Christopher Shamichael Brown v The State Of Oklahoma
F 2017-1074
Filed: May 9, 2019
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Christopher Brown appealed his conviction for multiple charges, including driving under the influence and burglary. His conviction and sentence included time in jail and fines, and he was part of a Drug Court program. However, he was terminated from the program after several violations. The court decided to uphold the termination of Brown from the Drug Court Program. Judge Kuehn dissented.
Decision
The termination of Appellant from the Muskogee County Drug Court Program in District Court Case Nos. CM-2015-149, CF-2015-802 and CF-2016-184 is AFFIRMED. Pursuant to Rule 3.15, Rules 5 of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision.
Issues
- was Appellant's Drug Court revocation improper because he was revoked for previously sanctioned violations?
- did the District Court err in terminating Appellant's Drug Court participation?
- was Appellant's original aggregate sentence impermissibly extended by the orders to lift stay of sentence issued by the District Court?
Findings
- the court did not err in terminating Appellant's Drug Court participation based on previously sanctioned violations
- the court did not abuse its discretion in terminating Appellant from the Drug Court program
- the argument that the original aggregate sentence was extended was denied
- the termination of Appellant from the Muskogee County Drug Court Program is AFFIRMED
F 2017-1074
May 9, 2019
Christopher Shamichael Brown
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
KUEHN, VICE PRESIDING JUDGE: Appellant, Christopher Brown, was charged in Muskogee County District Court Case No. CM-2015-149 with Count 1 – Driving a Motor Vehicle While Under the Influence of Drugs, a misdemeanor, and Count 2 – Possession of Controlled Dangerous Substance, a misdemeanor. In Muskogee County District Court Case No. CF-2015-802 Appellant was charged with First Degree Burglary, a felony. And, in Muskogee County District Court Case No. CF-2016-184, Appellant was charged with Count 1 – Possession of Stolen Vehicle, a felony, Count 2 – Driving with License Cancelled/Suspended/Revoked, a misdemeanor, and Count 3 – Failure to Stop at Red Light, a misdemeanor. 1 Appellant entered pleas of guilty in all three cases on September 13, 2017, and entered the 15th Judicial District Drug Court Program. In Case No. CF-2015-802, if Appellant successfully completed the Drug Court program, the seven year sentence would be suspended and the charge amended to Burglary Second Degree. Case No. CF-2015-802 was ordered to run consecutive with CF-2016-184 and concurrent with CM-2015-149, with rules and conditions of probation. Appellant was fined $1,000.00 in CF-2015-802. In Case No. CF-2016-184, if successful, the five years imprisonment on Count 1 and one year in the County Jail on Count 2 would be suspended. He was fined $1,000.00 on Count 1, $100.00 on Count 2 and $50.00 on Count 3. The three counts in CF-2016-184 were ordered to run concurrent with each other but consecutive to Case No. CF-2015-802. In Case No. CM-2015-149, if successful, the balance of the one year sentence in the Muskogee County Jail would be suspended. The sentence was ordered to run concurrent with Case Nos. CF-2015-802 and CF-2016-184. The State filed an application to terminate Appellant from Drug Court in each case on October 3, 2017. Following a hearing on the State’s application on October 16, 2017, the Honorable Robin Adair, 2 Special Judge, sustained the State’s application in each case and terminated Appellant from the Drug Court Program. Case No. CM-2015-149 Appellant was sentenced to one year in the Muskogee County Jail. This sentence was ordered to run concurrent with Case Nos. CF-2015-802 and CF-2016-184. Case No. CF-2016-184 Appellant was sentenced to five years imprisonment on Count 1 and one year in the Muskogee County Jail on Count 2. He was fined $1,000.00 on Count 1, $100.00 on Count 2 and $50.00 on Count 3. All counts in CF-2016-184 were ordered to run concurrent and consecutive with sentence in CF-2015-802. Case No. CF-2015-802 Appellant was sentenced to seven years imprisonment and fined $1,000.00. Case No. CF-2015-802 was ordered to run consecutive with CF-2016-184 and concurrent with CM-2015-149. Appellant appeals from his termination from Drug Court. On appeal Appellant raises the following propositions of error:
1. Appellant’s Drug Court revocation was improper because Mr. Brown was revoked for previously sanctioned violations.
2. The District Court erred in terminating Appellant’s Drug Court participation.
3. Mr. Brown’s original aggregate sentence was impermissibly extended by the orders to lift stay of sentence issued by the District Court.
We affirm the trial court’s order to terminate Appellant from the 15th Judicial District Drug Court Program.
1. Appellant argues that an abuse of discretion occurred when the District Court terminated Appellant’s Drug Court participation based upon alleged violations for which he had already been sanctioned. Appellant did not object at the hearing that he could not be terminated because he had already been sanctioned for all of the violations set out in the State’s application. Thus, he has waived appellate review of the issue for all but plain error. To prevail under plain error review, Appellant must show: (1) the existence of an actual error; (2) that the error is plain or obvious; and (3) that the error affected his substantial rights, meaning the error affected the outcome of the proceeding. Hogan v. State, 2006 OK CR 19, I 38, 139 P.3d 907, 923. This Court will only correct plain error if the error seriously affects the fairness, integrity or public reputation of the judicial proceedings or otherwise represents a miscarriage of justice. Id. While the State’s application to terminate Appellant from Drug Court should have been more specific, Appellant has not shown error exists. No matter the lack of specificity, the trial court considered one unsanctioned violation, failure to timely report on September 15, 2017.
2. The decision to revoke or terminate from Drug Court lies within the discretion of the Drug Court judge. Hagar U. State, 1999 OK CR 35, I 11, 990 P.2d 894, 898. The record reflects Appellant had eight probation violations in twenty days. Appellant was terminated after application, notice and a hearing. He has not shown that his termination from the Drug Court program was an abuse of discretion.
3. The record does not support Petitioner’s argument that his original aggregate sentence was extended by the sentences imposed upon termination from the Drug Court program. The Drug Court contract states the two cases, CF-2015-802 and CF-2016-184, will run consecutively, but the three counts in CF-2016-184 will run concurrently. Case No. CM-2015-149 was ordered to run concurrent with Case Nos. CF-2015-802 and CF-2016-184. This claim is denied.
DECISION
The termination of Appellant from the Muskogee County Drug Court Program in District Court Case Nos. CM-2015-149, CF-2015-802 and CF-2016-184 is AFFIRMED. Pursuant to Rule 3.15, Rules 5 of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision.
AN APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY, THE HONORABLE ROBIN ADAIR, SPECIAL JUDGE
APPEARANCES ON DRUG COURT TERMINATION APPEAL HEARING
DAN MEDLOCK
620 W. BROADWAY
P. O. BOX 926
MUSKOGEE, OK 74401
COUNSEL FOR DEFENDANT
RICKI J. WALTERSCHEID
NORMAN, OKLAHOMA 73070
COUNSEL FOR APPELLANT
RYAN FERGUSON
ASST. DISTRICT ATTORNEY
MUSKOGEE CO. COURTHOUSE
MUSKOGEE, OK 74401
COUNSEL FOR THE STATE
MICHAEL J. HUNTER
ATTORNEY GENERAL OF OKLA.
KEELEY L. MILLER
ASST. ATTORNEY GENERAL
313 N.E. 21 st STREET
OKLAHOMA CITY, OK 73105
COUNSEL FOR THE STATE
OPINION BY: KUEHN, V.P.J.
LEWIS, P.J.: CONCUR
LUMPKIN, J.: CONCUR
HUDSON, J.: CONCUR
ROWLAND, J.: CONCUR
Footnotes:
- Okla. Stat. tit. 22 § 18
- Hogan v. State, 2006 OK CR 19, 38, 139 P.3d 907, 923
- Hagar v. State, 1999 OK CR 35, 11, 990 P.2d 894, 898
- Okla. Stat. tit. 22 § 18
Oklahoma Statutes citations:
No Oklahoma statutes found.
Oklahoma Administrative Rules citations:
No Oklahoma administrative rules found.
U.S. Code citations:
No US Code citations found.
Other citations:
No other rule citations found.
Case citations:
No case citations found.