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Vigil v. State
Citations: 765 P.2d 794; 1988 OK CR 276; 1988 Okla. Crim. App. LEXIS 280; 1988 WL 130558Docket: No. C-87-417
Court: Court of Criminal Appeals of Oklahoma; November 22, 1988; Oklahoma; State Appellate Court
George Vigil pled nolo contendere to First Degree Manslaughter in Texas County District Court, resulting in a sentence of ten to thirty years imprisonment. He appealed, claiming the sentence was excessive, primarily arguing that he had no prior criminal record and citing similar cases as a basis for his appeal. The court noted that a nolo contendere plea is treated as a guilty plea for appellate review, which is limited to assessing the plea's voluntariness, the sufficiency of the Information for jurisdiction, and the legality of the sentence. Citing precedents, the court affirmed that the imposed sentence is within statutory limits, as first degree manslaughter carries a minimum sentence of four years. The court stated that unless a sentence is deemed shockingly excessive, it will not be modified. The court found that Vigil's sentence did not meet this standard. Consequently, the petition for a writ of certiorari was denied, and the judgment and sentence were affirmed, with Judges Brett and Bussey concurring.