C 2005-608
In OCCA case No. C 2005-608, Ricky Allen Rinker appealed his conviction for Sexual Abuse of a Child and Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to grant Rinker's request to withdraw his pleas. One judge dissented. Ricky Allen Rinker made pleas of guilty and nolo contendere for several counts of crimes against children. He was sentenced to a total of over forty years in prison. After some time, Rinker wanted to take back his pleas, saying they were not made knowingly or voluntarily. He believed he was not properly informed about the possible sentences and his eligibility for parole. The court agreed that he had not been properly informed about important rules related to his sentence, particularly that he would need to serve 85% of his time before being eligible for parole. Since this was a serious issue, the court allowed him to withdraw his pleas and overturned his sentence. Some judges thought that Rinker should have to provide more proof that he did not understand the rules concerning his pleas. They believed he had not shown enough evidence that he should be allowed to take back his pleas simply because no official record of his plea was made. However, in the end, the majority ruled in favor of Rinker, allowing him a chance to re-do his plea with all the proper information.