(DOWNLOAD) "Floyd v. State" by Court of Criminal Appeals of Oklahoma * Book PDF Kindle ePub Free
eBook details
- Title: Floyd v. State
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 30, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
1 On January 24, 1972, appellant, Shelby N. Floyd, hereinafter referred to as defendant, upon a plea of guilty was convicted for the offense of Uttering and Passing a Bogus Check, After Former Conviction of a Felony, Case No. CRF-72-13, in the District Court, Garfield County. He was thereupon sentenced to serve a term of ten (10) years in the state penitentiary. Subsequently, defendant filed an application in the District Court, Garfield County, for post conviction relief attacking the validity of that plea of guilty for certain constitutional infirmities. Thereafter, on June 5, 1974, the District Court entered an order of summary judgment, denying the application for post conviction relief, and from that order, the defendant perfected an appeal to this Court. On July 9, 1974, in Case No. PC-74-387, this Court entered an order affirming the District Court as to defendants contention that the record of the proceedings did not support a finding that he personally entered his plea of guilty and, further, the defendants contention that he was denied the effective assistance of counsel. However, this Court ordered the matter be remanded for an evidentiary hearing to be held within ninety (90) days from the date of the order for the purpose of determining whether or not defendant was fully advised of his rights as set forth in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, and Copenhaver v. State, Okl.Cr., 431 P.2d 669 (1967), and whether or not the defendant voluntarily and intelligently waived said rights. Thereafter, on August 22, 1974, an evidentiary hearing was held on said matter before The Honorable Park W. Lamerton, in the District Court, Garfield County. After taking of sworn testimony, the District Court found the defendant, prior to the entrance of his plea of guilty, had been fully advised of his constitutional rights and said rights were protected. From said ruling, a timely appeal has been perfected to this Court.