Remand for Hearing

F-2014-1019

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In OCCA case No. F-2014-1019, Charles Leonard Bennett, III appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to affirm the judgment of the district court. One judge dissented. Bennett was found guilty after a trial where the judge, not a jury, listened to the case. He received a sentence of fifteen years in prison. Bennett raised several issues on appeal. He first argued that the evidence did not prove he did not act in self-defense. The court found enough evidence that a reasonable person could decide he was guilty beyond a reasonable doubt. This means they believed the victim and the facts presented at the trial supported the conviction. Bennett also wanted to argue other issues that could lead to a new trial. However, he decided to withdraw those arguments and only focus on the issues that might lead to his case being dismissed or his sentence being changed. He signed a document saying he knew what he was doing by waiving those rights. Another issue was about restitution, which is when a person convicted of a crime has to pay the victim for their losses. Bennett contested the court's order for him to pay restitution because the required paperwork showing the victim's losses was not properly presented during the trial. Since no proof of the victim's financial losses was provided, the court agreed that the restitution order was arbitrary and sent the case back to the district court to properly determine the victim's losses. Overall, while Bennett's conviction was upheld, the court required a re-evaluation of the restitution owed to the victim. The case was sent back to the district court for this purpose, but other than that, the court found no significant errors that would change the outcome of the case.

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C-2012-1154

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In OCCA case No. C-2012-1154, Charles D. North appealed his conviction for First Degree Manslaughter, among other charges. In a published decision, the court decided to grant North's request to withdraw his guilty pleas due to the fact that he was denied his right to have a lawyer present during the hearing on this motion. North also challenged the legality of his sentences for two other counts. The court agreed that those sentences exceeded what was allowed by law. Therefore, they vacated the illegal sentences and sent the case back to the lower court for North to have new counsel and a new hearing on his motion to withdraw his pleas. No one dissented.

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C-2012-287

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In OCCA case No. C-2012-287, Jason Harvey Thompson appealed his conviction for Unlawful Possession of Controlled Drug and Unlawful Possession of Drug Paraphernalia. In a published decision, the court decided to grant his petition and remand the case for a hearing. One judge dissented. Thompson had pleaded guilty to two charges and was sentenced to twenty years in prison for the first charge and one year for the second, which would be served at the same time as the first. He later tried to withdraw his guilty plea because he felt he did not receive good help from his lawyer when he was negotiating his plea agreement. He also claimed that the court did not properly check if he understood what he was doing when he accepted the plea and that the facts didn’t support his guilty plea. When Thompson asked to withdraw his plea, the trial court denied his request without holding a hearing on it. Thompson then took his case to the Oklahoma Court of Criminal Appeals, saying that the trial court should have listened to his reasons for wanting to withdraw his plea. The Appeals Court looked at all the information, including the legal rules, and found that the trial court did not follow the required procedures when Thompson wanted to withdraw his plea. According to the rules, the court is required to hold a hearing when someone asks to withdraw a plea, and since this did not happen, the Appeals Court said they needed to send the case back for a hearing. The Appeals Court also addressed an issue with the paperwork related to Thompson's charges, noting that some information in the sentencing document was wrong and needed to be corrected. In conclusion, the Appeals Court granted Thompson's petition, meaning he will get a chance to explain why he wants to withdraw his guilty plea in a new hearing, and they ordered the trial court to fix the sentencing paperwork.

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C-2010-260

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In OCCA case No. C-2010-260, the petitioner appealed his conviction for ten counts of child sexual abuse. In an unpublished decision, the court decided to grant the petitioner’s request for a remand for a new hearing with conflict-free counsel. The case focused on whether the petitioner’s guilty plea was entered knowingly and intelligently, particularly regarding the requirement that he be a person responsible for the child's health, safety, or welfare. One judge dissented, arguing that the majority's discussion on the plea's validity was unnecessary and constituted advisory dicta.

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C-2003-890

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In OCCA case No. C-2003-890, Saul Perez appealed his conviction for Child Neglect. In a published decision, the court decided to modify his sentence from eighteen years to ten years imprisonment. One judge dissented. Saul Perez pleaded guilty to the crime of Child Neglect, which means he was accused of not taking care of a child properly. He was sentenced to eighteen years in prison. Shortly after, Perez asked to take back his guilty plea, saying he shouldn’t have to accept the charge. He had several reasons why he believed the court should let him withdraw his guilty plea. First, he argued that there wasn’t enough evidence showing he was responsible for the child's neglect. Second, he thought he didn’t fully understand what he was pleading guilty to, so it wasn't a voluntary choice. Third, he said his punishment was too harsh, especially since he felt he hadn’t had a duty to care for the child, and the neglect wasn’t intentional. Lastly, he claimed he didn’t have a proper interpreter during an important meeting about his plea, which he believed violated his rights. The court reviewed all the facts and found that two of his reasons were valid enough to change his punishment. They determined that there was some confusion in the case about whether he truly understood the crime he was admitting to. They discussed what “neglect” meant and explained that the law is meant to hold responsible individuals accountable for a child's safety and care. Ultimately, while the court did not consider some of the reasons Perez gave for wanting to withdraw his plea, they agreed that his punishment was too severe based on the situation. Therefore, they reduced his sentence to ten years in prison instead of the original eighteen. One judge disagreed with the decision, arguing that without proving that Perez had a duty to care for the child, he should not be seen as guilty of a crime. This dissent meant that there was a difference of opinion among the judges regarding the case.

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