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Stewart v. State3/9/1999
rtunity to withdraw his guilty pleas, as the sentence recommendation in the original plea agreement entered into by him and the State was not authorized by law, and Petitioner may proceed to trial. If Petitioner does not wish to withdraw his pleas, the District Court shall sentence him to a term of imprisonment within the statutorily prescribed range.
THEREFORE IT IS THE ORDER OF THIS COURT that the Writ of Habeas Corpus be construed as an Application for Post-Conviction Relief and it is hereby GRANTED. Petitioner's Judgment and Sentences in CF 97-1817 are VACATED and this matter is hereby REMANDED to the District Court of Oklahoma County for further proceedings consistent with this Order.
IT IS SO ORDERED.
WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 9th day of March, 1999.
Reta M. Strubhar DISSENTS, RETA M. STRUBHAR, Presiding Judge
Gary L. Lumpkin, GARY L. LUMPKIN, Vice Presiding Judge
Charles A. Johnson DISSENTS, CHARLES A. JOHNSON, Judge
Charles S. Chapel, CHARLES S. CHAPEL, Judge
Steve Lile, STEVE LILE, Judge
ATTEST:
James Patterson, Clerk
Strubhar, .P.J.: Dissents
I respectfully Dissent to the Court's decision in this case. I have previously determined that the initial sentence imposed by the Court was valid and would deny this writ. I am authorized to state that Judge Johnson concurs in this vote.
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