Hopkins v. State

I respectfully dissent on the basis that appellant’s plea was not knowingly and voluntarily entered. The evidence presented during the hearing on appellant’s motion to withdraw her plea is uncontroverted: Appellant was told by her attorney “he was sure that [she] would get a suspended sentence .. .because [she] had never been in trouble before ...” Because of this inaccurate information, appellant’s plea does not represent “a voluntary and intelligent choice among the alternative courses of action open to the defendant.” Avance v. State, 497 P.2d 467 (Okla.Crim.App.1972), quoting North…