dissenting:
¶ 1 I agree with the Court that the Petitioner waived his first proposition of error by failing to raise it in his motion to withdraw plea of guilty. I also agree with the Court’s discussion of the Legislature’s power to define crime and punishment and the crime of larceny of merchandise from a retailer ($50.00 — $499.99) is a felony crime. However, in its zeal to seek an opportunity to interpret the provisions of 21 O.S.1991, § 51, the Court has disregarded the facts of this case. Therefore, I must dissent to the Court’s decision to reverse and remand this case to the District Court for further proceedings.
¶2 In its brevity, the Court omits some very important factual matters in this record. On September 9, 1996, the Petitioner, with counsel, appeared before the Honorable, B.R. Beasley, Associate District Judge. Beginning at page 2 of the transcript of that proceeding, the following took place on the record:
THE COURT: This is CF-96-1772, Willie Walker, larceny of merchandise from retailer after how many formers?
MS. ATTEBERRY: Your Honor, there is — he has five former convictions.
THE COURT: Five former convictions, Mr. Walker. ■
MR. LEIPPERT: We. show six, one transactional.
THE COURT: Five or six. It just takes two or more to get 20 years for the minimum.
MR. WALKER: I want to enter a plea this evening. ■
THE COURT: You want to enter a plea?
MR. WALKER: Yes.
THE COURT: All right. I’ll let your attorney fill out the form.
MS. ATTEBERRY: Judge, he wants to enter a plea, but he won’t say to what time. I told him it was for eight years and he doesn’t—
THE COURT: It will be eight years. You can enter a plea and reserve your right to appeal, if you wanted to. I would sentence you to eight years. That’s what the other defendant received.
MR. WALKER: I want to enter a plea this evening.
THE COURT: Okay. Go out and fill out the form. It will be eight years. Do you understand that?
MR. WALKER: Yes. Did you get my letter that I mailed to you? .
As a result of that exchange, the State dismissed all but one prior felony. After completing the petition to enter a plea of guilty, Judge Beasley administered an oath and inquired of Petitioner as to his understanding of the questions and the answers he had given and accepted his plea of guilty. The Court then sentenced Petitioner to eight years incarceration, $500.00 fine, and $250.00 victims compensation fee, as the Court had advised Petitioner prior to accepting the plea. On page 5 of the transcript, the Court inquires of Petitioner, “Is that the agreement you understood?”, to which Petitioner answered “yes”. After requesting immediate transportation to the Department of Corrections and being advised of his right of appeal, Petitioner advised the Court he did not have any questions. However, as a postscript to the proceedings, Petitioner’s attorney then stated, “Your Honor, at this time for the record, I would like to inform the Court that Mr. Walker has been informed as to that his attorney does not believe that Title — that Title 21 Section 1731 concerning larceny of merchandise from a retailer range between 50 and $500.00, that is not a felony and therefore not enhanceable. He has been informed of that, even though he wishes to plead under the enhancement statute.” That concluded the proceedings. At the hearing on October 10, 1996, the transcript reveals *358that apparently this motion to -withdraw plea was held in conjunction with some other proceeding because, after calling the case, the Court says “we have, the same issue here” and Petitioner’s attorney answers that it is the same issue. The attorney then acknowledges that Petitioner had six prior convictions and he pled guilty, with all but one being stricken. Counsel acknowledged that Petitioner had pled guilty and that he had entered that plea against her recommendation that he not enter the plea, rather than taking a chance of going to trial. Based on the Court’s own interpretation of Section 51, if the State had not entered into the plea agreement with Petitioner, the minimum sentence Petitioner could receive in this case is twenty years. I would find Petitioner has waived the issue by the entering of a free and voluntary negotiated plea wherein he did receive everything he had agreed to in the plea agreement. Therefore, I must dissent to the Court’s action in this case.