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Cox v. State,
2006 OK CR 51 (December 29, 2006): Guilty Pleas; Statutes of Limitations: The Court ends the year on a winning note for the defense in this guilty plea case which is instructive on several issues. Cox plead guilty to Child Sexual Abuse in Garfield County in front of Judge Ronald G. Franklin. Cox was sentenced to 20 years with all but the first fifteen years suspended. First, Cox raised the issue of the statute of limitations which was not raised below. The Court characterized such a claim as "jurisdictional" but then proceeded to treat it distinctly from subject matter jurisdiction, holding that waiver will not be presumed from a silent record and, since Cox was silent below, he did not waive it. The Court also held that statutes of limitations are prospective only and can not extend a prior limitations period that had not expired. Also, the Court held there was no factual basis for the plea under King because the plea form did not admit all the elements of the crime charged.
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