Adams v. State
| Decision Date | 03 June 1986 |
| Docket Number | No. C-84-165,C-84-165 |
| Parties | Thurman Sylvester ADAMS, Appellant, v. STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Thurman Sylvester Adams, filed a petition for certiorari appeal with this Court from a denial by the District Court of Muskogee County in Case No. CRF-83-66, of his application to withdraw his guilty plea and the acceleration of his deferred sentence. Appellant was sentenced, after acceleration, to seven years' imprisonment for Burglary Second Degree.
Although this matter is before the Court on a certiorari appeal, the only issue presented is a claim the district court should not have accelerated appellant's deferred sentence. Appellant does not argue his plea of guilty to the original charge was improperly accepted and that the court did not follow the requirements of King v State, 553 P.2d 529 (Okl.Cr.1976). Appellant does not contend he has a valid defense to the original charge and it was therefore an abuse of discretion for the court to refuse to allow him to withdraw his plea. Elmore v. State, 624 P.2d 78 (Okl.Cr.1981). Due to the confusion that has existed prior to Davis v. State, 704 P.2d 497 (Okl.Cr.1985) this appeal will be considered as if it had been filed under the proper court rule.
Appellant pled guilty to this charge on February 10, 1983 and was given a one year deferred sentence. On September 26, 1983, the State filed an application to accelerate his sentence claiming he had committed two more burglaries, on August 31 and September 8. A hearing was held on October 5, and based on the testimony presented the court accelerated appellant's sentence and imposed a seven year sentence.
Appellant's first proposition of error asserts the trial court erred in considering appellant's confession to the burglaries committed on August 31 and September 8 because they were the direct product of either an illegal arrest or an impermissible detention. The only grounds for acceleration alleged in the application was a reference to the two charges in which the confessions were ultimately suppressed. At the time of the acceleration hearing appellant had not been tried or convicted of those other charges. The State's evidence consisted of the confessions and testimony of the burglary victims.
The victim's testimony consisted solely of evidence a crime had been committed; they did not link appellant to the commission of the...
To continue reading
Request your trial
-
Richardson v. State
...(1974); and, State v. Kuhn, 7 Wash.App. 190, 499 P.2d 49 (1972). Accordingly, we overrule both Michaud and Chambers, supra, Adams v. State, 719 P.2d 843 (Okl.Cr.1986), and any other case from this Court 4 which has reached a contrary Our holding that the exclusionary rule does not apply to ......