Accelerated Sentences Archives

F 2018-0812

Post author:Staff
Post published:September 19, 2019
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 In an unpublished decision, the court decided to affirm the trial court's decision to accelerate Jurado's deferred sentences; he had previously entered guilty pleas to several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.

F 2004-0328

Post author:Staff
Post published:July 13, 2005
Post category:F

In OCCA case No. F 2004-0328, the appellant appealed his conviction for trafficking in illegal drugs and distribution of a controlled substance. In an unpublished decision, the court decided to reverse the acceleration of the appellant's deferred sentences. One judge dissented. The case began when the appellant, who was 19 years old, pled guilty to the charges and received a five-year deferred sentence in each case after completing a rehabilitation program. However, the state later sought to accelerate these sentences due to alleged violations of probation. During a hearing, the judge concluded that the appellant had not complied with conditions and imposed a lengthy sentence of twenty-five years for each charge, running consecutively. The appellant argued several points on appeal. He claimed that the acceleration hearing was unfair because he did not have a lawyer to help him. The court agreed that he had not properly waived his right to counsel. The judge's decision to proceed without an attorney was found to be incorrect, as there was no evidence that the appellant could afford a lawyer. Furthermore, the court noted that there were other errors in the process that impacted the fairness of the hearing. The appellate court found merit in the appellant's first argument about not having a lawyer and therefore reversed the acceleration of his sentences. The judges on the panel emphasized that if a new hearing takes place, the appellant must be represented by a lawyer and informed of his rights regarding any plea agreements.