Davis v. State, 2011 OK CR 7

Davis sought post-conviction relief and an out-of-time certiorari appeal after final district court denial of his post-conviction petition.
Davis pleaded guilty (Alford) in CF-2008-6216, CF-2009-1733, CF-2009-3897 with 35-year concurrent terms.
Judge Watson accepted the pleas and sentenced Davis; later Davis moved to withdraw and, again with plea agreement, entered Alford pleas on the same offenses with amended charge for CF-2008-6216.
The district court denied post-conviction relief, finding Davis understood his appeal rights and failed to show ineffective assistance of counsel.
On appeal, Davis abandons the right-to-appeal issue but argues ineffective assistance by not consulting about an appeal; the court addresses the duty to consult under Flores-Ortega.
This court affirms the district court’s denial of post-conviction relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Duty to consult about appeal	Davis asserts counsel failed to discuss appeal rights.	No automatic duty to consult; only if reasonable grounds show desire to appeal.	No duty found; no error in denial of relief.
Entitlement to out-of-time certiorari relief	Petitioner was not adequately advised and counsel failed to perfect an appeal.	Record shows Davis understood appeal rights and chose not to appeal.	Affirmed denial of post-conviction relief.

Roe v. Flores-Ortega, 528 U.S. 470 (U.S. Supreme Court 2000) (no bright-line rule requiring counsel to consult about appeals; duty arises if reasonable grounds or defendant shows interest)