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IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA RODERICK LEANDREW JACKSON, ) ) Appellant, ) NOT FOR PUBLICATION ) V. ) No. F-2014-452 ) THE STATE OF OKLAHOMA, ) ) FILED Appellee. ) DURT OF CRIMINAL APPEALS STATE OF OKLAHOMA OCT 282 2015 SUMMARY OPINION MICHAEL S. RICHIE SMITH, PRESIDING JUDGE: CLERK Appellant was charged in Muskogee County District Court with Knowingly Concealing Stolen Property in Case No. CF-2011-126; Knowingly Concealing Stolen Property in Case No. CF-2011-1078; and Count 1 – Possession of Controlled Dangerous Substance, Count 2 – Attempting to Elude a Police Officer, Count 3 – Driving with License Suspended and Count 4 – Failure to Carry a Security Verification Form in Case No. CF-2013-475. Appellant pled guilty in these cases on September 18, 2013. The Honorable Robin Adair, Special Judge, sentenced Appellant pursuant to a plea agreement in CF-2011-126 to ten years imprisonment; in CF-2011-1078 to ten years imprisonment; and in CF-2013-475 to ten years imprisonment on Count 1, one year imprisonment on Count 2, one year imprisonment on Count 3 and thirty days imprisonment in Count 4. Judge Adair entered an order staying Appellant’s sentences pending successful completion of Drug Court. 1 On April 30, 2014, the State filed an application to terminate Appellant’s participation in Drug Court alleging Appellant committed multiple violations of his Drug Court performance contract. The State alleged Appellant failed to attend counseling sessions, missed Drug Court meetings, missed call-ins, failed to complete community service, failed to obtain job applications, tested positive for marijuana, was AWOL, failed to pay various fees, drove without a driver’s license and tested positive for alcohol. Following a hearing on the State’s application, the District Court terminated Appellant’s participation in Drug Court and executed Appellant’s previously stayed sentences pursuant to his Drug Court plea agreement. Appellant appeals the termination of his Drug Court participation. In his first proposition, Appellant maintains that the termination of his participation in Drug Court was an abuse of discretion. He argues that this termination was based on previously punished violations of his Drug Court performance contract. Appellant claims he was sanctioned for each of the alleged violations prior to the filing of this application to terminate. Based on this, Appellant is requesting that this termination be reversed and he be reinstated in the Muskogee County Drug Court Program. The State agrees this termination should be overturned and the appeal record supports this proposition. Appellant’s most recent violation was alleged to have occurred on or before April 7, 2014, and Appellant was last sanctioned on April 14, 2014. An application to terminate was not filed until April 30, 2 2014. The State concedes error and agrees that Appellant should be reinstated in the Muskogee County Drug Court. At the termination hearing the only evidence presented by the State was to have the Drug Court director list the alleged violations. In revoking or terminating a defendant from a drug court program, the court makes a factual determination involving the existence of a violation of the terms of the plea agreement or performance contract and whether disciplinary sanctions have been insufficient to gain compliance. Hagar v. State, 1999 OK CR 35, I 11, 990 P.2d 894, 898; 22 O.S.Supp.2011, § 471.7(E). As no evidence was introduced at the hearing of any additional violations of his Drug Court Performance Contract since Appellant’s most recent disciplinary sanction, and the State concedes this error, Appellant shall be reinstated in the Muskogee County Drug Court. Finding merit to Appellant’s first proposition of error, we do not find it necessary to address Appellant’s remaining propositions of error. DECISION The termination of Appellant’s participation in Drug Court in Muskogee County District Court Case Nos. CF-2011-126, CF-2011-1078 and CF-2013- 475, is REVERSED and REMANDED for proceedings consistent with this opinion. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2015), the MANDATE is ORDERED issued upon the filing of this decision. 3 TERMINATION APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY, THE HONORABLE ROBIN ADAIR, SPECIAL JUDGE APPEARANCES AT TERMINATION HEARING APPEARANCES ON APPEAL Stephen Cale Virginia Sanders Attorney at Law Appellate Defense Counsel 624 South Denver Avenue, Suite 300 P.O. Box 926 Tulsa, Oklahoma 74419 Norman, Oklahoma 73070 COUNSEL FOR THE DEFENDANT COUNSEL FOR APPELLANT Jason Perez E. Scott Pruitt Assistant District Attorney Attorney General of Oklahoma Muskogee County District Attorney’s Keeley L. Miller Office Assistant Attorney General 220 State Street 313 N.W. 21st Street Muskogee, Oklahoma 74401 Oklahoma City, Oklahoma 73105 COUNSEL FOR THE STATE COUNSEL FOR THE STATE OPINION BY: SMITH, P.J. LUMPKIN, V.P.J.: CONCUR JOHNSON, J.: CONCUR LEWIS, J.: CONCUR HUDSON, J.: CONCUR RA 4

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