Jose Santiago Hernandez v The State Of Oklahoma

F-2018-691

Filed: Dec. 19, 2019

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

Jose Santiago Hernandez appealed his conviction for robbery with a firearm and conspiracy to commit a felony. His conviction and sentence were upheld, revoking his suspended sentences. Judge Hudson dissented.

Decision

The revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2016-4761 is 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 filing of this decision.

Issues

• Was there sufficient competent evidence to prove Appellant committed perjury?
• Did the revocation of Appellant's suspended sentences violate the Due Process Clause of the Federal and State Constitutions?
• Was the standard of proof for the violations of the conditions of a suspended sentence appropriately set at preponderance of the evidence?
• Did the trial court abuse its discretion in revoking Appellant's suspended sentences?

Findings

• The court affirmed the order of the District Court revoking Appellant's suspended sentences.
• The evidence was sufficient to support the revocation of Appellant's suspended sentences.
• The State met its burden of proof by a preponderance of the evidence.
• Appellant did not demonstrate an abuse of discretion by the trial court.

F-2018-691

Dec. 19, 2019

Jose Santiago Hernandez

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

LUMPKIN, JUDGE: Jose Santiago Hernandez, Appellant, entered a plea of guilty on January 4, 2017, to the amended charges of Counts 1 and 2, Robbery with a Firearm, and Count 5 – Conspiracy to Commit a Felony in Oklahoma County District Court Case No. CF-2016-4761. He was sentenced to ten years on each count with all except the first five years suspended, with rules and conditions of probation. All counts were ordered to run concurrently with each other and with Oklahoma County Case Nos. CF-2013-6543 and CF-2013-6647.

The State filed an application to revoke Appellant’s suspended sentences on July 25, 2018, alleging Appellant committed the new crime of perjury on March 14, 2018, by lying to prosecutors and the trial court when giving statements and/or testimony about the involvement of his co-defendant, Antonio Taylor, in the robbery occurring on June 1, 2016. Following a revocation hearing on December 19, 2018, before the Honorable Bill Graves, District Judge, Appellant’s suspended sentences were revoked in full. Judge Graves found Appellant did not tell the truth and sustained the State’s application.

Appellant appeals the revocation of his suspended sentence. On appeal Appellant argues the sole proposition of error that the State failed to present sufficient competent evidence to prove Appellant committed perjury in violation of the Due Process Clause of the Federal and State Constitutions.

We affirm the order of the District Court revoking Appellant’s suspended sentences. Violations of the conditions of a suspended sentence need only be shown by a preponderance of the evidence. Tilden v. State, 2013 OK CR 10, ¶ 5, 306 P.3d 554, 556. Preponderance of the evidence has been defined to mean simply the greater weight of evidence – that which, to the mind of the trier of fact or the seeker of the truth, seems most convincing and more probably true. Henderson v. State, 1977 OK CR 238, ¶ 4, 568 P.2d 297, 297-298. A preponderance of the evidence supports Judge Graves’ ruling. Appellant has not shown an abuse of discretion.

DECISION

The revocation of Appellant’s suspended sentences in Oklahoma County District Court Case Nos. CF-2016-4761 is 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 filing of this decision.

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Footnotes:

1. Tilden U. State, 2013 OK CR 10, I 5, 306 P.3d 554, 556.
2. Henderson U. State, 1977 OK CR 238, I 4, 568 P.2d 297, 297-298.

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.8 (2011) - Definitions and penalties for the crime of perjury
• Okla. Stat. tit. 22 § 18 (2019) - Rules of criminal procedure
• Okla. Stat. tit. 22 § 305 (2011) - Revocation of suspended sentence

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:

• Tilden v. State, 2013 OK CR 10, I 5, 306 P.3d 554, 556.
• Henderson v. State, 1977 OK CR 238, I 4, 568 P.2d 297, 297-298.