Buchanan v. State

Court of Criminal Appeals of Oklahoma

Buchanan v. State

1988 OK CR 100, 755 P.2d 117, 1988 Okla. Crim. App. LEXIS 105, 1988 WL 51829

Court of Criminal Appeals of Oklahoma·Decided May 18, 1988·No. No. C-87-336·Published

Opinion

OPINION

PARKS, Judge:

Petitioner, Bobby Lee Buchanan, pled guilty to Assault and Battery with a Dangerous Weapon, After Former Conviction of a Felony (21 O.S.1981, § 645, 21 O.S. Supp.1985, § 51), in Tulsa County District Court, Case No. CRF-86-4366, before the Honorable Clifford E. Hopper, District Judge. The State recommended a punishment of fifteen (15) years, which the trial court imposed. Petitioner timely filed a motion to withdraw his guilty plea, which was denied. Petitioner has timely filed a petition for a writ of certiorari. We assume jurisdiction and reverse.

We find it unnecessary to address the facts, as we find that the trial court failed to fully advise the petitioner of the nature and consequences of his guilty plea as required by King v. State, 553 P.2d 529, 534 (Okla.Crim.App.1976). The record shows the trial court did not advise petitioner that in pleading guilty he waived his right to confront the witnesses against him; his privilege against compulsory self-incrimination; that he was presumed innocent of the charged crime or of any lesser crime; and that the State had the burden of proving each and every element of the crime charged beyond a reasonable doubt. Id. at 534-35.

On the basis of the foregoing, we find that the trial court abused its discretion in not allowing petitioner to withdraw his guilty plea. Therefore, the writ of certio-rari is GRANTED, and the judgment is REVERSED and REMANDED for further proceedings consistent with the views expressed herein.

[118] BRETT, P.J., concurs. BUSSEY, J., concurs in result.

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OPINION

PARKS, Judge:

Petitioner, Bobby Lee Buchanan, pled guilty to Assault and Battery with a Dangerous Weapon, After Former Conviction of a Felony (21 O.S.1981, § 645, 21 O.S. Supp.1985, § 51), in Tulsa County District Court, Case No. CRF-86-4366, before the Honorable Clifford E. Hopper, District Judge. The State recommended a punishment of fifteen (15) years, which the trial court imposed. Petitioner timely filed a motion to withdraw his guilty plea, which was denied. Petitioner has timely filed a petition for a writ of certiorari. We assume jurisdiction and reverse.

We find it unnecessary to address the facts, as we find that the trial court failed to fully advise the petitioner of the nature and consequences of his guilty plea as required by King v. State, 553 P.2d 529, 534 (Okla.Crim.App.1976). The record shows the trial court did not advise petitioner that in pleading guilty he waived his right to confront the witnesses against him; his privilege against compulsory self-incrimination; that he was presumed innocent of the charged crime or of any lesser crime; and that the State had the burden of proving each and every element of the crime charged beyond a reasonable doubt. Id. at 534-35.

On the basis of the foregoing, we find that the trial court abused its discretion in not allowing petitioner to withdraw his guilty plea. Therefore, the writ of certio-rari is GRANTED, and the judgment is REVERSED and REMANDED for further proceedings consistent with the views expressed herein.

[118] BRETT, P.J., concurs. BUSSEY, J., concurs in result.

Buchanan v. State, 1988 OK CR 100, 755 P.2d 117, 1988 Okla. Crim. App. LEXIS 105, 1988 WL 51829 (Okla. Ct. App. 1988).

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Opinion

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