M 2011-0871
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 In an unpublished decision, the court decided that the trial court made a mistake by not allowing her to have a lawyer during her hearings.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.