C-2009-17
In OCCA case No. C-2009-17, Olindia Toann Vaughn appealed her conviction for Attempted Robbery With a Weapon. In an unpublished decision, the court decided to grant her request to withdraw her guilty plea. One judge dissented. Olindia Toann Vaughn pleaded guilty to attempting to rob someone with a weapon in the District Court of Tulsa County. She had an agreement with the court and was given a 15-year prison sentence that would run at the same time as another sentence she had. Later, Vaughn wanted to take back her guilty plea and asked the court to let her do it, but her request was denied after a hearing. Vaughn then filed a petition for a Writ of Certiorari, which is a request for the court to review her case. She also asked to add more information to her appeal and wanted a hearing to talk about her claims regarding the assistance of her lawyer when she tried to withdraw her plea. The court agreed to look at her additional information and set a hearing to explore specific questions about whether her lawyer gave her inadequate help. During the hearing, it was established that the lawyers who helped Vaughn when she wanted to withdraw her plea did not do a good job. They did not visit her beforehand to discuss her claims, did not investigate her confusion and mental health issues, and did not question her about how her health could affect her plea. As a result of these findings, the trial court decided that Vaughn had not received the proper assistance she needed from her lawyer during the plea withdrawal hearing. After reviewing the information, the court granted Vaughn's petition and allowed her to withdraw her guilty plea. They sent the case back to the District Court of Tulsa County for her to formally withdraw her plea and for further proceedings. The court recognized that it is important for everyone to have help from a competent lawyer, especially when they want to change their plea.