In OCCA case No. C-2003-31, Nemol Joe Fox appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense, and misdemeanor Driving Under Revocation. In a published decision, the court decided to grant the petition for a writ of certiorari. One judge dissented. Mr. Fox entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. He was sentenced to ten years imprisonment, with five years suspended, plus fines for both charges. He later asked to withdraw his plea, saying he didn’t fully understand what he was agreeing to. The court found that Mr. Fox was not properly advised about the option of treatment for his drinking problem, which is allowed under the law for such cases. Because of this, the court decided that his plea should be allowed to be withdrawn. The original sentence was reversed, and Mr. Fox was granted another chance to address these issues. One judge disagreed, stating that the trial court likely considered all options, including treatment, when deciding on the sentence. The dissenting judge felt that Mr. Fox should not get to change his plea because he and his lawyer had not raised this issue earlier in court. Overall, the main decision was that Mr. Fox did not get the fair chance he should have had to understand his options, specifically regarding treatment for his alcohol issues.
