Ex parte Jordan

Ex parte Jordan
1942 OK CR 86
126 P.2d 548
74 Okl.Cr. 396
Decided: 05/27/1942
Oklahoma Court of Criminal Appeals

(Syllabus.)

This being a companion case to the case of Ex parte Farrar, 74 Okla. Cr. 390, 126 P.2d 545, this date decided; the facts and the law of that case are identical to this case; the syllabus of Ex parte Farrar, supra, is adopted as the syllabus of this case.

1. Habeas Corpus-Remedy Available Where Trial Court Lacked Jurisdiction or Constitutional Rights Were Denied. The remedy of habeas corpus is available wherever it is found that the court in which the petitioner was tried had no jurisdiction to try him, or that in its proceedings his constitutional rights were denied.

Page 397

2. Arraignment and Pleas-Safeguards Placed Around Plea of Guilty. A plea of guilty should be entirely voluntary, and should be made by one competent to know the consequences thereof, and should not be accepted until after the defendant has been fully advised by the court of his rights and the consequences of his plea.

3. Judgment and Sentence-One Who Has Prior Conviction for Felony not Eligible for Suspended Sentence. A person who has a prior conviction for a felony is not eligible for a suspended sentence. 22 O. S. 1941 § 991.

4. Same Habeas Corpus Relief Afforded Petitioner Who Had Pleaded Guilty on Promise of County Attorney to Recommend Suspended Sentence Which Was Later Revoked Because of Prior Felony Conviction. Where county attorney and trial judge inform accused, who has a prior felony conviction, that he is eligible for a suspended sentence, before he enters his plea to an information charging a felony, and undisputed evidence shows that county attorney had promised to recommend a suspended sentence of ten years for accused if a plea of guilty is entered, and trial court imposes sentence of twenty-five years in State Penitentiary upon a plea of guilty and suspends the execution of said sentence during good behavior, but later revokes the suspended sentence for the reason that the court "did not have the right to suspend the sentence in the first place," and the evidence is conclusive that defendant would not have entered his plea of guilty except for the representations made by the trial judge, and county attorney, this court, in a habeas corpus proceeding, may inquire into the proceedings and order the defendant discharged from custody or vacate the judgment and remand the same to the trial court for further proceedings.

Original proceeding in habeas corpus by Courtney Clark Jordan to secure release from State Penitentiary. Writ allowed with instructions to the Warden of the State Penitentiary to release petitioner into the custody of the Sheriff of Oklahoma County, with instructions to said Sheriff of Oklahoma County to hold petitioner in his custody pending action of the District Court of Oklahoma County.

Sid White, of Oklahoma City, for petitioner.

Mac Q. Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for respondent.

Page 398

JONES. J. This is a companion case to the case of Ex parte Clyde Farrar, 74 Okla. Cr. 390, 126 P.2d 545, this day decided. For a full statement of the facts and the law applicable to the instant case, reference is made to that case. All that is said in the disposition of the Clyde Farrar case applies equally to the case of Courtney Clark Jordan, petitioner herein.

It is therefore ordered that the judgment and sentence pronounced in cause numbered 9867 in the district court in and for Oklahoma county, State of Oklahoma, so far as it affects the petitioner, Courtney Clark Jordan, be and the same is hereby vacated and set aside.

It is further ordered that the writ of habeas corpus as prayed be issued, and that the warden of the State Penitentiary at McAlester, Okla., be and is hereby commanded forthwith to deliver into the custody of the sheriff of Oklahoma county, Okla., the petitioner, Courtney Clark Jordan.

It is further ordered that the sheriff of Oklahoma county, Okla., hold the said Courtney Clark Jordan pending the disposition of the crime alleged against him in cause numbered 9867 in the district court of Oklahoma county, or until he is discharged by the making of bail, or otherwise, in accordance with the law as provided in such cases.