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C-2018-675

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The summary opinion from the Oklahoma Court of Criminal Appeals involves a case where Rayvon Latroy Johnson sought to withdraw his guilty plea for the charge of Assault and Battery with a Deadly Weapon. Johnson's plea was initially found untimely by one day, but that decision was based on an oversight regarding the observance of President's Day, a legal holiday when the courthouse was closed. The court agreed with Johnson, acknowledging that the deadline for filing his motion to withdraw the plea was extended to the next business day due to the holiday. Therefore, the initial decision by the district court was incorrect. Additionally, the court found that Johnson's counsel failed to provide effective assistance by not establishing the timeliness of the plea withdrawal motion, constituting a lapse in observing his rights under both the United States and Oklahoma Constitutions. As a result, the court granted Johnson's petition for a writ of certiorari and remanded the case to the District Court of Oklahoma County for a new hearing on the motion to withdraw his guilty plea. This outcome reflects careful consideration of procedural fairness and adherence to legal standards for filing deadlines and the right to effective legal counsel.

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RE-2003-933

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In OCCA case No. RE-2003-933, the appellant appealed his conviction for abandonment. In an unpublished decision, the court decided to reverse the revocation of the suspended sentence. One judge dissented. The case started when the appellant was found guilty of abandoning his child by not paying court-ordered child support. He owed nearly $10,000 in unpaid support for his ten-year-old daughter. After initially being sentenced to five years in prison, his sentence was later changed to a suspended sentence of about four years and eight months. This meant he would not go to prison immediately and could work on paying the support he owed. The appellant was required to get a job, do community service, and make monthly payments towards his child support. However, he fell behind on these payments, and the court eventually issued a warrant for his arrest because of this failure to pay. Over the next couple of years, the court continued to postpone his sentencing. The appellant managed to pay some of his arrears, but he still owed money. By 2003, the court revoked his suspended sentence, saying he had not met the payment requirements. After reviewing the case, the appellate court found that the appellant's suspended sentence actually ended before the revocation took place. The court explained that even though he had missed a payment, the revocation occurred after his sentence had technically expired, which was different from the usual rules. Because of this, the court decided to reverse the revocation and said the case must be dismissed.

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