Abuse of Discretion

F 2018-0812

  • Post author:
  • Post category:F

In the Court of Criminal Appeals of the State of Oklahoma, the case of Cesar Jurado is summarized as follows: **Background:** Cesar Jurado pled guilty in multiple cases in December 2015, including felonies for Possession of a Controlled Dangerous Substance With Intent to Distribute, among other charges. After completing a Delayed Sentencing Program for Youthful Offenders, his sentences were deferred until June 14, 2026. **Acceleration of Sentences:** In January 2018, the State sought to accelerate Jurado's deferred sentences, claiming he committed new crimes, including Murder in the First Degree and Assault with a Deadly Weapon. Following a hearing in July 2018, Jurado's deferred sentences were accelerated, resulting in life imprisonment on several counts, which were to run concurrently. **Appeal:** Jurado appealed the trial court's decision to accelerate his sentences, arguing that it was an abuse of discretion based on the uncorroborated testimony of an unreliable witness, who did not provide in-person testimony. **Court's Decision:** The appellate court affirmed the ruling of the lower court, finding no abuse of discretion in allowing the State to introduce the transcript of a preliminary hearing as evidence. The court noted that the Appellant's counsel had the opportunity to confront and cross-examine witnesses during the preliminary hearing. The standard of proof for violations of deferred sentences is a preponderance of the evidence, and the trial court has discretion in such matters. **Conclusion:** The Court of Criminal Appeals affirmed the acceleration of Jurado's deferred sentences, concluding that the trial court acted within its discretion based on the evidence presented. **Mandate:** The mandate for this decision is to be issued upon the filing of this opinion. **Opinion by:** Judge Hudson, with Judges Lewis and Kuehn concurring, and Judge Rowland recused. For more detailed information, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-610_1735310684.pdf).

Continue ReadingF 2018-0812

F-2018-552

  • Post author:
  • Post category:F

In the Court of Criminal Appeals of the State of Oklahoma, Tommy Lynn Berry appealed the termination of his participation in Drug Court after admitting to violations. The court reviewed Berry's claims and ultimately affirmed the termination. 1. **Involuntary Stipulation**: Berry argued that his stipulation to the allegations was involuntary and that the trial court erred by accepting it without meeting the standard for a guilty plea. However, the court found that no legal precedent required the same standards for stipulations in Drug Court as for guilty pleas. The court established that Berry was aware of the consequences of his stipulation, which was made in exchange for the dismissal of additional charges. 2. **Abuse of Discretion in Termination**: Berry contended that the trial court should have imposed progressively increasing sanctions before terminating him. The court clarified that while graduated sanctions are generally preferred, the statute also allows for immediate termination if warranted. Since Berry had committed new offenses while participating in the program, the court found no abuse of discretion in his termination. 3. **Ineffective Assistance of Counsel**: Berry claimed he did not receive effective representation. The appellate court utilized the Strickland standard to evaluate this claim, requiring proof of both deficient performance and resulting prejudice. The court noted that Berry's counsel had negotiated a favorable outcome—dismissing the new drug charges—thereby showing that the counsel's actions were reasonable and resulted in no detriment to Berry. Ultimately, the court concluded that Berry's termination from Drug Court was justified and affirmed the lower court's decision.

Continue ReadingF-2018-552

F-2018-241

  • Post author:
  • Post category:F

In OCCA case No. F-2018-241, Mario Darrington appealed his conviction for Trafficking in Illegal Drugs (Marijuana and Methamphetamine) and related drug charges. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Darrington was arrested after police executed a search warrant at a home in Tulsa. Officers found a large quantity of marijuana and methamphetamine in the house. Darrington was linked to this evidence through various items found at the scene, including drugs located in a suit pocket with his name on prescription bottles and documents. He was charged with trafficking and other felonies due to having a prior criminal record. During his trial, Darrington requested that evidence obtained from the search be suppressed, arguing that the search warrant was not valid. He believed that the warrant did not show enough information to justify the search. The court reviewed his claim and determined that the affidavit supporting the search warrant provided sufficient evidence for a judge to find probable cause. The police officer had personal observations and corroborated information that indicated illegal drug activity was happening at the residence. The court also found that the timing of the information was relevant and not too old to be dismissed. Additionally, Darrington sought to know the name of an unnamed informant who provided information to the police for the search. The court ruled that this informant was not a material witness, meaning their identity did not significantly affect Darrington's case. As a result, the court affirmed Darrington's conviction and upheld the district court's decisions regarding the suppression of the search evidence and the request for the informant's identity.

Continue ReadingF-2018-241

F 2018-0812

  • Post author:
  • Post category:F

In OCCA case No. F 2018-0812, Cesar Jurado appealed his conviction for various drug-related offenses and weapon possession. In an unpublished decision, the court decided to affirm the trial court's decision to accelerate Jurado's deferred sentences; he had previously entered guilty pleas to several felony charges. The State had applied to accelerate his deferred sentences based on new serious crimes he was alleged to have committed. Jurado argued that the evidence used to support this decision was based on unreliable testimony from a witness who did not appear in person. He claimed this was an abuse of discretion. The court found that the trial court acted within its rights and that there was enough evidence to support the acceleration of Jurado's sentences. It concluded that Jurado did not prove that there was any improper action taken by the trial court. Therefore, his appeal was denied, and the acceleration of his sentences was upheld. One justice dissented from this opinion.

Continue ReadingF 2018-0812

RE-2018-1039

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **FRANK REVILLA PAIZ, JR.,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. --- **Case No. RE-2018-1039** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 12 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** On January 4, 2017, Appellant Frank Revilla Paiz, Jr., represented by counsel, entered guilty pleas to multiple charges including Possession of CDS - Methamphetamine (Count 2), Unlawful Possession of Drug Paraphernalia (Count 4), Driving Without a Driver's License (Count 5), Failure to Maintain Insurance or Security (Count 6), and Failure to Pay Taxes Due to the State (Count 7) in Woodward County Case No. CF-2016-114. He received an eight-year sentence for Count 2 and a one-year sentence for Count 4, with all but the first year suspended, subject to probation conditions. Sentences were concurrent. On the same day, Paiz pleaded guilty in Woodward County Case No. CF-2016-117 to Possession of Controlled Dangerous Substance - Methamphetamine (Count 1) and Unlawful Possession of Drug Paraphernalia (Count 2), receiving similar sentences. On June 2, 2017, the State filed an Application to Revoke Paiz's suspended sentences in Cases CF-2016-114 and CF-2016-117, citing new charges for Possession of Controlled Dangerous Substance in Case No. CF-2017-142 and failure to pay court costs. Paiz pled guilty to the new offense, receiving a suspended sentence of ten years, contingent on completing a drug treatment program. The State filed another Application to Revoke on August 14, 2018, due to new charges of Carrying Weapons and violations of probation. Following a revocation hearing on September 28, 2018, Paiz stipulated to the allegations, leading to the revocation of approximately 2,495 days of suspended sentences by the District Court of Woodward County. Paiz appeals, arguing the revocation was excessive and constitutes an abuse of discretion. He cites that simple possession became a misdemeanor effective July 1, 2017, and criticizes the court for not exploring alternate sanctions. The scope of review in a revocation appeal focuses on the validity of the revocation order. This Court has held that even a single violation justifies revocation. Paiz admitted to multiple violations and new criminal activity, justifying the District Court's actions. **DECISION**: The revocation of Paiz's suspended sentences in Woodward County Case Nos. CF-2016-114, CF-2016-117, and CF-2017-142 is **AFFIRMED**. **Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF WOODWARD COUNTY, THE HONORABLE DON A. WORK, ASSOCIATE DISTRICT JUDGE** --- **APPEARANCES AT TRIAL:** **CURTIS BUSSETT, ATTORNEY AT LAW** P.O. BOX 1494 CLINTON, OK 73601 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL:** **CHAD JOHNSON** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **SUSAN K. MEINDERS** **MIKE HUNTER** ASST. DISTRICT ATTORNEY WOODWARD COUNTY 1600 MAIN STREET WOODWARD, OK 73801 **COUNSEL FOR THE STATE** **CAROLINE E.J. HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21 ST STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** **OPINION BY: ROWLAND, J.:** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1039_1734355896.pdf)

Continue ReadingRE-2018-1039

F-2018-892

  • Post author:
  • Post category:F

**Court of Criminal Appeals of Oklahoma** **Case Summary:** **Case Name:** David Andrew Sanders, Appellant, v. The State of Oklahoma, Appellee **Case Number:** F-2018-892 **Date Filed:** September 5, 2019 --- **Background:** David Andrew Sanders appeals the acceleration of his deferred sentencing resulting from finding evidence that he committed new offenses while on probation. On April 29, 2016, in **Case No. CF-2012-2326**, Appellant entered no contest pleas to Burglary in the First Degree and Pointing a Firearm at Another. In **Case No. CF-2016-1178**, he entered a guilty plea for Larceny of Merchandise from a Retailer. His sentencing was deferred for ten years (Burglary), five years (Firearm charge), and 30 days (Larceny). All sentences were to run concurrently. On November 28, 2017, the State filed an Application to Accelerate the Deferred Sentence, alleging new offenses. At a hearing on August 21, 2018, the court found sufficient evidence of new offenses: possession of a firearm while on probation, possession of a controlled dangerous substance, and possession of drug paraphernalia. **Facts of the Case:** On May 6, 2017, police found Sanders unconscious in an idling car with a handgun in his lap. During the arrest, officers discovered a glass pipe and methamphetamine in the car's console. Sanders argued that this evidence was the product of an unlawful search. **Legal Findings:** The district court ruled that the exclusionary rule did not apply to the acceleration proceeding, which is not akin to a full trial. The court found no evidence of egregious police misconduct. According to Oklahoma law (Richardson v. State), exclusion of evidence is only warranted in revocation hearings where there has been egregious misconduct. **Conclusion:** The Court of Criminal Appeals affirmed the district court's decision, finding no abuse of discretion. The discovery of the firearm, glass pipe, and methamphetamine did not violate Sanders' rights given the context of the proceedings. **Decision:** The order of the district court accelerating Sanders’ deferred judgment and sentencing is AFFIRMED. --- **Counsel on Appeal:** - For Appellant: Micah Sielert and Andrea Digilo Miller - For Appellee: Tiffany Noble, Mike Hunter, Tessa L. Henry **Opinion by:** Presiding Judge Lewis **Concurrences:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland --- For more details, you may [download the full PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-892_1735120506.pdf).

Continue ReadingF-2018-892

J 2019-0283

  • Post author:
  • Post category:J

In OCCA case No. J 2019-0283, D. J., III appealed his conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the order granting the imposition of an adult sentence. One judge dissented. D. J., III, who was born on November 1, 2000, faced serious charges after taking part in a hazing incident at school. The state wanted to try him as an adult, which is a significant step for a young person. This happened after a court decided that D. J. could not be helped enough through the juvenile system and that the public needed more protection. The court had a hearing on April 5, 2019, where the judge reviewed evidence and decided that D. J. should face adult charges. The main arguments in the case included whether the earlier ruling was correct and if it used the right laws to make its decision. D. J. argued that the state did not show strong enough evidence to justify moving him to adult court. When D. J. appealed, he claimed two main problems with how the trial was handled. First, he believed the state did not provide clear evidence for why he should be seen as an adult rather than a juvenile. Next, he said that the judge applied the wrong law when making the decision. However, the court found that the judge's decision was reasonable and based on the facts presented during the hearing. The court stated that judges have the right to decide which witnesses to believe and how to weigh their testimonies. The judges on the court agreed that even though there was a mistake in mentioning the wrong law, this did not harm D. J.'s case because both laws were similar. The important aspects of the case were clear, and ultimately, D. J. was seen as not being able to complete rehabilitation in the juvenile system. In the dissenting opinion, the judge expressed concern that the law limits how long juveniles can be kept under the juvenile system, and this may not allow for fair treatment when they are close to being adults. The dissenting judge felt that D. J. still had the potential for rehabilitation and disagreed with moving him to adult court. In summary, the court decided to uphold the decision to treat D. J. as an adult following the state's appeal, while one judge thought this decision should be reconsidered, suggesting changes to juvenile sentencing laws to allow more flexibility for young offenders.

Continue ReadingJ 2019-0283

RE-2018-662

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **RYAN MITCHELL CRONIC,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-662** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA AUG 29 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Ryan Mitchell Cronic, pleaded guilty to three felony counts of Concealing Stolen Property in Oklahoma County District Court Case No. CF-2013-2184. He was sentenced to five years suspended on each count and was ordered to pay restitution. Additionally, he pleaded guilty to one felony count of Concealing Stolen Property in Oklahoma County District Court Case No. CF-2015-580, which resulted in a five-year imprisonment sentence, also suspended in full and ordered to run concurrently with Case No. CF-2013-2184, with credit for time served. The State filed an Application to Revoke Suspended Sentence for each case, alleging Appellant failed to pay supervision fees and restitution. Appellant stipulated to these allegations and received a sentence of thirty days in the custody of the Oklahoma County Sheriff. The applications to revoke were later dismissed by the State's motion. A second Application to Revoke Suspended Sentence was filed alleging that Appellant again failed to pay supervision fees and restitution, as well as including new charges: Aggravated Attempting to Elude a Police Officer, Driving While Revoked, and Failure to Provide Proof of Security Verification. After a hearing, the Honorable Timothy R. Henderson, District Judge, ordered Appellant's suspended sentences revoked in full. Appellant appeals this revocation, claiming it was an abuse of discretion. We affirm the order of the District Court regarding the revocation of Appellant's suspended sentences. The decision to revoke suspended sentences lies within the trial court's discretion and will not be disturbed unless there is an abuse. An abuse of discretion is described by this Court as a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented. Appellant has not demonstrated an abuse of discretion in the present case. However, there is a discrepancy in the record regarding Appellant's sentences. The Judgment and Sentence for both cases states Appellant was given a ten-year suspended sentence, while all other documents refer to a suspended sentence of five years. Consequently, we remand this matter to the District Court to address this inconsistency. **DECISION** The District Court's revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2013-2184 and CF-2015-580 is **AFFIRMED**, but the case is **REMANDED** to the District Court for further proceedings consistent with this Opinion. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the **MANDATE is ORDERED** to be issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE TIMOTHY R. HENDERSON, DISTRICT JUDGE** **APPEARANCES AT APPEAL REVOCATION HEARING** **RICHARD HULL** **COUNSEL FOR DEFENDANT** **HALLIE E. BOVOS** **611 COUNTY OFFICE BLDG.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KELLY COLLINS** **OKLAHOMA COUNTY DISTRICT ATTORNEY** **MIKE HUNTER** **ATTORNEY GENERAL OF OKLA.** **COUNSEL FOR THE STATE** **OPINION BY:** KUEHN, V.P.J.: **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR**

Continue ReadingRE-2018-662

RE-2018-657

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRANDON LEE SHARP,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-657** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **AUG 29 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Brandon Lee Sharp appeals the revocation of his suspended sentences from the Delaware County District Court in Case Nos. CF-2012-441, CF-2013-145, and CF-2014-152. ### Background On October 8, 2013, Appellant pled guilty to Possession of a Firearm (21 O.S.2011, § 1283) and Bail Jumping (59 O.S.2011, § 1335), receiving a ten-year concurrent sentence in each case, suspended in full. On May 6, 2014, he faced new charges, including Endeavoring to Manufacture Methamphetamine, triggering petitions to revoke his suspended sentences based on these new allegations. He pled guilty to the new charges and stipulated to the petitions to revoke the earlier sentences, resulting in a life sentence in Case No. CF-2014-152, with the first 15 years suspended. After completing the Keys to Life Program, Appellant was released on February 4, 2016. However, on November 3, 2017, the State filed a second amended motion to revoke his suspended sentences based on new charges of Kidnapping and Escape from Arrest or Detention in Case No. CF-2017-330A, alongside allegations of failing to report to his probation officer. ### Issues on Appeal 1. **Multiple Violations**: Appellant argues the State did not prove specific claims regarding restitution and DA fees. However, only one violation needs to be established to revoke a suspended sentence. The State successfully proved multiple unrelated violations in the petition to revoke, so this argument is meritless. 2. **Notice of Violations**: Appellant contends that revocation for obstructing officers was inappropriate since it was not included in the initial petition. Nonetheless, obstructing was deemed a lesser included charge of the alleged Escape from Arrest or Detention, thus establishing adequate grounds for revocation. 3. **Timeliness of Revocation Hearing**: Appellant claims a violation of the 20-day rule for revocation hearings as stipulated by 22 O.S.Supp.2016, § 991b(A). However, the record indicates that he acquiesced to continuances within the 20-day window and agreed to postpone the hearing multiple times with counsel. ### Conclusion The trial court possessed the discretion to revoke Appellant’s suspended sentences, and no abuse of discretion is found considering the established violations. Therefore, the decision to revoke Appellant's suspended sentences in Case Nos. CF-2012-441, CF-2013-145, and CF-2014-152 is hereby **AFFIRMED**. ### Issuance of Mandate Pursuant to Rule 3.15, the MANDATE will be issued upon the delivery and filing of this decision. **APPEARANCES:** - **FOR APPELLANT**: Kathy Baker, Grove, OK - **FOR APPELLEE**: Nicholas Lelecas, Assistant District Attorney; Mike Hunter, Attorney General of Oklahoma. **OPINION BY**: ROWLAND, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-657_1734426402.pdf)**

Continue ReadingRE-2018-657

F-2018-852

  • Post author:
  • Post category:F

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Donald Ray Morrow. The key points of the opinion are as follows: 1. **Case Background**: Donald Ray Morrow was convicted by a jury of first-degree burglary, second-degree burglary, and larceny of an automobile in Custer County. He received a concurrent sentencing of fifteen years for the first-degree burglary, four years for the second-degree burglary, and six years for larceny. 2. **Propositions of Error**: Morrow raised two main arguments on appeal: - **Proposition One**: He claimed the trial court erred by allowing a juror who had a social acquaintance with a prosecution witness to remain on the panel. Upon examination, the juror stated that she could set aside any prior knowledge and decide based solely on the evidence presented. The court found no actual bias or harm and denied the request for a mistrial. - **Proposition Two**: Morrow argued that his sentence did not properly reflect credit for time served. The court agreed that an order was necessary to ensure that the credit for time served is accurately recorded in the judgment. 3. **Decision**: The Court of Criminal Appeals affirmed Morrow's convictions but remanded the case to the trial court with instructions to correct the judgment to reflect that he is to receive credit for time served. 4. **Outcome**: The mandate was ordered to be issued upon the filing of the decision, and all participating judges concurred with the opinion. For those interested in the full legal document, a link to download the complete opinion in PDF format is provided.

Continue ReadingF-2018-852

F-2018-502

  • Post author:
  • Post category:F

In OCCA case No. F-2018-502, Randall Patrick Molloy appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm Molloy's conviction. One justice dissented. Molloy was found guilty by a jury in Tulsa County for hurting a child, which is a serious crime. The jury decided he should go to prison for sixteen years and pay a fine of $5,000. However, the judge agreed to lessen his sentence by taking away three years, meaning he would only have to serve thirteen years in prison. Molloy raised two main problems with his trial. First, he argued that he didn't get a fair trial because the state didn't share an agreement with a co-defendant that might have helped his case. Second, he felt that instructions given to the jury were confusing and didn't help them understand the facts related to the co-defendant's earlier statements. The court reviewed all the evidence and listened to the arguments from both sides. They pointed out that for Molloy to get a new trial based on not receiving a fair trial, he had to show that there was a clear mistake that changed how the trial turned out. Ultimately, they found that there were no clear mistakes or errors in the trial. The court noted that the information about the co-defendant was known to Molloy's lawyer during the trial, and therefore, it did not affect the outcome negatively. Regarding the jury instructions, the court also concluded that those instructions did not clearly cause any problems that could change the trial's result. The jury had enough information to make a fair decision about Molloy's guilt based on the evidence presented. In summary, because the court found that there were no serious mistakes during the trial, they decided to uphold the original decision made against Molloy.

Continue ReadingF-2018-502

F-2018-294

  • Post author:
  • Post category:F

In OCCA case No. F-2018-294, Alen Dean O'Bryant appealed his conviction for sexual abuse of a child. In an unpublished decision, the court decided to affirm the conviction and sentence. One member dissented. Alen Dean O'Bryant was found guilty by a jury on multiple counts of sexually abusing a child. The jury decided to give him a life sentence for each count along with fines. The court confirmed these sentences would be served one after another and counted his time spent in jail. O'Bryant argued several points in his appeal. He said he did not get good help from his lawyer, which he believed hurt his case. He also felt that the court made mistakes by letting in certain evidence and testimonies, claiming some of it shouldn’t have been allowed. He said the prosecution was unfair and called him a liar during the trial. O'Bryant even argued that a law allowing children's hearsay statements in court was against the Constitution. When looking at his first point about his lawyer not being effective, the court checked to see if his lawyer had fallen short of what was required in professional conduct. The court found that the lawyer's actions were indeed within acceptable standards. No new hearing was needed on this point. For the second point, O'Bryant argued that the court wrongly allowed hearsay evidence. The court found that the trial judge had the right to admit this evidence and did not make a mistake in doing so. In his third point, he claimed that witness testimonies wrongly supported the victim's credibility. However, because he did not object at the time during the trial, the court reviewed merely for obvious mistakes and found no error. O'Bryant claimed next that the prosecutor had acted improperly by suggesting the victim was truthful while labeling him a liar. The court discovered that the prosecutor’s comments were reasonable and a response to the defense's arguments, ruling that there was no significant error. O'Bryant also argued that the law that allowed children's hearsay statements was unconstitutional. The court noted that it had already ruled this law was constitutional in earlier cases and saw no reason to look at it again. Finally, O'Bryant stated that all the mistakes taken together meant he did not get a fair trial and that he should be given a new trial. However, since the court found no individual errors that affected him significantly, they also ruled out the idea of cumulative errors. The court ultimately decided to uphold O'Bryant's conviction and denied his request for a hearing about his lawyer’s performance. The opinion was finalized, and the decision was ordered.

Continue ReadingF-2018-294

F-2018-84

  • Post author:
  • Post category:F

In OCCA case No. F-2018-84, #1 appealed his conviction for #2 driving a motor vehicle while under the influence of alcohol. In a (published) decision, the court decided #3 to affirm the trial court's order to terminate #1 from the Drug Court Program. #n issued a dissenting opinion. Summary: Carl David Wagnon was charged in 2015 with a serious crime for driving under the influence of alcohol after having previous felony convictions. He pleaded guilty and entered a Drug Court program, which was part of an agreement that allowed him to avoid a long prison sentence if he was successful. However, in 2017, he was accused of a new crime, which led to a hearing where the court decided to remove him from the Drug Court program. Wagnon argued that his removal was unfair for several reasons. He claimed that the court relied too much on secondhand information and did not give him a chance to challenge the evidence against him. He also said that his removal was based on a crime that was not formally charged and that he did not receive enough warnings or chances to correct his behavior before being expelled from the program. Lastly, he believed that the court did not clearly explain why he was being removed. The court looked at these arguments but found that Wagnon was treated fairly and that the decision to terminate him from the Drug Court program was appropriate. They stated that the judge had the right to make this decision and had done so correctly, so they upheld the lower court's ruling. The case was affirmed and Wagnon was sentenced to twenty years in prison.

Continue ReadingF-2018-84

F-2018-77

  • Post author:
  • Post category:F

In OCCA case No. F-2018-77, Jose M. Diaz appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm Diaz's conviction and sentence. One judge dissented. The case began when Diaz was tried by a jury in Tulsa County. The jury found him guilty of the crime and recommended he spend thirty years in prison. The trial was overseen by a district judge, who followed the jury's recommendation for sentencing. Three main points were raised by Diaz in his appeal. First, he argued that the court made a mistake by allowing certain testimony from victims' family members, which he believed unfairly impacted the jury's feelings about the case. Second, he claimed that the prosecutors made improper statements during their closing arguments that harmed his right to a fair trial. Lastly, he argued that the issues combined created a situation where he could not receive a fair trial. The court looked carefully at all the evidence from the trial and the records of the case. For the first point about the victim's family's testimony, the court decided that it was relevant to the case. It helped the jury understand the seriousness of the injuries suffered by the victim, which connected to the nature of the crime. The court found no mistake in allowing that testimony. In the second point about the prosecutor's comments during closing arguments, Diaz did not object to some of the comments during the first closing statement, which limited his ability to challenge them later. The court noted that most of what the prosecutor said was based on evidence presented during the trial. Although one comment about the victim not being able to have children was deemed inappropriate, the overall context did not make the trial unfair. For the last point on cumulative error, the court stated that there were no significant mistakes to consider together that would change the outcome of the trial. Ultimately, the court decided that Diaz received a fair trial and did not find any major errors in the way the trial was conducted. As a result, they upheld the original judgment and sentence given to him.

Continue ReadingF-2018-77

C-2018-1119

  • Post author:
  • Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON MARCUS SHORES,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-1119** **SUMMARY OPINION DENYING CERTIORARI** **ROWLAND, JUDGE:** Petitioner Aaron Marcus Shores entered a negotiated plea of no contest in the District Court of LeFlore County to resolve his felony and misdemeanor charges in three cases. The charges included: 1. **Case No. CF-2018-239:** Failure to Notify Address Change of Sex Offender (felony). 2. **Case No. CM-2018-371:** Unlawful Possession of a Controlled Dangerous Substance (misdemeanor). 3. **Case No. CM-2018-373:** Malicious Injury to Property Under $1,000.00 (misdemeanor). Pursuant to the plea agreement, one count of Obstructing an Officer and one count of Unlawful Possession of Drug Paraphernalia were dismissed by the State. Judge Marion Fry subsequently sentenced Shores to four years of imprisonment on the felony count and one year in the county jail for each misdemeanor count, with all sentences running concurrently. He was also ordered one year of post-imprisonment supervision and awarded credit for time served. Shores filed a pro se motion to withdraw his plea, which was denied after a hearing. He appeals this denial, claiming: 1. The district court erred in denying his motion to withdraw his plea as he did not receive the benefits of his plea bargain. 2. He received ineffective assistance of counsel. **1. Denial of Motion to Withdraw Plea** Shores argues he did not receive the promised benefits of his plea bargain. The court evaluated this claim against the standard set forth in *Couch v. State*, noting that promises made in plea agreements must be fulfilled. While Shores did not specifically raise his current argument in his initial motion to withdraw, it was discussed during the evidentiary hearing. The appellate court reviews the denial for abuse of discretion and affirmatively holds that Shores received the benefits of his plea agreement. The district court's order confirmed that Shores's Oklahoma sentences would run concurrently with his sentences from Arkansas, fulfilling the terms agreed upon during the plea process. **2. Ineffective Assistance of Counsel** Shores claims ineffective assistance from conflict counsel, who allegedly failed to preserve his claim regarding the benefits of the plea agreement. To prevail on such a claim, Shores must demonstrate that he was prejudiced by counsel's performance. The court found that conflict counsel adequately raised Shores's concerns at the withdrawal hearing, effectively preserving the issue for appeal. Therefore, Shores could not establish that his counsel's performance resulted in any prejudice. **CONCLUSION** The Petition for a Writ of Certiorari is DENIED. The district court’s denial of Petitioner’s motion to withdraw plea is AFFIRMED. **MANDATE ordered to be issued upon the delivery and filing of this decision.** **Appearances:** - Doug Schmuck, Appellate Defense Counsel, for Petitioner. - Matt McBee, Counsel for Withdraw Motion. - Kevin Merritt and Margaret Nicholson, Assistant District Attorneys for the State. --- This summary is designed for clarity and understanding without retaining excessive legal jargon, while accurately reflecting the decisions and arguments presented in the original case summary.

Continue ReadingC-2018-1119

RE-2018-858

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JEREMY LANCE LABBY,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-858** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **AUG 15, 2019** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant Jeremy Lance Labby appeals from the revocation of his suspended sentence in Cherokee County District Court Case No. CF-2015-149. Labby was originally charged with Unauthorized Use of a Motor Vehicle, in violation of 47 O.S.2011, § 4-102. On December 15, 2016, Labby entered a plea of no contest and was sentenced to three years imprisonment, with all three years suspended. On June 20, 2018, the State filed a 2nd Amended Motion to Revoke Suspended Sentence, alleging multiple violations of probation, including new crimes related to two counts of Assault and Battery on a Police Officer, Theft of Property in Benton County, Arkansas, and First Degree Burglary and Resisting Arrest in Cherokee County. Following a revocation hearing, Special Judge Gary Huggins revoked Labby's suspended sentence in full. In his sole proposition, Labby contends that the revocation of his suspended sentence was excessive and represents an abuse of discretion. He argues that despite his limited intellect and efforts to comply with probation requirements—such as being current on probation fees and meeting with probation officers—Judge Huggins’s decision to revoke his sentence in full was unwarranted. The Court finds Labby’s claims to be without merit. A suspended sentence is a matter of grace, and the State needs to establish only one violation of probation to revoke a suspended sentence in its entirety. The State successfully demonstrated that Labby committed multiple violations, including new felony offenses, while on probation. The determination to revoke a suspended sentence, either in whole or in part, rests within the trial court’s sound discretion, and such decisions are not to be disturbed absent a clear abuse of that discretion. Although it is noted that Judge Huggins had the option to impose a lesser penalty, his discretion to choose full revocation is justified by the evidence presented, which established significant violations by Labby. **DECISION** The Court affirms the revocation of Appellant's suspended sentence in Cherokee County District Court Case No. CF-2015-149. Pursuant to Rule 3.15 of the 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. **AN APPEAL FROM THE DISTRICT COURT OF CHEROKEE COUNTY, THE HONORABLE GARY HUGGINS, SPECIAL JUDGE** **APPEARANCES AT REVOCATION** **CRYSTAL JACKSON** Counsel for Defendant 239 W. Keetoowah Tahlequah, OK 74464 **MARK HOOVER** Counsel for Appellant P.O. Box 926 Norman, OK 73070 **CODY BOWLIN** Counsel for State ASST. DISTRICT ATTORNEY 213 W. Delaware Tahlequah, OK 74464 **MIKE HUNTER** Counsel for Appellee OKLA. ATTORNEY GENERAL 313 N.E. 21st Street Oklahoma City, OK 73105 **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **RA/F** *Click Here To Download PDF*

Continue ReadingRE-2018-858

RE-2018-611

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHAZEL STEEL,** Appellant, v. **STATE OF OKLAHOMA,** Appellee. **No. RE-2018-611** **FILED IN COURT OF CRIMINAL APPEALS, STATE OF OKLAHOMA AUG 15 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** On June 6, 2015, Appellant, Shazel Steel, pled guilty in three separate cases in Tulsa County. The details of these cases are summarized as follows: 1. **Case CF-2015-1948**: Appellant was convicted of Robbery in the First Degree and sentenced to twenty years imprisonment and fined $500.00. 2. **Case CF-2015-2091**: Appellant was convicted on Count 1 of Robbery with a Firearm and Count 2 of Burglary in the First Degree, receiving a twenty-year sentence and a fine of $100.00 for each count. (Count 3 was dismissed). 3. **Case CF-2015-2152**: For Count 1 (Robbery with a Firearm) and Count 2 (Kidnapping), Appellant received a twenty-year sentence each, while Count 3 (Assault with a Dangerous Weapon) led to a ten-year sentence and a fine of $100.00. (Count 4 was dismissed). All sentences were set to run concurrently, with a two-year judicial review period established. During the Judicial Review proceeding on June 5, 2017, Appellant's sentences were modified to be suspended in full. However, the State subsequently filed applications to revoke these suspended sentences based on allegations of violations related to ongoing criminal activity and non-compliance with probation conditions. The revocation hearing revealed that Appellant was in possession of a firearm while driving without a license, which was a violation of probation Rule #7 that prohibited being in a vehicle where firearms are located. Multiple other violations related to probation were also noted, leading to the revocation of Appellant's suspended sentences in full by the Honorable James M. Caputo. On appeal, Appellant challenges the revocation on the following grounds: 1. The evidence was insufficient to establish that he knowingly and willfully possessed a firearm. 2. The District Court abused its discretion in revoking the entire sentence. The Court addressed these propositions: **I.** The standard for revocation is whether the trial court abused its discretion. Given the evidence from Officer Terwilliger indicating that a loaded firearm was found in a car Appellant was operating, the Court deemed that the evidence sufficiently supported the revocation of the suspended sentences. **II.** As for the claim of abuse of discretion, the trial court’s decision to revoke the full suspended sentence was found to be reasonable given the multiple violations of probation. Thus, the Court affirmed the order granting the State's applications for revocation of the suspended sentences in all three Tulsa County District Court Cases. **DECISION:** The order revoking Appellant's suspended sentences is **AFFIRMED**. **APPEARANCES:** - **At Trial**: Kayla Cannon, Assistant Public Defender for Appellant; Sean Waters, Assistant District Attorney for the State. - **On Appeal**: Nicole Herron, Counsel for Appellant; Mike Hunter and Tessa L. Henry, Counsel for the State. **OPINION BY:** **LUMPKIN, J.:** **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-611_1734429007.pdf)**

Continue ReadingRE-2018-611

F-2018-0851

  • Post author:
  • Post category:F

**In The Court of Criminal Appeals of the State of Oklahoma** **Keye Yarnell Smith,** Appellant, **v.** **The State of Oklahoma,** Appellee. **No. F-2018-0851** **Filed August 15, 2019** **Summary Opinion** **Presiding Judge Lewis:** On December 23, 2014, Keye Yarnell Smith was charged in Tulsa County Case No. CF-2014-6405 with: - Count 1: Possession of Controlled Drug (felony) - Count 2: Unlawful Possession of Drug Paraphernalia (misdemeanor) - Count 3: Obstructing an Officer (misdemeanor) Smith pled guilty to all counts on August 26, 2015. Sentencing was deferred until August 17, 2018, pending successful completion of the Tulsa County Drug Court program, which would result in a four-year deferred sentence for Count 1, with Counts 2 and 3 dismissed. If terminated from the program, he would face six years imprisonment for Count 1 and one year in the County Jail for Counts 2 and 3, with sentences running concurrently and credit for time served. On July 5, 2018, the State filed a Motion to Revoke Smith’s participation in Drug Court, citing violations of program rules. After a hearing, Special Judge April Seibert ordered Smith's termination from the program and sentenced him per the plea agreement. Smith appeals this decision, claiming the trial court abused its discretion in terminating him from Drug Court. On appeal, Smith argues the court lacked adequate information due to the absence of the Performance Contract and Rules of Drug Court in the record. However, evidence provided during the hearing demonstrated that the trial court did not abuse its discretion. Oklahoma Statute Title 22 O.S. § 471.7(E) outlines that drug court judges must recognize relapses and provide progressive sanctions, rather than automatic termination, unless the offender's conduct warrants such action. The judge has broad authority over program removal decisions as outlined in § 471.7(G). This Court reviews the lower court’s decisions for abuse of discretion, which requires Smith to show that the court reached a clearly erroneous conclusion. No objections were raised by Smith regarding the allegations or the lack of understanding of the program's rules. **Decision:** The Court affirms the State’s Motion to Revoke Smith’s participation in Drug Court in Tulsa District Court Case No. CF-2014-6405. The mandate will be issued upon the delivery and filing of this decision in accordance with Rule 3.15 of the Oklahoma Court of Criminal Appeals. **Appearances:** - **Counsel for Appellant:** Stephanie Singer - **Counsel for Appellee:** Cindy Cunningham, Assistant District Attorney - **Attorney General:** Mike Hunter, Sher M. Johnson **Opinion By:** Presiding Judge Lewis **Concurred by:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-0851_1735123379.pdf)

Continue ReadingF-2018-0851

F-2018-485

  • Post author:
  • Post category:F

In OCCA case No. F-2018-485, Scott Thomas Stout appealed his conviction for First Degree Rape and Sexual Battery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Scott Thomas Stout was found guilty by a jury in Kay County for forcing himself on a long-time friend and for sexual battery. The jury did not find him guilty of two other charges of Rape by Instrumentation. The judge sentenced him to twenty years for the rape charge and four years for the sexual battery charge, which he must serve consecutively. Furthermore, he must serve at least 85% of his sentence before being considered for parole. Stout raised two main points in his appeal. First, he argued that the prosecutor acted improperly and that these actions denied him a fair trial. Second, he claimed that the trial court made a mistake by allowing the prosecution to call a witness in the middle of his defense to present evidence. In the first point, Stout pointed out three specific issues with the prosecutor's conduct. He said the prosecutor tried to make the jury feel sorry for the victim, asked questions that seemed to give opinions on the victim's credibility, and used first names for witnesses inappropriately. The court looked at all of the evidence and determined that these actions did not distract from the overall fairness of the trial. The jury acquitted Stout on two of the charges and recommended lighter sentences for the others. Therefore, the court ruled that Stout did not experience unfairness due to prosecutorial misconduct. Regarding the second point in his appeal, Stout argued that it was wrong for the prosecutor to cause the defense to stop its case to bring in a detective to verify some evidence. The court noted that the prosecutor's interruption was related to a question raised by Stout's own lawyer and that the trial judge had acted fairly in allowing it. The judge ruled that this did not disrupt the trial's fairness. In conclusion, the court found no errors in how the trial was conducted and affirmed Stout's conviction, meaning the original decision stood.

Continue ReadingF-2018-485

F-2018-39

  • Post author:
  • Post category:F

In OCCA case No. F-2018-39, Robert Ephriam Smith appealed his conviction for two counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the conviction and sentencing of life imprisonment on both counts, which were to run consecutively. One judge dissented. Robert Ephriam Smith was found guilty by a jury for abusing two children. The jury suggested that he should spend his life in prison for the acts he committed. The trial judge agreed and stated that Smith would serve his sentences one after the other. Smith raised several points in his appeal. He claimed that the instructions given to the jury were confusing. He believed they did not clearly explain what the jury needed to decide for his charges. He also said that evidence presented against him was unfair because it included things that weren't related to the case and might have made the jury feel negatively toward him. The judge's comments during the trial were also a point of concern for Smith. He thought the judge showed support for the young witnesses, which might have influenced the jury’s opinion unfairly. Moreover, he argued that notes from the forensic examiner and testimonies from his former step-daughter, who said he abused her when she was young, should not have been allowed as they added to the unfairness of the trial. Smith also argued that the way the prosecutor spoke during the trial was not appropriate and might have made it harder for him to get a fair trial. He thought that these methods used by the prosecutor could have led the jury to make a decision out of anger instead of focusing only on the facts. When it came to his lawyer, Smith claimed that his defense was weak and did not raise objections when they should have. He thought this lack of action harmed his case. However, the court decided that since no major errors were found in the trial, his lawyer’s performance could not be considered ineffective. In the end, the court found no grounds to change the original decision. They determined that the trial was fair despite Smith's complaints, and his life sentences would remain. The mandate for this decision was ordered to be issued immediately.

Continue ReadingF-2018-39

F-2018-945

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

Continue ReadingF-2018-945

F-2018-482

  • Post author:
  • Post category:F

In OCCA case No. F-2018-482, Sumeika D. Byrd appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Sumeika D. Byrd was found guilty of killing Brendon Turner. The trial took place in Oklahoma County, where the jury decided that Byrd should spend life in prison. Byrd argued that there wasn't enough evidence to prove she killed Turner unlawfully and that her trial wasn't fair because the court gave a flight instruction. The first argument was about whether Byrd acted in self-defense. Under the law, if someone believes they are in danger, they may use force to protect themselves, but the belief has to be reasonable. The jury saw proof that Byrd stabbed Turner multiple times, and they had evidence showing that she intended to kill him. Some of the wounds were very serious, and evidence suggested Byrd's actions weren't justifiable self-defense. Instead, the jury believed she had the intention to kill. Byrd's second argument was about the flight instruction. This instruction tells the jury that if someone runs away after a crime, it might mean they have guilt. Byrd did leave the scene, and since she claimed self-defense, the court decided it was right to instruct the jury about her leaving. The court found that this instruction was appropriate and that the trial was fair. In summary, the court reviewed all the evidence and decided that Byrd's conviction should stand. The dissenting judge disagreed with the decision, but the majority of the court felt there was enough proof to affirm Byrd's sentence.

Continue ReadingF-2018-482

F-2018-211

  • Post author:
  • Post category:F

In OCCA case No. F-2018-211, Lewis Long, III appealed his conviction for trafficking in illegal drugs (methamphetamine). In an unpublished decision, the court decided to affirm the judgment and sentence. No judge dissented. The case began when Lewis Long, III was tried and found guilty by a jury in Beckham County. He was convicted for trafficking in methamphetamine after having previous felony convictions. The jury recommended a sentence of twenty years in prison, which the judge followed. Long was found not guilty of a separate charge involving drug paraphernalia. Long raised a few concerns in his appeal. He argued that his Fourth Amendment rights were violated because police entered a place without properly announcing themselves. He also felt the state did not provide enough evidence to prove he had control or possession of the methamphetamine. Lastly, he believed there wasn't enough evidence for him to go to trial for the drug trafficking charge. The court looked closely at the evidence and procedures from Long's trial. They first addressed the entry of police into the motel room. Even if not knocking and announcing was an error, the court decided that this did not impact the overall case because the evidence found was still valid. Next, the court evaluated whether the evidence presented during the trial was strong enough to support a verdict of guilty. They determined that there was enough evidence to show that Long had joint possession of the methamphetamine found at the motel. Lastly, the court examined whether Long should have been able to challenge the charges before his trial but concluded that he did not show any clear error that would affect the outcome of his case. Since the state showed enough probable cause for his charges at the preliminary hearing, they found no reason to reverse the decision. In conclusion, the court decided not to grant any relief for Long's appeal, confirming his conviction and the sentence imposed.

Continue ReadingF-2018-211

C-2018-1024

  • Post author:
  • Post category:C

It appears that you have provided a court document from the Oklahoma Court of Criminal Appeals relating to the case of Larado James Smith, who entered a guilty plea to multiple counts of rape and sodomy. The document outlines the background of the case, the procedural history, and the court's decision to deny Smith's petition for a writ of certiorari. To summarize the key points: 1. **Background of the Case**: Larado James Smith entered a negotiated guilty plea to six counts of Second Degree Rape and three counts of Forcible Sodomy, resulting in a 15-year prison sentence. 2. **Motion to Withdraw Plea**: Smith later filed a motion to withdraw his guilty plea, claiming he had valid reasons for doing so, including alleged pressure from his counsel and stress from his incarceration. 3. **Court's Findings**: The trial court conducted a hearing on this motion and ultimately denied it, finding that Smith had entered his plea knowingly and voluntarily. This decision was based on the court's assessment of the circumstances and Smith's understanding of the plea. 4. **Appeal**: Smith appealed the denial of his motion to withdraw the plea. The appellate court reviewed the record and determined that the trial court did not abuse its discretion in denying the motion. It was concluded that Smith’s plea was made voluntarily, after a thorough understanding of the implications. 5. **Final Decision**: The Court of Criminal Appeals denied Smith's petition for certiorari, affirming the lower court's judgment and sentence. If you have specific questions about the case or need information on a particular aspect of the document, please let me know!

Continue ReadingC-2018-1024

RE-2018-674

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LEON DESHAWN WRIGHT,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-674** **Filed July 18, 2019** **SUMMARY OPINION** **HUDSON, JUDGE:** This case involves an appeal by Appellant Leon Deshawn Wright from the revocation of his suspended sentence in Oklahoma County District Court, Case No. CF-2014-1676. **Background:** On April 30, 2015, Wright entered a guilty plea to Knowingly Concealing Stolen Property after a previous felony conviction, for which he was sentenced to five years of imprisonment, all suspended. The State filed an application to revoke this sentence on May 9, 2016, citing multiple violations, including failure to obtain a mental health assessment, failure to report to a drug rehabilitation program, failure to pay supervision fees, and possession of marijuana. A hearing was conducted on August 27, 2018, overseen by the Honorable Bill Graves, where the judge granted the State's application for revocation, leading to the current appeal. **Analysis:** At a revocation hearing, the court determines if the terms of the probation have been violated, which should be proven by a preponderance of the evidence. Revocation should not be overturned unless there's an abuse of discretion by the trial court. 1. **Possession of Marijuana:** Appellant argues insufficient evidence for this charge. The court agrees but finds sufficient evidence for the remaining violations. 2. **Failure to Pay Fees:** Appellant contends his failure to pay fees was not willful. The court finds it was Appellant's responsibility to demonstrate he was not willful in this failure. As Appellant did not provide evidence regarding his employment status or good-faith efforts to pay, the burden was not met. 3. **Full Revocation Justification:** Appellant argues that the violations do not justify full revocation. However, the court finds the failure to report alone is an adequate basis for revoking the suspended sentence. **Decision:** The Oklahoma Court of Criminal Appeals affirms the District Court's order revoking the suspended sentence in Case No. CF-2014-1676. **Judges’ Concurrence:** - **KUEHN, V.P.J.:** Concurred in part/dissented in part, stating that while he agreed some violations justified revocation, he dissented concerning the failure to pay fines, emphasizing that Appellant's evidence of homelessness and unemployment should have been considered. He finds the court should demonstrate more clarity on when failure to pay fines due to indigence suffices to avoid revocation. For further details and the full legal opinion, you can [download the PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-674_1734423903.pdf).

Continue ReadingRE-2018-674