HAWES v. STATE

HAWES v. STATE
1970 OK CR 116
473 P.2d 283
Case Number: A-15857
Decided: 07/29/1970
Oklahoma Court of Criminal Appeals

Appeal from the District Court of Tulsa County; Wm. M. Means, Judge.

Earl Raymond Hawes was convicted of the crime of Second Degree Forgery on his plea of guilty, was sentenced to serve four years in the state penitentiary, and appeals. Affirmed.

Andrew T. Dalton, Jr., Public Defender, for plaintiff in error.

G.T. Blankenship, Atty. Gen., for defendant in error.

BUSSEY, Judge.

¶1 Earl Raymond Hawes, hereinafter referred to as defendant, was charged by Information in the District Court of Tulsa County, Case No. CRF-69-1900 with the offense of Second Degree Forgery where, after being thoroughly advised of his constitutional rights in the presence of his retained counsel, the defendant entered a plea of guilty. The court accepted the plea of guilty and sentenced the defendant to four years imprisonment, the same to run concurrently with the judgment and sentence entered in Tulsa County District Court Case No. CRF-69-2022.

¶2 On appeal he alleges that his plea of guilty was entered as a result of being threatened with a robbery charge in the event he did not enter a plea of guilty.

¶3 We are of the opinion that the record amply supports the finding of the trial court that the defendant freely and voluntarily entered a plea of guilty with full knowledge of the nature and consequence of such plea, after having consulted with his retained counsel who appeared with him at the time judgment and sentence was pronounced on his plea of guilty. Under such circumstances we are of the opinion that the judgment and sentence should be, and the same is hereby, affirmed.

BRETT, P.J., and NIX, J., concur.