Opinion

Ferguson v. State

  • 143 P.3d 218
  • 2006 OK CR 36
  • 2006 Okla. Crim. App. LEXIS 37
  • 2006 WL 2506490
Court
Court of Criminal Appeals of Oklahoma
Filed
Aug 30, 2006
Status
Published
Author
Lumpkin
On the bench
Vice-Presiding, Chapel, Johnson, Lumpkin, Lewis
Cited by
7 cases

where defendant had entered into a negotiated nolo plea, holding that ignorance of the 85% Rule rendered defendant’s plea involuntary

How later courts described this case

  • where defendant had entered into a negotiated nolo plea, holding that ignorance of the 85% Rule rendered defendant’s plea involuntary

Written by the judges who cited it.

The opinion

LUMPKIN, Vice-Presiding Judge:

dissent.

¶ 11 dissent to the granting of certiorari in this case. A valid plea does not require notice of parole eligibility. Further, while the 85% Rule settles some of the speculative nature concerning the right to parole, starting down the path of advising defendants about parole is a slippery slope that does not have a stopping place. Parole is a subjective decision made by the constitutionally established Pardon and Parole Board and is based on subjective criteria. Trial judges cannot and should not be expected to be able to advise defendants of all of the different aspects of parole. The present case was a no contest plea based on solid evidence in the form of a valid confession. Petitioner should not now be able to “play the system” or be allowed to be the vehicle for requiring judges to advise of matters even inferentially touching on parole.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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