Writ of Certiorari

C-2021-163

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In OCCA case No. C-2021-163, April Dawn Summers appealed her conviction for child abuse, child neglect, and enabling child abuse. In an unpublished decision, the court denied her appeal. One judge dissented. Summers was charged in Grady County with several serious offenses related to child abuse. She decided to plead guilty to these charges in December 2019. The judge accepted her plea but decided to wait to give her a sentence until a presentence investigation report was completed. In January 2021, after looking at evidence and hearing from lawyers, the judge sentenced Summers to fifty years in prison for each charge. However, she only had to serve twenty-five years, as the rest of her sentence was suspended. After sentencing, Summers wanted to change her guilty plea and claimed that she didn’t fully understand what she was doing when she pleaded guilty. She argued that her plea was not made knowingly or willingly, and she did not grasp the full consequences. She also said that she should not have to pay for the costs of her incarceration because of her mental health issues. The court reviewed her case and found that her plea was made voluntarily. They determined that she understood the charges and the risks of her guilty plea. Therefore, the court did not believe there was a reason to let her take back her plea. Regarding the costs of her incarceration, the court noted that Summers didn’t raise this issue when she tried to withdraw her plea. However, they acknowledged that her mental health might exempt her from such costs. Thus, they decided to investigate whether she is indeed considered mentally ill under the law, which could mean that she wouldn't have to pay. In summary, the court decided to keep her guilty plea in place, but they also said that it needs to be checked whether she qualifies as mentally ill to decide if she should be charged for her time in prison. The case was sent back to the lower court for further decisions on her mental health status.

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C-2021-218

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In OCCA case No. C-2021-218, the petitioner appealed her conviction for outraging public decency and violation of a protective order. In an unpublished decision, the court decided to grant the appeal. The court agreed that her due process rights were violated when the district court denied her motions to withdraw her pleas while she was absent from the hearing. No one dissented.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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C-2018-1167

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Ronald Fitzgerald Williams. Williams entered a negotiated guilty plea to multiple counts related to drug offenses and other violations. After sentencing, he filed a motion to withdraw his guilty plea, which the trial court denied. The Court of Criminal Appeals granted a writ of certiorari (a type of court order) and remanded the case for a new hearing on Williams' motion to withdraw his plea. The court found significant errors: 1. Williams was allegedly misadvised about his appellate rights, affecting the voluntariness of his plea. 2. The evidentiary hearing on the motion to withdraw the plea was held in his absence without a valid waiver of his right to be present. 3. Williams asserted he was denied effective assistance of counsel. The court emphasized that due process requires a defendant's attendance at a hearing concerning the withdrawal of a plea unless there’s evidence of a waiver, which was not present in this case. The court reversed the trial court’s denial of the motion to withdraw the plea and ordered a new hearing to ensure due process is upheld. The document concludes with information about the attorneys involved in the case and instructions for further proceedings. For additional details or specific legal arguments, you can download the full opinion using the link provided.

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C-2019-25

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Filed December 12, 2019** **Conner E. Dover, Petitioner, Case No. C-2019-25** **v.** **The State of Oklahoma, Respondent.** **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: Conner E. Dover, Petitioner, pled guilty to Count 1, unauthorized use of a motor vehicle, in violation of 47 O.S.2011, § 4-402; and Count 2, aggravated attempting to elude a police officer, in violation of 21 O.S.2011, § 540(A)(B), in the District Court of Oklahoma County, Case No. CF-2018-610. The Honorable Ray C. Elliott, District Judge, accepted the plea and delayed sentencing pending Petitioner's completion of a Regimented Inmate Discipline program. Judge Elliott later sentenced Petitioner to five (5) years imprisonment for each count, to be served consecutively. Petitioner filed an application to withdraw the plea, which was denied. He now seeks a writ of certiorari, asserting the following proposition of error: The trial court abused its discretion by not allowing him to withdraw his guilty plea when the court did not intend to sentence him in accordance with the plea agreement. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction (Weeks v. State, 2015 OK CR 16, ¶ 11, 362 P.3d 650, 654); whether the sentence is excessive (Whitaker v. State, 2015 OK CR 1, ¶ 9, 341 P.3d 87, 90); whether counsel was constitutionally effective (Lozoya v. State, 1996 OK CR 55, ¶ 27, 932 P.2d 22, 31); and whether the State has the authority to prosecute the defendant at all (Weeks, 2015 OK CR 16, ¶ 12, 362 P.3d at 654). A valid plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant (North Carolina v. Alford, 400 U.S. 25, 31, 91 S. Ct. 160, 164, 27 L.Ed.2d 162 (1970)). We review the denial of a motion to withdraw a plea for an abuse of discretion (Carpenter v. State, 1996 OK CR 56, ¶ 40, 929 P.2d 988, 998), unless it involves a question of statutory or constitutional interpretation, which we review de novo (Weeks, 2015 OK CR 16, ¶ 16, 362 P.3d at 654). We find that Petitioner's plea was knowingly and voluntarily entered. Petitioner’s dissatisfaction with the sentences he received does not provide sufficient grounds for withdrawal of a plea (Lozoya, 1996 OK CR 55, ¶ 44, 932 P.2d at 34; Estell v. State, 1988 OK CR 287, ¶ 7, 766 P.2d 1380, 1383). The trial court did not abuse its discretion by denying Petitioner's motion to withdraw the plea. No relief is warranted. **DECISION** The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **APPEARANCES AT TRIAL** ROBIN BRUNO ANDREA DIGILIO MILLER DANNY WHITE 320 ROBERT S. KERR # 611 OKLAHOMA CITY, OK 73102 ATTORNEY FOR APPELLANT (PLEA & SENTENCING) **APPEARANCES ON APPEAL** THOMAS P. HURLEY 320 ROBERT S. KERR # 611 OKLAHOMA CITY, OK 73102 (WITHDRAWAL) ATTORNEYS FOR DEFENDANT DAN POND ASST. DISTRICT ATTORNEY 320 ROBERT S. KERR # 505 OKLAHOMA CITY, OK 73102 ATTORNEY FOR THE STATE **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.:** Concur in Results **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur For more details, [click here to download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2019-25_1733763771.pdf).

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C-2019-132

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In OCCA case No. C 2019 132, Brown appealed his conviction for Domestic Assault and Battery with a Dangerous Weapon. In a published decision, the court denied his petition for certiorari, stating his plea was voluntary and intelligent. One judge dissented. [occa_caption]

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C-2019-227

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CYNTHIA ROWSHELL GAY,** Petitioner, **V.** **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2019-227** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **OCT 31 2019** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** **SUMMARY OPINION DENYING CERTIORARI** Petitioner Cynthia Rowshell Gay, represented by counsel, entered guilty pleas as part of a plea agreement with the State to the charges of Count 1, Driving While Under the Influence, a violation of 47 O.S.2011, § 11-902, and Count 2, Driving While Under Suspension, a violation of 47 O.S.2011, § 6-303(B), in the District Court of Oklahoma County, Case No. CF-2019-369. The Honorable Kathryn R. Savage, Special Judge, accepted the pleas on February 19, 2019. The plea agreement included a five-year sentence on Count 1, with all but the first thirty days suspended, and a one-year suspended sentence on Count 2, with the sentences running concurrently. On March 1, 2019, Petitioner filed an Application to Withdraw Guilty Plea, and a hearing was held on March 21, 2019, which resulted in the denial of her application. Petitioner claims the following error: Ms. Gay did not knowingly and voluntarily enter her plea of guilty, and thus the District Court erred when it denied her Application to Withdraw her Guilty plea. Upon thorough review of the record, including original documents, transcripts, and briefs, we find no need for reversal or modification. Our evaluation of a guilty plea focuses on its voluntary and intelligent nature (Boykin v. Alabama, 395 U.S. 238, 242-43, 1969; Ocampo v. State, 1989 OK CR 38, ¶ 3). We review the denial of a petitioner's motion to withdraw a plea for an abuse of discretion (Lewis v. State, 2009 OK CR 30, ¶ 5). Petitioner acknowledged signing the Plea of Guilty Summary of Facts form, which reflected her voluntary decision to plead guilty and accept a suspended sentence. With prior felony convictions, she was familiar with the process. Her motivations for signing the plea agreement, including a desire to expedite her release from jail, do not render the plea involuntary (United States v. Webb, 433 F.2d 400, 404 (1st Cir. 1970)). Petitioner’s change of heart after consulting relatives does not provide grounds for withdrawal, nor does disappointment with her sentence (Miles v. U.S., 385 F.2d 541, 544 (10th Cir. 1967); Lozoya v. State, 1996 OK CR 55, ¶ 44). The trial court found her plea was entered knowingly and voluntarily, and its findings during the hearing on the application to withdraw were credible. The record shows that Petitioner was fully informed of and understood the consequences of her plea. Her later claim regarding misunderstanding the conditions of her suspended sentence was deemed incredible by the trial court. We find no abuse of discretion in the denial of the motion to withdraw the guilty plea. Therefore, the proposition is denied. **DECISION:** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. **Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED to be issued upon the delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE KATHRYN R. SAVAGE, SPECIAL JUDGE** **APPEARANCES IN DISTRICT COURT:** NICOLE BURNS, ASST. PUBLIC DEFENDER HALLIE E. BOVOS, ASST. PUBLIC DEFENDER 320 ROBERT S. KERR, #400 OKLAHOMA CITY, OK 73102 COUNSEL FOR THE DEFENSE **APPEARANCES ON APPEAL:** RICKY LUTZ, ASST. DISTRICT ATTORNEY 320 ROBERT S. KERR, #505 OKLAHOMA CITY, OK 73102 COUNSEL FOR THE STATE **NO RESPONSE NECESSARY** **OPINION BY:** LUMPKIN, J. **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2019-227_1734232520.pdf)

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C-2018-1050

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This document appears to be a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding James Michael Simmons, who sought a writ of certiorari after pleading nolo contendere to a misdemeanor charge of making threats by electronic device. ### Key Points of the Summary Opinion: 1. **Case Information**: - **Petitioner**: James Michael Simmons. - **Respondent**: The State of Oklahoma. - **Case Number**: C-2018-1050. - **Trial Court**: Mayes County, Case No. CF-2017-350. 2. **Background**: - Simmons pled nolo contendere (no contest) to the charge and was granted deferred judgment for one year under probation conditions. - He later filed a motion to withdraw the plea, which the trial court denied. 3. **Propositions of Error**: - **Proposition 1**: Failure to use the uniform guilty plea form. - The court found no prejudice from the omission of the uniform form since the record was adequate for review. - **Proposition 2**: Claim of not understanding the plea’s consequences. - The court determined that the trial court provided sufficient advice regarding the plea's nature and consequences. - **Proposition 3**: Insufficient factual basis for the plea. - The court concluded there was a sufficient factual basis for the plea, affirming that the plea was entered correctly. - **Proposition 4**: Denial of effective assistance of counsel for both the plea and withdrawal process. - The court found no deficient performance by counsel or resulting prejudice. 4. **Decision**: - The petition for a writ of certiorari was denied, and the judgment and sentence were affirmed. 5. **Appearance**: - Various attorneys represented Simmons throughout the trial and appeal processes. ### Conclusion: The Court of Criminal Appeals ultimately affirmed the lower court's decision, finding no basis for reversing the judgment based on the claims presented by Simmons. The opinion indicates that procedural and substantive requirements were satisfactorily met during the plea process.

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C-2018-1119

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON MARCUS SHORES,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-1119** **SUMMARY OPINION DENYING CERTIORARI** **ROWLAND, JUDGE:** Petitioner Aaron Marcus Shores entered a negotiated plea of no contest in the District Court of LeFlore County to resolve his felony and misdemeanor charges in three cases. The charges included: 1. **Case No. CF-2018-239:** Failure to Notify Address Change of Sex Offender (felony). 2. **Case No. CM-2018-371:** Unlawful Possession of a Controlled Dangerous Substance (misdemeanor). 3. **Case No. CM-2018-373:** Malicious Injury to Property Under $1,000.00 (misdemeanor). Pursuant to the plea agreement, one count of Obstructing an Officer and one count of Unlawful Possession of Drug Paraphernalia were dismissed by the State. Judge Marion Fry subsequently sentenced Shores to four years of imprisonment on the felony count and one year in the county jail for each misdemeanor count, with all sentences running concurrently. He was also ordered one year of post-imprisonment supervision and awarded credit for time served. Shores filed a pro se motion to withdraw his plea, which was denied after a hearing. He appeals this denial, claiming: 1. The district court erred in denying his motion to withdraw his plea as he did not receive the benefits of his plea bargain. 2. He received ineffective assistance of counsel. **1. Denial of Motion to Withdraw Plea** Shores argues he did not receive the promised benefits of his plea bargain. The court evaluated this claim against the standard set forth in *Couch v. State*, noting that promises made in plea agreements must be fulfilled. While Shores did not specifically raise his current argument in his initial motion to withdraw, it was discussed during the evidentiary hearing. The appellate court reviews the denial for abuse of discretion and affirmatively holds that Shores received the benefits of his plea agreement. The district court's order confirmed that Shores's Oklahoma sentences would run concurrently with his sentences from Arkansas, fulfilling the terms agreed upon during the plea process. **2. Ineffective Assistance of Counsel** Shores claims ineffective assistance from conflict counsel, who allegedly failed to preserve his claim regarding the benefits of the plea agreement. To prevail on such a claim, Shores must demonstrate that he was prejudiced by counsel's performance. The court found that conflict counsel adequately raised Shores's concerns at the withdrawal hearing, effectively preserving the issue for appeal. Therefore, Shores could not establish that his counsel's performance resulted in any prejudice. **CONCLUSION** The Petition for a Writ of Certiorari is DENIED. The district court’s denial of Petitioner’s motion to withdraw plea is AFFIRMED. **MANDATE ordered to be issued upon the delivery and filing of this decision.** **Appearances:** - Doug Schmuck, Appellate Defense Counsel, for Petitioner. - Matt McBee, Counsel for Withdraw Motion. - Kevin Merritt and Margaret Nicholson, Assistant District Attorneys for the State. --- This summary is designed for clarity and understanding without retaining excessive legal jargon, while accurately reflecting the decisions and arguments presented in the original case summary.

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C-2018-679

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It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!

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C-2018-1024

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It appears that you have provided a court document from the Oklahoma Court of Criminal Appeals relating to the case of Larado James Smith, who entered a guilty plea to multiple counts of rape and sodomy. The document outlines the background of the case, the procedural history, and the court's decision to deny Smith's petition for a writ of certiorari. To summarize the key points: 1. **Background of the Case**: Larado James Smith entered a negotiated guilty plea to six counts of Second Degree Rape and three counts of Forcible Sodomy, resulting in a 15-year prison sentence. 2. **Motion to Withdraw Plea**: Smith later filed a motion to withdraw his guilty plea, claiming he had valid reasons for doing so, including alleged pressure from his counsel and stress from his incarceration. 3. **Court's Findings**: The trial court conducted a hearing on this motion and ultimately denied it, finding that Smith had entered his plea knowingly and voluntarily. This decision was based on the court's assessment of the circumstances and Smith's understanding of the plea. 4. **Appeal**: Smith appealed the denial of his motion to withdraw the plea. The appellate court reviewed the record and determined that the trial court did not abuse its discretion in denying the motion. It was concluded that Smith’s plea was made voluntarily, after a thorough understanding of the implications. 5. **Final Decision**: The Court of Criminal Appeals denied Smith's petition for certiorari, affirming the lower court's judgment and sentence. If you have specific questions about the case or need information on a particular aspect of the document, please let me know!

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C-2018-648

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In OCCA case No. C-2018-648, Denisa Dawn Duvall appealed her conviction for domestic assault and battery in the presence of a minor. In a published decision, the court decided to grant her request for a new hearing to withdraw her plea. One judge dissented. Duvall was charged with a misdemeanor and decided to enter a plea of no contest. The court accepted her plea and gave her a deferred sentence, which included supervision and counseling. Later, Duvall filed a request to withdraw her plea, saying she wanted an attorney to help her. However, when the court held a hearing, it was unclear if she was offered a lawyer or if she had decided to represent herself. Duvall claimed that she didn’t understand the charges or the meaning of her plea when she first entered it. The court didn’t allow her a lawyer during the hearing to withdraw her plea, which is against her rights under the Constitution. The court recognized that Duvall should have had legal help during that critical moment. The State agreed that Duvall didn’t receive a fair process because she was not represented by counsel. The court decided that they needed to redo the hearing where Duvall could have a lawyer present, and she should be allowed to explain why she wants to withdraw her plea. The court ordered that Duvall be given a new chance to file a motion for withdrawing her plea with her new lawyer and scheduled an evidentiary hearing on that motion. If her request to withdraw her plea is denied again, her lawyer must help her with an appeal. The decision from the court resulted in Duvall getting a new hearing, where she can properly address her plea's withdrawal with the support of an attorney.

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C-2018-441

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In OCCA case No. C-2018-441, Clinton Lee Myers appealed his conviction for trafficking in illegal drugs and possession of a controlled substance with intent to distribute near a school. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Clinton Lee Myers entered a plea of guilty to two serious charges. He was sentenced to a long time in prison and had to pay a large fine. After he was sentenced, he wanted to withdraw his guilty plea, but the court said no after listening to evidence in a hearing. Myers complained that his punishment was too harsh and that the prosecutor shouldn't have talked about his past crimes during the sentencing. He felt this information was unfair and should not have been used against him. However, the court explained that this type of information can be considered at sentencing. They also decided that his sentence was within legal limits and did not shock their conscience, so they would not change it. Additionally, Myers believed that there was a mistake in the written records of his sentence regarding the amount of the fine. The court found that there was, in fact, a clerical error in the documents about the fine amount. They agreed that the error should be corrected to match what the judge said during the sentencing. In conclusion, the court denied Myers' request to change his sentence, but they agreed to correct the written record to reflect the right fine amount.

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C-2017-1044

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The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

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C-2016-877

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In OCCA case No. C-2016-877, Charles David Miller appealed his conviction for multiple charges including stalking and possession of a firearm during a felony. In an unpublished decision, the court decided to grant Miller’s petition in part. The court affirmed the judgments and sentences for some counts but reversed the sentence for Count 1 and dismissed Count 4 due to double punishment concerns. One judge dissented. The case began when Miller, facing serious charges, entered a guilty plea in December 2014, agreeing to certain terms. He was originally given deferred sentences, meaning he would not serve time in prison if he followed the terms of his probation. However, after a hearing in 2015, the court ruled to impose a harsher sentence because Miller did not comply with the terms, leading to his appeal. Throughout the appeal, Miller argued that his guilty plea should be withdrawn for several reasons. He claimed there was no factual reason for his plea, that he was not made aware of his rights, and expressed concerns about double punishment as well as the effectiveness of his lawyer. The court reviewed the details and concluded that Miller had not shown enough grounds for his claims because some issues were not raised earlier in court, making them not eligible for review. The court particularly focused on whether Miller's plea was voluntary and if he was properly informed. They found that while Miller's plea might have been motivated by a desire to get his car back, he did understand the consequences of his actions. The court upheld the judgment for some counts, but it noted that the sentence for Count 1 was illegal because it exceeded the maximum allowed by law. As a result, they ordered a new sentencing for that count and dismissed Count 4 entirely because of double punishment. In summary, the main points were that Miller wanted to reverse his guilty plea but the court found many of his arguments unsubstantiated. They decided to change his sentence on one charge while dismissing another, affirming the result on several others.

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C-2017-104

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In OCCA case No. C-2017-104, McLaughlin appealed his conviction for burglary and unlawful use of a police scanner. In an unpublished decision, the court decided to affirm the sentences for burglary and unlawful use of a police scanner but reversed the sentence for possession of burglary tools. One judge dissented. McLaughlin had pleaded no contest to charges of burglary in the second degree and unlawful use of a police scanner in a district court. At sentencing, he received life imprisonment for each of those counts, along with a fine for the second count. However, there was an additional charge for possession of burglary tools that had been dismissed earlier, but the court sentenced him for that count as well. McLaughlin wanted to withdraw his no contest plea later, but his request was denied. He filed for an appeal to challenge that denial, which was allowed to proceed. He raised three main arguments: one regarding the court's authority to sentence him for the dismissed charge, another about failing to bring him to trial on time, and the last about the severity of his life sentences being excessive. The court found that it was wrong for the district court to impose a sentence on the dismissed possession charge, and so it directed that judgment to be vacated. However, it ruled that McLaughlin had missed his chance to challenge the timing of his trial. The court also determined that his life sentences were not shockingly excessive, thus they would not be disturbed. In summary, McLaughlin's appeal was granted in part and denied in part: the decision on the burglary and police scanner charges stood, but the judgment on the possession of burglary tools was reversed, and the case was sent back to the lower court for corrections.

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C-2015-856

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In OCCA case No. C-2015-856, Misty Dawn Smith appealed her conviction for Possession of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to deny Smith's petition for a writ of certiorari but modified her post-imprisonment supervision from two years to one year. One judge dissented. Smith was charged with having methamphetamine and entered a guilty plea in December 2012. She was supposed to complete a drug court program which could lead to a lighter sentence. If she did well, her sentence would be a five-year suspended sentence and a fine. If she didn't, she could face ten years in prison and a larger fine. She was taken to a treatment facility and started the drug court program in May 2013. However, in July 2015, the state asked to remove her from this program because she was not following the rules. A judge agreed, and Smith was sentenced to ten years in prison and a fine. Smith wanted to withdraw her guilty plea, arguing that she didn’t understand everything about her plea and the consequences of the drug court program. She also argued that her sentence was too harsh. The court looked at these claims but determined that there was no reason to allow her to change her plea. Her initial plea was considered to be made knowingly and voluntarily. The court found that Smith knew about the difficult nature of the drug court program and that she had many chances to follow the rules. They also stated that she didn’t raise her claim about the excessive sentence in the correct way, and therefore, it could not be considered. The court agreed that the two years of post-imprisonment supervision given to her was incorrect and lowered it to one year, which is what the law allows. The decision was made after reviewing all details and records of the case.

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C-2016-140

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In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

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C-2016-38

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In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

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C-2015-1063

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In OCCA case No. C-2015-1063, Pete Wolfe appealed his conviction for multiple crimes, including attempted robbery and assault with a dangerous weapon. In an unpublished decision, the court decided to grant his request for a writ of certiorari and remand the case for further proceedings. One judge dissented. Pete Wolfe entered guilty pleas without fully understanding what that meant. He later said that his lawyer's advice was not good and wanted to take back his guilty pleas. The court looked at whether he had a fair chance to do this and said that he did not have a lawyer who could represent him properly during the hearing. The court agreed that his lawyer might not have given him the best advice, which was important. So, they decided to let him have a new lawyer who could help him better and to have a new hearing on his request to withdraw the guilty pleas. This was to make sure his rights were protected in the legal process.

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C-2015-942

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In OCCA case No. C-2015-942, Prince Edward Myers appealed his conviction for multiple charges, including Running a Roadblock and Eluding a Police Officer. In an unpublished decision, the court decided to affirm several parts of the case. However, they found errors concerning sentences that exceeded what was allowed by law. Myers received a mix of sentences, including prison time and fines, and the court ruled that some of his jail sentences were not valid because the offenses only allowed for fines. One judge disagreed with some aspects of the decision.

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C 2015-980

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In OCCA case No. C 2015-980, Gary Thomas Schofield appealed his conviction for Driving Under the Influence, Driving Under Suspension, and Failure to Use Child Restraint. In an unpublished decision, the court decided to affirm the denial of his motion to withdraw his nolo contendere pleas but modified his fine for the Failure to Use Child Restraint charge from $50.00 to $10.00. One judge dissented.

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C 2015-473

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In OCCA case No. C 2015-473, Johnny Allen Ross appealed his conviction for Possession of Controlled Dangerous Substance (Methamphetamine) and Possession of a Controlled and Dangerous Substance (Marijuana). In an unpublished decision, the court decided to grant the appeal because Ross was denied effective assistance of counsel during the hearing on his motion to withdraw his guilty plea. One judge dissented.

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C-2015-514

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In OCCA case No. C-2015-514, Hanks appealed his conviction for Domestic Abuse and Malicious Injury to Property. In an unpublished decision, the court decided to deny his appeal but remanded the case to determine if Hanks was mentally ill, which would affect the costs he was assessed. One judge dissented. Hanks had pleaded guilty to two counts of Domestic Abuse and one count of Malicious Injury to Property in a state court. The judge sentenced him to three months in jail for one charge and one year suspended for the other two. He was also required to pay fines and fees. After entering his plea, Hanks tried to withdraw it, claiming he did not understand what he was doing and that he had poor legal help. The court looked at whether Hanks had made his plea knowingly and voluntarily. They found that he understood what he was doing and that his mental issues did not prevent him from understanding his plea. The court also considered Hanks' claim that his lawyer did not help him properly during the process and found no evidence to support this. One important point in the decision focused on the costs Hanks had to pay related to his time in jail. The court noted that because he had a mental illness diagnosis, he might not have to pay these costs according to state law, which says that mentally ill people should be exempt from such fees. Because of this, the court sent the case back for further evaluation of Hanks' mental health status to see if he qualified for the exemption. Overall, the court upheld the original decision while allowing for further examination of Hanks' mental health to understand his financial obligations better.

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C 2014-693

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In OCCA case No. C 2014-693, a person appealed his conviction for child neglect. In an unpublished decision, the court decided to allow him to withdraw his no contest plea due to receiving bad advice from his attorney, which made his plea not knowing and voluntary. One judge dissented.

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