in prison and fines for the various offenses. Williams later tried to withdraw his plea, claiming he had not been given the right information about his punishment and that his lawyer had not helped him properly. The court looked closely at Williams’s arguments. They agreed that he did not know he could get jail time for driving under suspension, so they decided to cancel that one-year sentence. However, they found that his pleas for the other charges were made with understanding, and he couldn't show that he would have acted differently if he had known the correct punishments for the other counts. The judges also believed that the prison sentences were not too harsh, and Williams didn’t prove that his lawyer had done a poor job. Since they found that all but one of Williams's claims were not valid, they denied those parts of the appeal. As a result, the court ordered the lower court to fix a small mistake in the paperwork regarding Williams’s plea and the specific laws he was charged with breaking. The end decision allowed Williams to be resentenced for one specific charge and made sure all details were correct in the official records.

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C-2004-1108

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In OCCA case No. C-2004-1108, Jonathan Andrew McCubbin appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to grant McCubbin's petition for Writ of Certiorari and remanded the case for a new hearing on his application to withdraw his guilty plea. One judge dissented. Here's a summary of what happened: McCubbin entered a blind guilty plea, which means he agreed to plead guilty without a deal or knowing what his sentence would be. He was sentenced to fifty years in prison, but would serve only thirty years for each count, all at the same time. After some time, McCubbin wanted to take back his guilty plea and tried to do so by asking the court. He argued that his lawyer did not give him good legal help and that their interests were not the same; his lawyer seemed to be against him during the hearings. The court found that there was a true conflict between McCubbin and his lawyer. The lawyer was unable to defend him properly because they were arguing with each other over whether McCubbin should be allowed to withdraw his plea or not. Because of this conflict and the lack of good legal help, the court said McCubbin needed a new chance to withdraw his guilty plea. This meant the case would go back to the trial court for a proper hearing where he could have a different lawyer represent him.

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C-2004-957

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In OCCA case No. C-2004-957, Jeremy Clarence Rankin appealed his conviction for various charges. In a published decision, the court decided to grant his petition for Certiorari and remanded the case to the District Court for a new hearing on Rankin's motion to withdraw his guilty pleas. One judge dissented, stating that he did not believe there was evidence of ineffective assistance of counsel and that the original plea was made knowingly and voluntarily.

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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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