Plea Hearing Archives - Page 2 of 2

C-2001-665

Post author:Staff
Post published:March 20, 2002
Post category:C

In OCCA case No. C-2001-665, the petitioner appealed his conviction for indecent exposure. In a published decision, the court decided to grant the petitioner the ability to withdraw his guilty plea and vacate his conviction. One judge dissented. The petitioner, who had been originally charged with three counts of sexual abuse of a minor child, reached a plea agreement where the charges were reduced. He pled guilty to the lesser offense of indecent exposure and received a 20-year prison sentence, which was the minimum possible. Later, he wanted to withdraw his guilty plea, claiming that he had been misled about the prison time he would actually serve. He argued that he was incorrectly informed he would have to serve 85% of his sentence if he went to trial, which was not true for his case. The court found that the misinformation affected his decision to plead guilty even though he had also given contradictory statements during the hearings. The court ultimately ruled that because he was misinformed, his guilty plea was not entered knowingly and voluntarily. As a result, his conviction was vacated, and he was allowed to withdraw his plea.

C-1999-766

Post author:Staff
Post published:January 12, 2001
Post category:C

In OCCA case No. C-1999-766, Larnell Baucom, Jr. appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse the trial court's ruling and allow Baucom to withdraw his guilty plea. One judge dissented. Baucom had pleaded guilty to the crime of Trafficking in Illegal Drugs and received a ten-year prison sentence along with a suspended fine. Later, he wanted to withdraw his guilty plea, claiming that his attorney had given him incorrect advice regarding his potential sentence. The court looked at the case thoroughly, reviewing all records, transcripts, and Baucom's arguments. The main issue was whether the trial court was right to deny Baucom's request to withdraw his plea. The court found that Baucom’s attorney did not provide effective legal support, which led to Baucom entering his plea based on wrong information. Therefore, the court ruled that he should get the chance to withdraw his plea if he wants to. The dissenting opinion said that Baucom did not prove his plea was not knowingly made and that there was no strong evidence of improper advice from his lawyer. The dissenting judge argued that it was not the court's responsibility to act as Baucom's lawyer or raise issues that were not directly claimed by him.