(DOWNLOAD) "Walters v. State" by Court of Criminal Appeals of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: Walters v. State
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 02, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
1 Appellant Billy Ray Walters was charged with Robbery by Force and Fear, After Former Conviction of a Felony (21 O.S. 1981 §Â§ 791 [21-791], 51) in Muskogee County District Court, Case No. CRF-85-540. At the plea hearing held March 7, 1986, the trial court incorrectly advised Appellant, who was represented by counsel, that he was charged with Robbery by Force and Fear and that the range of punishment was not less than five (5) years with no maximum. Appellant then entered his guilty plea. At the sentencing hearing on April 23, 1986, the trial judge apparently realized he had both misstated the range of punishment and ignored the fact that Appellant was charged with the offense "After Conviction of Two or More Felonies." At this time, he advised Appellant the possible sentence was not less than twenty (20) years with no maximum, due to Appellants previous felony convictions. (Sentencing Tr. 6). The trial judge then sentenced Appellant to ninety (90) years. The trial judge did not question Appellant as to whether he wished to allow his plea to stand and subsequently denied Appellants Application to Withdraw Guilty Plea. Appellant has now petitioned this Court for a Writ of Certiorari.
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