Blog

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA JASON O’NEAL SIMS, ) ) NOT FOR PUBLICATION Appellant, ) VS. ) No. F-2017-911 ) THE STATE OF OKLAHOMA, ) FILED ) IN COURT OF CRIMINAL APPEALS Appellee. ) STATE OF OKLAHOMA APR – 4 2019 SUMMARY OPINION JOHN D. HADDEN CLERK HUDSON, JUDGE: On August 26, 2009, Appellant Sims, represented by counsel, entered guilty pleas to two counts of Second Degree Burglary in Beckham County Case Nos. CF-2009-194 and CF-2009-226. Sims was sentenced to twenty-one (21) years for each count, with all but the first eight (8) years suspended. The sentences were ordered to be served concurrently. On April 29, 2014, the State filed an Application to Revoke Sims’s suspended sentences alleging he committed the new offense of Possession of a Controlled Substance in the Presence of a Minor and Within 1000 feet of a School as charged in Beckham County Case No. CF-2014-186. On July 11, 2014, Sims entered a guilty plea in Case No. CF-2014- 186. Sentencing was deferred in all three cases pending Sims’s completion of the Beckham County Drug Court program. 1 On July 13, 2017, the State filed an Application to Terminate Sims from Drug Court alleging numerous Drug Court contract violations. On August 30, 2017, at the conclusion of the hearing on the State’s application, the Honorable Doug Haught, District Judge, terminated Sims’s Drug Court participation and sentenced him as specified in his plea agreement. From this judgment and sentence, Sims appeals, raising the following propositions of error: 1. The trial judge abused his discretion by failing to consider the adequacy of further disciplinary sanctions; and 2. The written judgments and sentences need to be corrected nunc pro tunc to reflect that Mr. Sims has been ordered to 1 Upon successful completion of Drug Court, Sims was to be sentenced as follows: Case Nos. CF-2009-194 and CF-2009-226: Dismissal of the April 29, 2014 Revocation Application with costs; Case No. CF-2014-186, eight (8) years, all suspended, with costs. The sentences in all three cases would be ordered to run concurrently. If Sims was terminated from Drug Court, he was to be sentenced as follows: Case Nos. CF-2009-194 and CF-2009-226: Revocation of the balance of the suspended sentences with costs; Case No. CF-2014-186, fifteen (15) years to do. The sentence in all three cases would be ordered to run concurrently. 2 serve 13 years on CF-2009-194 and CF-2009-226; Mr. Sims was not revoked in full. Sims’s termination from Drug Court participation is AFFIRMED. The request for issuance of an order nunc pro tunc is DISMISSED as MOOT. Prior to terminating a defendant from Drug Court, the District Court must find that the offender violated the terms and conditions of the plea agreement or performance contract, and that disciplinary sanctions have been insufficient to gain compliance. See 22 O.S.2011 § 471.7(E); Hagar U. State, 1999 OK CR 35, I 11, 990 P.2d 894, 898. The judge is to consider relapses and order increasing sanctions, “except when the offender’s conduct requires revocation from the program.” Id.; 22 O.S. § 471.7(E). Absent an abuse of discretion, this Court will not reverse a ruling of the District Court terminating a defendant from Drug Court. Hagar, id. Sims does not dispute that he violated the terms of his Drug Court contract. Instead he argues that Judge Haught should have considered further sanctions before terminating his Drug Court participation. As noted above, the trial court’s action in terminating a participant from Drug Court is reviewed for abuse of discretion. See 22 O.S.2011 § 3 471.7(E); Hagar, 1999 OK CR 35, I 11, 990 P.2d at 898. There is no evidence, and Sims presents none, that the court failed to consider his relapses, progressive sanctions, and the insufficiency of those sanctions. The record in this matter reveals during his three year Drug Court tenure, Sims was sanctioned no fewer than nine times and had completed only two phases of the required five phase program. Most of those sanctions were for continued, repetitive drug2 use. Based upon the record presented for review, we find no evidence that Judge Haught did not properly consider the imposition of additional sanctions prior to terminating Sims’s Drug Court participation, and find no abuse of discretion here. Sims alleges at proposition two that his judgments and sentences entered in Case Nos. CF-2009-194 and CF-2009-226 inaccurately reflected that those sentences were revoked in full, instead of stating that the remaining balances of the suspended sentences were revoked. In its response, the State attached copies of amended judgments and sentences filed in these two cases correcting the complained of error. We DISMISS proposition two as MOOT. 2 During his Drug Court term, Sims tested positive for or admitted using methamphetamine, THC, alcohol, Soma, marijuana, Norco (hydrocodone), Kratom and Suboxone. 4 DECISION The order of the District Court of Beckham County terminating Appellant from Drug Court in Case Nos. CF-2009-194, CF-2009-226 and CF-2014-186 are AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. AN APPEAL FROM THE DISTRICT COURT OF BECKHAM COUNTY THE HONORABLE DOUG HAUGHT, DISTRICT JUDGE APPEARANCES AT TRIAL APPEARANCES ON APPEAL RICHARD YOHN LISBETH L. MCCARTY P.O. BOX 1494 APPELLATE DEFENSE COUNSEL CLINTON, OK 73601 P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT COUNSEL FOR APPELLANT LYNN LAWRENCE MIKE HUNTER ASST. DISTRICT ATTORNEY ATTORNEY GENERAL OF BECKHAM CTY. COURTHOUSE OKLAHOMA SAYRE, OK 73662 THEODORE M. PEEPER ASSISTANT ATTORNEY GENERAL 313 N.W. 21 st STREET OKLAHOMA CITY, OK 73105 COUNSEL FOR THE STATE COUNSEL FOR THE STATE 5 OPINION BY: HUDSON, J. LEWIS, P.J.: CONCUR KUEHN, V.P.J.: CONCUR LUMPKIN, J.: CONCUR ROWLAND, J.: CONCUR RA/F 6

Click Here To Download PDF