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Guilty Plea Decisions
Alpha Index Main Page
Alphabetical by Case Name
A,B,C - D,E,F - G,H,I,J - K,L -
M,N,O - P,Q,R - S,T,U
- V,W - X,Y,Z
- A,B,C -
Ammons, Will, IV v. State, COCA Case No. C-1999-556,
(Oct.19, 1999)
(Guilty Plea, Right to counsel, conflict of interest)
Anson, Hollis Michael v. State, COCA Case No.
C-2011-1119
(September 5, 2012)
(Guilty Pleas; Ineffective Assistance of Counsel) Counsel’s conflict of
interest prevented defendant from receiving effective assistance of counsel at
the Hearing on the Motion to Withdraw Plea. Certiorari granted.
Barnett, Jeffrey Ellis v. State,
COCA Case No.
C-2002-1543 (October 9, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for
new hearing with different counsel on motion to withdraw plea because of
conflict of interest of attorney at the original plea withdrawal hearing.
Baucom, Larnell v. State, COCA Case No. C-1999-766,
(June 12, 2001)
(Guilty Plea, Ineffective Assistance of Counsel)
Beauchamp, Darell Ray v. State, COCA Case No.
C-2011-469
(February 13, 2013)
(Guilty Plea Decisions; Sentence, Excessive; Ineffective Assistance of
Counsel) Certiorari granted where defendant was misadvised regarding sentence by
defense counsel.
Berntson, Chad Justin v. State, COCA Case No.
C-2005-211 (May 9, 2006)
(Information, Defective) Sentence modified because applicable statute carried
lower penalty than the statute charged.
Betts IV, Robert v. State, COCA Case No. C-2000-1344 (April 26, 2001)
(Guilty Plea, Factual Basis Inadequate)
Bickham, Derrick Ewayne v. State, COCA Case No.
C-2010-337 (December 8,
2010)
(Guilty Plea Decisions; Fines, Fees and Costs) Certiorari denied, but
remanded determination of whether Appellant was a mentally ill person as defined
by 43A O.S. § 1-103. If determined mentally ill, Appellant would be exempt from
imposition of jail incarceration costs.
Boehn, Thomas v. State, COCA Case No. C-1999-595,
(Dec. 2, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment)
Bowie, Andrew Deon v. State, COCA Case No.
C-2006-1110
(June 19, 2007)
(Guilty Plea Decisions) Certiorari granted and remanded for appointment of
new counsel because trial court failed to appoint conflict-free counsel for
motion to withdraw plea hearing.
Brown, Billy Jack Jr. v. State, COCA Case No.
C-2004-529 (June 8, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw.
Burns, Emily v. State, COCA Case No.
C-2005-311
(June 29, 2006) (Sentence, Excessive) Twenty-five year sentence for
armed robbery, without consideration of significant mitigating factors, shocked
the conscience of the court. Sentence modified to ten years.
Campbell, Crystal Dawn v. State, COCA Case No. C-2002-1525
(September 3, 2003)
(Sentence - Excessive) Conviction for enabling child abuse affirmed but
sentence modified from 25 years to 10 years, "in the interest of
justice."
Carter, Marcus D. v. State, COCA Case No.
C-2007-821 (December 7, 2007)
(Guilty Plea Decisions) Attorney who advised plea also appeared at Motion to
Withdraw Plea hearing despite claim of ineffective assistance of counsel.
Remanded for hearing with conflict-free counsel.
Caswell, Janice D. v. State, COCA Case No.
C-2010-1139 (September 23, 2011)
(Guilty Plea Decisions) Trial court failed to conduct hearing on the
application to withdraw plea. Remanded for evidentiary hearing.
Christon, Marcus Jermaine v. State, COCA Case No.
C-2010-695 (May 12, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Failure to
appoint new counsel to litigate motion to withdraw plea when client alleged
counsel "tricked" him into entering the plea, required new hearing on the motion
to withdraw plea.
Churchill, Roddy Maurice v. State, COCA Case No.
C-2008-69 (August 18, 2009)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of
interest prevented plea counsel (who also represented client at withdrawal
hearing) from fully representing client at motion to withdraw plea hearing,
because plea counsel defended his own interests, not those of client. Remanded
for new hearing.
Clark, John Douglas v. State, COCA Case No. C-02-1188,
C-02-1190 & C-02-1191
(July 2, 2003)
(Guilty Plea Decisions; Evidence, Sufficiency) Insufficient evidence to
support plea on Maintaining a Vehicle Used for Keeping or Selling CDS. Reversed
with instructions to dismiss.
Combs, Franklin Savoy v. State, COCA Case No.
C-2008-448 (December 22, 2008)
(Guilty Plea Decisions; Evidence, Sufficiency) Factual basis not
sufficiently established in Alford plea. Certiorari granted.
Copeland, Steven Caleb v. State, COCA Case No. C-2002-1136
(July 22, 2003)
(Guilty Plea Decisions; Restitution) Record does not contain sufficient
information as to how restitution amount was determined. Remanded for a
Restitution hearing.
Coulter, Ronnie Lamar v. State, COCA Case No.
C-2003-399 (March 11, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw his plea since
the crime alleged does not exist. Charged with Assault with a Deadly Weapon,
omitting the necessary element of battery.
Cox, Michial Allen v. State, COCA Case No.
C-2004-563 (January 13, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner was denied
effective assistance of counsel due to an attorney-created conflict of interest
at the hearing to withdraw plea. Certiorari granted and cause remanded for a
proper hearing on the Application to Withdraw Guilty Pleas.
*Crews, Lori Pamela v. State, COCA Case No.
PR-2006-120 (April 18, 2006)
(Guilty Pleas; Abuse of Discretion) Defendant’s Writ of Prohibition/Mandamus
Granted in Part and Denied in Part. While district court had statutory authority
to reject the nolo contendere plea on one count, it had no authority to
prevent defendant from entering blind plea of guilty to other count. Defendants
have a clear and unilateral right to enter a blind or a negotiated plea of
guilty.
* From past and not an opinion but perceived to be very helpful.
Cullins, Rodney Gene v. State, COCA Case No.
C-2010-1113 (September 8, 2011)
(Fines, Fees and Costs; Guilty Plea Decisions) $50,000 fine was not
authorized by statute; modified to $10,000.
- D,E,F -
Daniels, Alan v. State, COCA Case No.
C-2008-593 (March 2, 2009) (Guilty
Plea Decisions; Sentence, Excessive) Acceleration from five-year deferred to
life imprisonment for underlying offense of a single inch-and-a-half marijuana
plant shocked the conscience of the court. Modified to five years.
Dansby, Roscoe v. State, COCA Case No.
C-2005-628 (March 15, 2006) (Ineffective Assistance of Counsel; Guilty Plea Decisions) Defendant
deprived of effective assistance of counsel at hearing on motion to withdraw
plea hearing due to counsel’s conflict of interest. Remanded for a new hearing
with instructions to appoint conflict-free counsel.
Damon, Eric Anthony v. State, COCA Case No.
C-2010-210
(November 23, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Plea counsel had
conflict of interest in litigating the motion to withdraw plea. Certiorari
granted. Remanded for new hearing on motion to withdraw plea.
Dennis, Lamarr Raymond v. State, COCA Case No.
C-2001-665
(March 20, 2002)
(Guilty Plea; Petitioner was misled and that erroneous information was
factor in decision to plead guilty.)
Dial, William v. State,
COCA No. C-99-1678,
(
July 25, 2000)
(Guilty Plea, Right to Counsel, conflict of interest)
Dorsey, Jr., James Duane v. State, COCA Case No.
C-2011-651 (February 8, 2012)
(Sentence, Excessive) Trial court imposed sentence greater than that
authorized by statute. Sentence modified.
Duenas-Flores, Victor Alfonso v. State, COCA Case No.
C-2005-1
(June 28, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Guilty plea
vacated because of violation of Mexican national’s rights under the Vienna
Convention (to contact and seek help from Consulate).
Ealey, Val v. State, COCA Case No. C-1999-722,
(Jan. 24, 2000)
(Guilty Plea, Knowing and Voluntary, mistake of law by court & counsel)
Etchieson, Lee Ann v. State, COCA Case No. C-1998-1242,
(Aug. 5, 1999)
(Guilty Plea, Knowing and Voluntary, error in punishment range)
Farris, Nikisha v. State, COCA Case No. C-2000-750,
(Feb. 5, 2001)
(Guilty Plea, Excessive Sentence)
Feaster, Clifford v. State, COCA Case No.
C-2003-356 (October 14, 2003)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for proper
hearing on the Application to Withdraw Plea due to an attorney-created conflict
of interest.
Feaster, Clifford v. State, COCA Case No.
C-2003-1342 (May 28, 2004)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence modified to
correctly reflect judgment imposed.
Foote, Curtis Randall v. State, COCA Case No.
C-2003-845 (May 26, 2004)
(Guilty Plea Decisions; Double Jeopardy/ Double Punishment) Misdemeanor
conviction for threatening an act of violence was part of evidence supporting
felony conviction for witness intimidation. Misdemeanor count dismissed.
Fourkiller, Chad D. v. State, COCA Case No.
C-2006-1192 (May 8, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Actual
conflict of interest created when counsel testified against his client that the
motion to withdraw hearing (where he also "represented" client).
Fox, Nemol Joe v. State, COCA Case No.
C-2003-31 (November 7, 2003)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered because
Petitioner was misadvised on the minimum sentence range when not informed of DUI
sentencing option of impatient treatment.
- G,H,I,J -
Gatewood, Roscoe Curtis Jr. v. State, COCA Case No.
C-2009-542
(September 24, 2010)
(Joinder of Parties; Guilty Plea Decisions) Gatewood and co-defendant were
represented by different attorneys in the same firm, and had a "joint defense
agreement," which provided one would not testify against the other. However, on
day of trial, co-defendant pled to a reduced charge in exchange for agreement to
testify for the State. Gatewood waived jury trial and later entered a blind
plea. "The joint representation by two members of the same firm, owing loyalty
to both clients, adversely affected Gatewood’s representation." Certiorari
granted.
Gillen, Sean Phillip v. State, COCA Case No.
C-2008-1155 (March 2, 2010)
(Guilty Plea Decisions) One count remanded to permit withdrawal of plea due
to lack of factual basis for the offense.
Glenn, Rodney Taylor v. State, COCA Case No.
C-2003-1334 (May 10, 2005)
(Guilty Plea Decisions; ) Certiorari granted for pleas to three counts of
Assault & Battery w/ Deadly Weapon. One count lacked a factual basis; client was
misadvised of punishment range on all three counts. Certiorari also granted for
plea to Possession of Firearm in Commission of Felony because client misadvised
of punishment range (charge not subject to enhancement under general enhancement
statute).
Goshay, Anthony v. State,
COCA No. C-1999-1284,
(
July 3, 2000)
(Guilty Plea, Motion to Withdraw Hearing, Right to Appear)
Goshay, Anthony v. State, COCA Case No. C-2000-35 (April 18, 2001)
(Guilty Plea, Plea Entered on Advice that it Could be Withdrawn)
Green, Terry Lamar v. State, COCA Case No.
C-2012-52
(September 21, 2012)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial court
denied counsel’s motion to withdraw prior to the plea withdrawal hearing.
Counsel interrupted to "correct" client about advice given prior to and during
plea. Remanded for a new hearing on the motion to withdraw plea with
conflict-free counsel.
Gurley, Terrell Dwayne v. State, COCA Case No.
C-2001-341
(March 27, 2002)
(Guilty Plea, Double Punishment; Convictions for both First Degree Burglary
and Robbery with a Firearm arising from the same criminal transaction violates
double punishment.)
Hall, Alexander Brandon v. State, COCA Case No.
C-2011-945
(September 6, 2012)
(Guilty Pleas; Double Jeopardy/Double Punishment) Assault with Dangerous
Weapon is not separate from the act of Robbery with a Weapon. Assault conviction
reversed with instructions to dismiss.
Hamill, Malissa Latoya v. State, COCA Case No.
C-2009-48 (August 31, 2009)
(Guilty Plea Decisions) Certiorari granted. Defendant proceeded pro se at
Motion to Withdraw Plea Hearing without a proper waiver, and the error was not
harmless based on the record (where there was no transcript, and plea form had
irregularities)
Hampton, Aaron Perry v. State, COCA Case No.
C-2007-554 (February 13, 2008)
(Sentence, Excessive) Remanded for all sentences ordered to be served
concurrently.
Harger, Shawn Leroy v. State, COCA Case No.
C-2010-1033
(July 21, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney
counseled plea and represented defendant at Motion to Withdraw Plea Hearing.
Remanded for new hearing.
Harris, Brian Daron v. State, COCA Case No.
C-2006-1079 (June 26, 2007)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Remanded for new
a new hearing on motion to withdraw plea. Petitioner’s attorney failed to appear
at previous hearing.
Hayes, Christopher Marcus v. State, COCA Case No.
C-2003-983 (September 9, 2004)
(Guilty Plea) Petitioner sought to withdraw plea after termination from drug
court. Factual basis provided on summary of facts did not constitute an
admission of guilt to the original or amended crime charged. Certiorari granted.
Henderson, William Eugene v. State, COCA Case No.
C-2008-938 (September 30, 2009)
(Double Jeopardy/Double Punishment; Guilty Plea) Kidnapping conviction
reversed and dismissed as violation of Section 11; it was part and parcel of the
robbery with firearm charge.
Hernandez-Montanez, Juan Carlos v. State, COCA Case No.
C-2010-287 (December
21, 2010)
(Sentence, Excessive; Guilty Plea Decisions) Sentence imposed exceeded the
maximum allowed. Sentence modified.
Hill, Michelle Emma v. State, COCA Case No.
C-2006-286 (December 8, 2006)
(Guilty Plea Decisions) Certiorari granted because court deviated from plea
agreement
Hilton, Kevin v. State, COCA Case No. C-1999-762, (Nov. 22, 1999)
(Guilty Plea, Attorney Conflict of Interest)
Hooks, Leon Lee v. State, COCA Case No.
C-2009-900 (June 9, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
evidentiary hearing on motion to withdraw plea with conflict-free counsel.
"Attorney was faced with the dilemma of either trying to prove his client’s case
that he was ineffective (in counseling the plea) or disputing his claim."
Inuwa, Aminu Zegariah Tijuani v. State, COCA Case No.
C-2007-968 (May 15, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on Application to Withdraw Plea, due to conflict of interest between
attorney and client at original hearing.
Jinks, Jeffrey L. v. State, COCA Case No.
C-2007-829 (March 13, 2008)
(Guilty Plea Decision; Sentence, Excessive) Client had no prior record but
had mental health issues. Sentence "shocked the conscience of the court."
Jones, Charles Bert Jr. v. State, COCA Case No.
C-2008-273 (April 10, 2009)
(Guilty Plea Decisions; Sentence, Excessive) Plea not knowing and voluntary
because it was based on client’s understanding that counsel had talked to the
trial judge and judge agreed to a more favorable sentence than what was imposed.
Mullins, Rayshun Carlie v. State, COCA Case No.
C-2006-1154
(May 28, 2008)
(Sentence, Excessive) Certiorari granted on 20 of 21 counts because
Petitioner was not told that he would have to serve 85% of sentences, even
though issue was not raised in motion to withdraw guilty plea.
-K, L -
Kinter, Silvon Dane v. State, COCA Case No.
C-2010-431 (April 22, 2011)
(Guilty Plea Decisions; Right to Counsel*) Refusal to appoint counsel
to defendant who had previously retained counsel but could not pay forced
defendant to choose trial with counsel that did not want to represent him (due
to lack or payment) or no counsel whatsoever. Certiorari granted.
Kolander, James v. State, COCA Case No. C-1998-871, (July 26, 1999)
(Guilty Plea, Jurisdiction lacking over juvenile defendant)
Laughlin, David Wayne v. State, COCA Case No.
C-2004-903 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw.
Libera, Stephen Mark v. State, COCA Case No.
C-2004-1017 (December 16, 2005)
(Guilty Plea Decisions) Plea was not knowingly and intelligently entered when
Petitioner believed plea agreement was that the recommendation of the PSI would
be followed regarding probation. Trial court abused discretion in denying the
motion to withdraw plea when the court did not follow the recommendation of the
PSI. Certiorari granted.
Littleton, Timi v. State, COCA Case No. C-1999-528, (Nov. 19, 1999)
(Guilty Plea, Sentence modified, exceeded statutory maximum)
Louie, Myron Emanuel v. State, COCA Case No.
C-2011-546
(January 17, 2012)
(Guilty Plea Decisions) Remanded for appointment of conflict-free counsel
for motion to withdraw plea hearing.
- M, N,O-
Marriott, James v. State, COCA Case No. C-1998-842, (June 11, 1999)
(Guilty Plea, Ineffective Assistance of Counsel)
Martin, Sherice S. v. State, COCA Case No.
C-2004-850 (November 30, 2005)
(Guilty Plea Decisions) Factual basis for accepting guilty plea insufficient on
one count.
Maywald, David Lee v. State, COCA Case No.
C-2003-403 (January 9, 2004)
(Sentence - Excessive) Defendant misadvised of sentencing range and improperly
sentenced to greater than statutory maximum. Certiorari denied but sentence
modified.
McBride, Charles Hackney v. State, COCA Case No.
C-2005-120 (September 19, 2005)
(Guilty Plea Decisions) An evidentiary hearing on the application to withdraw
plea is mandatory unless waived. Certiorari granted and remanded for hearing on
application to withdraw plea.
McCarroll, Corey Dion v. State, COCA Case No.
C-2004-69 (January 19, 2005)
(Guilty Plea Decisions; Sentence - Abuse of Discretion) Two convictions modified
because proximity language did not exist at time of alleged offenses. Sentences
modified from 20 years to 15 years. Sentences modified because judge did not
consider concurrent sentences.
McCarthy, Allen Eugene v. State, COCA Case No.
C-2005-78 (November 28, 2005)
(Guilty Plea Decisions) Plea by defendant unable to make bond was not knowingly
and voluntarily entered, where delay in lab results, which later were found to
be favorable, was coercive factor in entry of plea. Petitioner permitted to
withdraw plea and proceed to trial.
McCubbin, Jonathan Andrew v. State, COCA Case No.
C-2004-1108 (December 9, 2005)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between
counsel and client resulted in client not having effective representation at
evidentiary hearing. Remanded for new hearing on Motion to Withdraw Plea.
McFarland, Todd Wayne v. State, COCA Case
No. C-2003-848 (March 25, 2004)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Petitioner denied
effective assistance of counsel when his attorneys induced him to plead no
contest based upon an incorrect legal opinion that he was eligible for a
deferred sentence. Certiorari granted.
McGee, Christopher Dwayne v. State, COCA Case No. C-2002-946
(July 1, 2003)
(Guilty Plea Decisions) Plea agreement was for second page enhancement to be
dropped, but trial court enhanced sentence anyway. Certiorari granted.
McManus, Ed DeWayne v. State, COCA Case No. C-2002-652
(September 27, 2002)
(Guilty Plea; Sentence - Excessive.) Amendments to 21 § 51.1 were not
considered when paperwork for plea was filled out. Petitioner could not have
knowingly and voluntarily entered a plea without knowing the correct punishment
range. Counts for 2nd Degree Burglary and Larceny of an Automobile
modified to the minimum of six (6) and nine (9) years respectively, rather than
the twenty (20) years first imposed.
Monaco, Anthony Frank v. State, COCA Case No.
C-2010-260 (July 20, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney
counseled plea and represented defendant at Motion to Withdraw Plea Hearing.
Remanded for new hearing on motion.
Mosely, Daniel Gene v. State, COCA Case No. C-2001-537
(March 20, 2002)
(Double Jeopardy, Guilty Plea; Convictions for possession of two controlled
substances.)
Mountain, John v. State, COCA Case No. C-1998-1455,
(Aug. 23, 1999)
(Guilty Plea, Ineffective Assistance of Counsel)
Murray, William Jackson v. State, COCA Case No.
C-2009-89
(January 8, 2010)
(Guilty Plea Decisions; Due Process) Hearing on Motion to Withdraw Plea is
mandatory. Remanded for hearing.
Oliver, Carlos David v. State, COCA Case No.
C-2010-1060 (October 7, 2011)
(Guilty Plea Decisions; Evidence, Sufficiency; Double Jeopardy/Double
Punishment) Factual basis not sufficient on guilty plea for resisting arrest,
count reversed with instructions to dismiss. Convictions for Assault with a
Dangerous Weapon and Assault with a Dangerous Weapon while Masked constitute
double punishment for one crime. Assault with a Dangerous Weapon reversed with
instructions to dismiss.
Overby, Christopher v. State, COCA Case No.
C-2008-617 (February 8, 2010)
(Guilty Plea Decisions) Conflict of interest between defendant and counsel
at motion to withdraw plea.
Newson, Terri Ann v. State, COCA Case No. C-2001-514
(November 4, 2002)
(Sentence - Excessive) Court denies certiorari but finds the sentence
excessive. Sentence modified from LWOP to Life.
Nielson, Elisa v. State, COCA Case No.
C-2005-398
(April 13, 2006) (Guilty Plea Decisions) Petitioner should have
been allowed to withdraw plea before sentencing when trial court chose not to
follow plea agreement. Certiorari granted.
- P, Q,
R -
Palos-Tellos, Valentin v. State, COCA Case No.
C-2009-1192 (November 19, 2010)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Plea counsel had
conflict of interest in litigating the motion to withdraw plea. Certiorari
granted. Remanded for new hearing on motion to withdraw plea.
Pebbles, Robert Scott v. State, COCA Case No.
C-2005-524 (April 5, 2006)
(Guilty Plea Decisions) Plea not knowing and voluntary when defendant is
misadvised as to possible sentence. Certiorari granted.
Pelican, William Allen, Jr. v. State, COCA Case No.
C-2005-207 (January 19, 2006)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Trial judge created a
conflict of interest by not appointing conflict-free counsel to conduct motion
to withdraw plea hearing.
Perez, Saul v. State, COCA Case No.
C-2003-890 (August 23, 2004)
(Guilty Plea) Ambiguous record regarding understanding of the crime to which a
plea of guilty was entered requires modification of the sentence.
Perkis, Robert Hershal v. State, COCA Case No.
C-2003-1247 (December 6, 2004)
(Guilty Plea Decisions) Kidnapping conviction (Life sentence) reversed and
dismissed for failure to establish “secret confinement.” First Degree Burglary
modified to Second Degree and sentence modified from 25 years to 7 years.
Pinon, Gilberto v. State,
COCA Case No. C-2002-1379 (May 23, 2003)
(Guilty Plea) Failure to have client present at Hearing on Application
to Withdraw Plea is not harmless error. Remanded for new hearing.
Poe, Eric Alan v. State, COCA Case No.
C-2004-1018 (July 12, 2005)
(Evidence, General; Guilty Plea Decisions) Petitioner allowed to withdraw plea
based upon newly discovered evidence.
Potts, Clinton Riley v. State, COCA Case No.
C-2010-2 (July 21, 2011)
(Ineffective Assistance of Counsel) At remanded hearing, trial court found
trial counsel was ineffective, and that the State had failed to disclose
favorable treatment given to State’s witness as a reward for testifying. AG did
not dispute the trial court’s findings. Reversed and remanded for new trial.
Proctor, Trent v. State, COCA Case No. C-1999-423,
(Nov. 9, 1999)
(Guilty Plea, Must be Withdrawn upon COCA order, no new hearing necessary)
Rankin, Jeremy Clarence v. State, COCA Case No.
C-2004-957 (June 13, 2005)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Conflict of interest
between client and counsel at motion to withdraw plea requires a new hearing on
the application to withdraw. Allegations in motion to withdraw placed counsel in
position of being a witness adverse to his client.
Reid, Floyd v. State, COCA Case No. C-2009-865 (February
22, 2010)
(Guilty Plea Decisions; Fines, Fees and Costs) Trial court’s imposition of
fine for each count was vacated, because defendant was not advised of fine
possibility as part of the negotiated plea.
Richards, Brad Daniel v. State, COCA Case No.
C-2005-1198 (August 14, 2006)
(Guilty Plea Decisions) Trial counsel’s conflict of interest adversely
affected presentation of client’s factual and legal grounds at hearing on motion
to withdraw plea. Reversed and remanded for new hearing on motion to withdraw.
Richardson, Robert Earl v. State, COCA Case No.
C-2006-649 (June 21, 2007)
(Guilty Plea Decisions) Without evidence that defendant was advised of the
85% rule, he must be allowed to withdraw his guilty plea.
Richardson, Robert Lee Jr. v. State, COCA Case No.
C-2007-1009 (February 24, 2009)
(Guilty Plea Decisions) Trial court erred in failing to hold a hearing on the
Motion to Withdraw Plea before denying the motion. Remanded for a hearing.
Rinker, Ricky Allen v. State, COCA Case No.
C-2005-608 (March 12, 2007)
(Guilty Plea Decisions; Sentence, Excessive) Order Withdrawing Previous
Opinion, granting certiorari. Plea not entered knowingly and voluntarily when
not informed of 85% rule.
Robinson, Lee Otis Jr. v. State, COCA Case No.
C-2009-317
(January 11, 2010)
(Guilty Plea Decisions; Due Process) Actual conflict existed between client
and counsel at the Motion to Withdraw Plea Hearing because counsel became a
witness adverse to her client. Remanded for a new hearing on the Motion to
Withdraw Plea.
- S, T, U -
Servin, Esther v. State, COCA Case No.
C-2003-858 (February 6, 2004)
(Guilty Plea Decisions) Petitioner should be allowed to withdraw her pleas in
the interests of justice. Petition for Writ of Certiorari granted.
Scott, Edward Charles v. State,
COCA Case No. C-2003-298 (September 4,
2003)
(Sentence - Excessive; Guilty Plea) Remanded for resentencing because
of inconsistent statements in the record concerning whether Petitioner was
sentenced as habitual offender.
Sharp, Robert Carl v. State, COCA Case No.
C-2006-571 (February 21, 2007)
(Guilty Plea Decisions) Petitioner not present at hearing on motion to
withdraw plea. Record does not reflect a waiver, case remanded for new hearing.
Shaw, Inez Lee v. State, COCA Case No.
C-2007-717
(March 31, 2008)
(Guilty Plea Decision; Sentence, Excessive) Sentences for Knowingly
Concealing Stolen Property modified because sentences exceeded statutory
maximum.
Shelton, Ronyell Lamar v. State, COCA Case No.
C-2003-1382 (December 3, 2004)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) Two convictions for
concealing stolen property violate prohibition against double jeopardy, one
count reversed with instructions to dismiss. Petitioner also allowed to withdraw
plea to second count of concealing stolen property because he was misadvised
regarding range of punishment.
Simmons, Christopher A. v. State, COCA Case No.
C-2007-50 (February 14, 2008)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict between
counsel and client at evidentiary hearing. Remanded for new hearing on Motion to
Withdraw Plea.
Smith, Donnell Devon v. State, COCA Case No.
C-2010-1179 (October 6, 2011)
(Guilty Plea Decisions; Sentence, Excessive) Sentence imposed was greater
than the maximum allowed by statute. Modified.
Skinner, Ronald Charles v. State, COCA Case No. C-2002-1460
(July 2, 2003)
(Guilty Plea Decisions) Defendant was misadvised on range of
punishment. Certiorari granted.
Smith, Eric Evan v. State, COCA Case No.
C-2005-1208 (August 11, 2006)
(Guilty Plea Decisions) Conflict of interest between client and counsel at
hearing on motion to withdraw plea required reversal for new hearing on motion.
Smith, Jody v. State,
COCA Case No. F-2000-131 (Sept. 1,
2000)
(Incarceration Fees, Guilty Plea Appeal Procedure)
Smith, Karen Deborah v. State, COCA Case No.
C-2010-1059
(September 23, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Remanded for new
hearing on motion to withdraw plea because same attorney handled plea and motion
to withdraw.
Snoe, Russell v. State, COCA Case No.
C-2002-633 (February
26, 2003)
(Guilty Plea) Plea not knowingly and voluntarily made because of incorrect
information about the range of punishment he faced. Certiorari granted.
Speed, Seno McKinley v. State, COCA Case No.
C-2004-598 (August 12, 2005)
(Guilty Plea Decisions) No factual basis to support convictions. Petitioner
allowed to withdraw pleas.
Stine, Gary Alan v. State, COCA Case No.
C-2012-381 (November 20, 2012)
(Guilty Plea Decisions; Sentence, Excessive) Judgment and Sentence remanded
for a nunc pro tunc order. Sentences were ordered to be served concurrently,
which is not reflected in the judgment and sentence.
Stout, Billy D. v. State, COCA Case No.
C-2005-493 (March 27, 2006)
(Ineffective Assistance of Counsel; Guilty Plea Decisions) Counsel
ineffective in both plea and sentencing and motion to withdraw plea. No
reasonable grounds given in motion to withdraw plea, even though there was no
factual basis for the plea. Case remanded to allow defendant to withdraw plea.
Sutton, Donald Edward v. State, COCA Case No.
C-2009-665 (August 24, 2010)
(Guilty Plea Decisions) Plea not entered knowingly and voluntarily if not
informed of 85% requirement. Certiorari granted.
Thomas, Justin Lyle v. State, COCA Case No.
C-2003-136 (May 18, 2004)
(Guilty Plea Decisions; Due Process) Petitioner misadvised regarding range of
punishment for two counts, which influenced decision to plead guilty to entire
case. Certiorari granted.
Thompson, Amanda Moncella v. State, COCA Case No.
F-2009-648 (August 31,
2011)
(Revocation/Acceleration Decisions; Guilty Plea Decisions) Acceleration
case, but defendant not advised at the time of acceleration of right to move to
withdraw the guilty plea. Defendant "properly sought an out of time certiorari
appeal through a request for post-conviction relief," the matter must be
remanded to allow defendant the opportunity to withdraw her plea.
Thompson, Jason Harvey v. State, COCA Case No.
C-2012-287 (November 27, 2012)
(Guilty Plea Decisions) Failure to hold hearing on motion to withdraw plea
requires remand
Tran, Huyen Cleveland v. State, COCA Case No.
C-2009-1033
(February 28, 2011)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Conflict of
interest of counsel in representing both parties charged with child
abuse/permitting child abuse, when defense would be to accuse the other.
Remanded to allow withdrawal of plea.
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Ussery, Edgar Lee v. State, COCA Case No.
C-2011-875
(September 12, 2012)
(Guilty Plea Decisions; Sentencing) Remanded to correct the judgment and
sentence to reflect credit for time served and correct number of prior
convictions.
Vaughn, Olindia Toann. v. State, COCA Case No.
C-2009-17
(October 27, 2009)
(Ineffective Assistance of Counsel) Petitioner denied effective assistance
of counsel at the plea withdrawal hearing, allowed to withdraw her plea.
Vivier, Eugene v. State, COCA Case No. C-2001-225,
(Sept. 6, 2001)
(Guilty Plea, Ineffective Assistance of Counsel)
Wabaunsee, Gregory Davis v. State, COCA Case No.
C-2010-940 (December 7,
2011)
(Guilty Plea Decision; Double Jeopardy/Double Punishment; Sentence,
Excessive) Under the particular facts of this case Felon in Possession of
Firearm and Possession of Firearm During Felony constituted double punishment.
Walker, Julius Jerome v. State, COCA Case No.
C-2010-1129 (September 28,
2011)
(Guilty Plea Decisions; Double Jeopardy/Double Punishment) One count of A&B
with Dangerous Weapon Reversed with Instructions to Dismiss as a Section 11
double punishment error because it "was based upon the same general act which
formed part of the basis for the crime charged" in another count.
Watkins, Timothy Mark v. State, COCA Case No.
C-2004-1156 (December 27, 2005)
(Guilty Plea Decisions; Sentence, Abuse of Discretion) Trial court abused its
discretion in refusing to allow Defendant to withdraw Alford plea , when court
failed to follow sentencing recommendation of the State. Certiorari granted.
White, Byron Lynn v. State, COCA Case No. C-2001-1425 (May
30, 2002) rec'd 9-02 from COCA
(Ineffective Assistance of Counsel. ) Petitioner was denied constitutional
right to due process because the hearing on Motion to Withdraw Plea was
conducted in his absence and counsel made no argument in support of the
application. Remanded for proper hearing on application to withdraw guilty plea.
Wilkerson, Dustin Lee v. State, COCA Case No.
C-2006-863 (May 17, 2007)
(Fines, Fees and Costs) Trial court improperly imposed a $10,000 fine in
place of restitution. Fine vacated.
Wilkerson, Mark A. v. State, COCA Case No.
C-2003-1311 (January 19, 2005)
(Guilty Plea Decisions; Information, Defective) Conviction for First Degree
Burglary modified to Second Degree Burglary because the facts failed show actual
physical presence, as required. Conviction for kidnapping reversed and dismissed
because no factual basis for secret confinement, an essential element.
Wilkes, Darren Casey v. State, COCA Case No.
C-2011-51 (September 2, 2011)
(Guilty Plea Decisions) Certiorari must be granted because term of
negotiated plea was participation in RID program, but DOC rejected defendant for
the program.
Willeford, James G. v. State, COCA Case No.
C-2006-693 (December 8, 2006)
(Guilty Plea Decisions) Court erred in failing to advise regarding the 85%
Rule under Anderson at the time of the plea. Sentence modified.
Williams, Floyd Ray, Jr. v. State, COCA Case No.
C-2008-682 (April 17, 2009)
(Guilty Plea Decisions) Defendant not advised at time of plea that driving
under suspension carried jail time. Sentence modified to fine only.
Williams, Kory v. State, COCA Case No.
C-2008-1183
(February 4, 2010)
(Guilty Plea Decisions) Confusion in the range of punishment (whether
sentencing was as a first offender or AFC) rendered plea not knowing and
voluntary. Certiorari granted.
Williams, Tommy Lee v. State, COCA Case No.
C-2006-497 (February 26, 2007)
(Guilty Plea Decisions; Sentence, Excessive) No contest plea to child abuse
resulted in a Life sentence, with all but 30 years suspended, shocks conscience
of the court. Sentence modified to 20 years.
Woods, Jessica Melissa v. State, COCA Case No. C-2001-1216
(June 7, 2002)
(Fines, Fees and Costs. Petition for Writ of Certiorari denied. Petitioner
should not be assessed the transcript preparation fee inasmuch as the trial
court found Petitioner indigent and ordered the transcripts prepared at public
expense.)
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OKLAHOMA