Michelle Marie Mesplay v The State Of Oklahoma

RE-2019-155

Filed: Feb. 13, 2020

Not for publication

Prevailing Party: The State Of Oklahoma

Summary

# Michelle Marie Mesplay appealed her conviction for Child Neglect. Conviction and sentence were affirmed as seven and a half years of her ten-year suspended sentence were revoked. None dissented.

Decision

The revocation of Appellant's suspended sentences in Ottawa County District Court Case No. CF-2015-134 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2020), the MANDATE is ORDERED issued upon the filing of this decision.

Issues

• was there an abuse of discretion in the revocation of Appellant's suspended sentence?
• did the trial court possess adequate evidence to justify the revocation of Appellant's suspended sentence?
• was the decision to revoke the suspended sentence within the sound discretion of the trial court?

Findings

• The court did not err in revoking Appellant's suspended sentence.
• The evidence was sufficient to support the revocation of Appellant's suspended sentence.
• The trial court did not abuse its discretion in revoking seven and a half years of Appellant's suspended sentence.

RE-2019-155

Feb. 13, 2020

Michelle Marie Mesplay

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

HUDSON, JUDGE: Appellant appeals from the revocation of her suspended sentences in Ottawa County District Court Case No. CF-2015-134. Appellant, by and through counsel, entered a plea of no contest on October 2, 2015, to Child Neglect, in violation of 21 O.S.Supp.2014, § 843.5(C) in Case No. CF-2015-134. The trial court accepted Appellant’s plea, withheld a finding of guilt, and delayed proceedings for a period of ten years. On December 23, 2016, the State filed an Application to Accelerate Deferred Judgment. Appellant stipulated to the application and the trial court accelerated Appellant’s deferred sentence to a conviction and sentenced Appellant to ten years imprisonment, with all ten years suspended.

On May 3, 2018, the State filed a Motion to Revoke Suspended Sentence alleging Appellant failed to pay supervision fees, failed to pay court costs, repeatedly used methamphetamine, repeatedly failed to report, and that Appellant’s current whereabouts were unknown. Appellant stipulated to the motion to revoke and the Honorable Robert Haney, District Judge, revoked seven and a half years of Appellant’s remaining ten-year suspended sentence.

In her sole proposition, Appellant maintains this revocation order was excessive and claims it should be modified. She argues revocation of seven and a half years was an abuse of discretion. Appellant’s claims are without merit. “A suspended sentence is a matter of grace.” Demry v. State, 1999 OK CR 31, ¶ 12, 986 P.2d 1145, 1147. The State must only prove one violation of probation in order to revoke Appellant’s suspended sentence in full. Tilden v. State, 2013 OK CR 10, ¶ 10, 306 P.3d 554, 557 (citing McQueen v. State, 1987 OK CR 162, ¶ 2, 740 P.2d 744, 745). Here Appellant stipulated she violated the rules and conditions of her suspended sentence.

The decision to revoke a suspended sentence in whole or in part is within the sound discretion of the trial court and such decision will not be disturbed absent an abuse thereof. Jones v. State, 1988 OK CR 20, ¶ 8, 749 P.2d 563, 565. In this case, the State filed a petition setting forth the grounds for the revocation and competent evidence justifying the revocation was presented to the trial court. 22 O.S.Supp.2018, § 991b(A). Appellant has not shown an abuse of discretion. Jones, 1988 OK CR 20, ¶ 8, 749 P.2d at 565.

DECISION

The revocation of Appellant’s suspended sentences in Ottawa County District Court Case No. CF-2015-134 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2020), the MANDATE is ORDERED issued upon the filing of this decision.

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Footnotes:

1. 21 O.S.Supp.2014, § 843.5(C)
2. Demry v. State, 1999 OK CR 31, I 12, 986 P.2d 1145, 1147
3. Tilden v. State, 2013 OK CR 10, I 10, 306 P.3d 554, 557
4. McQueen v. State, 1987 OK CR 162, I 2, 740 P.2d 744, 745
5. Jones v. State, 1988 OK CR 20, I 8, 749 P.2d 563, 565
6. 22 O.S.Supp.2018, § 991b(A)
7. Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2020)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 843.5(C) - Child Neglect
• Okla. Stat. tit. 22 § 991b(A) - 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:

• Demry v. State, 1999 OK CR 31, I 12, 986 P.2d 1145, 1147
• Tilden v. State, 2013 OK CR 10, I 10, 306 P.3d 554, 557
• McQueen v. State, 1987 OK CR 162, I 2, 740 P.2d 744, 745
• Jones v. State, 1988 OK CR 20, I 8, 749 P.2d 563, 565