Timely Petition Archives

C-2011-651

Post author:Staff
Post published:February 8, 2011
Post category:C

In OCCA case No. C-2011-651, the appellant appealed his conviction for domestic assault and battery by strangulation and threatening to perform an act of violence. In an unpublished decision, the court decided to modify the sentence for the second count but affirmed the conviction and sentence for the first count. One judge dissented. James Duane Dorsey, Jr. entered a guilty plea for domestic assault and battery and no contest for threatening to perform an act of violence. He was sentenced to three years in prison, which was suspended, and 90 days in county jail for the first count. For the second count, he received a suspended one-year jail sentence, to run at the same time as the first count. Dorsey later tried to withdraw his pleas, but the trial court did not allow it. In his appeal, Dorsey argued two main points. First, he claimed his plea for the first charge was not valid because the court did not show enough facts to justify the plea. Second, he said the sentence for the second count was too long and needed to be changed. The court looked carefully at the entire case record before making a decision. They found that for the first point, Dorsey did not mention the lack of facts during his earlier motions, which means it was not properly brought up in his appeal. The court determined that, under their rules, they could only check for serious mistakes, not just any errors. They confirmed that Dorsey's pleas were made knowingly and that the court had the right to accept them. Dorsey had admitted to the crime of strangulation during his hearing, and the state had evidence to support the charge of threatening violence. For the second point, the court agreed with Dorsey that his sentence for the second count was too long. They noted that the maximum sentence for that misdemeanor should be six months. Therefore, they adjusted the sentence down to six months, but still suspended it. Overall, the court accepted Dorsey’s pleas and affirmed his conviction for the first count. However, they changed his sentence for the second count to fit within legal limits. One judge disagreed with how the court reviewed the first point but agreed with the rest of the decision.

C-2005-493

Post author:Staff
Post published:March 30, 2006
Post category:C

In OCCA case No. C-2005-493, Billy D. Stout appealed his conviction for violating the Sex Offenders Registration Act. In an unpublished decision, the court decided to grant Stout the right to withdraw his guilty plea. One judge dissented. Stout had pleaded guilty to not registering as a sex offender. He was sentenced to five years in prison and fined $5000. However, Stout later argued that he did not fully understand what he was pleading guilty to, especially because he could not read or write. After leaving jail, he was not properly informed that he needed to register whenever he moved to a new place. Stout said that when he was released from jail, he received paperwork that he could not read, and no one explained to him that he had to register. Although Stout eventually registered once he understood the requirement, he faced charges for not having registered earlier. The court found that Stout's plea was not made willingly and that there was no clear reason to support the plea in the first place. Stout's lawyer did not present any strong arguments during the plea withdrawal hearing, and it seemed they did not understand the law themselves. The court noted that the lack of help Stout received from his lawyer contributed to his confusion and affected his ability to make a fully informed decision about his plea. Overall, the judges concluded that Stout's case should be revisited, and he should be allowed to withdraw his guilty plea and possibly go to trial. The law encourages trying cases in court rather than accepting a guilty plea without a fair understanding.