Bail Jumping

C-2018-640

  • Post author:
  • Post category:C

In OCCA case No. C-2018-640, Jimmie Dewayne Starr appealed his conviction for multiple crimes. In an unpublished decision, the court decided to vacate his convictions and remand the case for dismissal. One judge dissented. Starr had entered a guilty plea for crimes in three different cases, including endangering others while trying to escape from police, failure to wear a seatbelt, possession of a controlled substance, resisting an officer, and bail jumping. He received several sentences that were ordered to be served concurrently, meaning he would serve them at the same time, rather than one after the other. After his sentencing, Starr wanted to withdraw his guilty plea, so he asked the court to allow it. The court held a hearing on Starr's request but ultimately denied it. This led to Starr appealing the decision, raising several issues including whether the court had the right to sentence him, whether he had good legal help, whether improper evidence led to an unfair sentence, and whether the state had jurisdiction in his case. The court looked closely at one of Starr's arguments about jurisdiction. He claimed that the State of Oklahoma didn't have the right to prosecute him based on a previous Supreme Court decision known as McGirt v. Oklahoma. This case said that certain crimes committed by Native Americans on tribal land must be handled in federal court, not state court. To investigate his claims, the court sent the case back to the lower district court to gather facts, specifically focusing on Starr's status as an Indian and whether the crime happened within the boundaries of the Muscogee Creek Reservation. Both sides agreed on several important facts about Starr's Indian blood, his membership in the Creek Nation, and that the crime occurred on Creek land. The district court accepted these facts and concluded that under federal law, Starr was indeed considered an Indian, and the crime took place on the reservation. Because of the ruling in the McGirt case, the appellate court decided that the state court did not have the authority to prosecute Starr. As a result, the appellate court vacated all of Starr's convictions, which means they were canceled, and they instructed the lower court to dismiss the case. This decision emphasized that Starr should be prosecuted in federal court instead of state court.

Continue ReadingC-2018-640

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

C-2018-372

  • Post author:
  • Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LAVONTE ANTONIO JOHNSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-372** **SUMMARY OPINION DENYING PETITION FOR WRIT OF CERTIORARI** **Filed May 39, 2019** **JOHN D. HADDEN, CLERK** **LEWIS, PRESIDING JUDGE:** Lavonte Antonio Johnson, Petitioner, pled guilty to using a vehicle to facilitate the intentional discharge of a firearm, in violation of 21 O.S.2011, § 652(B), in the District Court of Oklahoma County, Case No. CF-2014-2033. The Honorable Susan K. Johnson, Special Judge, accepted the plea and deferred judgment for five (5) years, subject to rules and conditions of probation. The State later moved to accelerate the judgment, alleging that Petitioner violated the rules and conditions of probation by possessing a firearm and jumping bail. The Honorable Ray C. Elliott, District Judge, accelerated judgment and sentenced Petitioner to twenty-seven (27) years imprisonment. Petitioner filed a motion to withdraw his guilty plea, which the trial court denied. Petitioner now seeks a writ of certiorari based on the following propositions of error: 1. Petitioner did not knowingly and voluntarily enter his plea of guilty, and the district court erred when it denied his application to withdraw the plea. 2. Petitioner received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution. 3. Petitioner’s 27-year sentence is excessive under the Eighth Amendment and shocks the conscience. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction, whether the sentence is excessive, whether counsel was effective at either the plea hearing or the withdrawal hearing, and whether the State has the power to prosecute the defendant. ### Proposition One In this proposition, Petitioner claims that the record shows he did not voluntarily enter his plea, due to a notational error by his counsel regarding the 85% rule applicable to his sentence. The court points out that a valid plea represents a voluntary and intelligent choice among alternatives. The ruling on a motion to withdraw a plea is reviewed for abuse of discretion. The trial court concluded that despite the error, Petitioner was properly informed about the 85% crime classification, denying this proposition. ### Proposition Two Petitioner argues that his counsel failed to adequately advise him regarding the ramifications of the 85% rule, thus rendering his plea involuntary. The court reviews this claim under the two-pronged Strickland standard for ineffective assistance of counsel. The court found that Petitioner did not show that counsel's performance was deficient or that it prejudiced him, denying this proposition. ### Proposition Three Petitioner argues that his sentence is excessive. The court notes that a sentence within the statutory range will not be modified unless it shocks the court's conscience. Given that Petitioner violated probation for a violent felony by possessing a firearm and jumping bail, the court finds that the sentence does not shock the conscience, thus denying this proposition. ### Decision The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** ### APPEARANCES AT TRIAL **TONY COLEMAN** **ATTORNEY FOR PETITIONER** ### APPEARANCES ON APPEAL **ANDREA DIGILIO MILLER** **ATTORNEY FOR PETITIONER** **LORENZO BANKS** **THOMAS HURLEY** **ATTORNEYS FOR DEFENDANT** **DANIEL POND** **ATTORNEY FOR THE STATE** **OPINION BY: LEWIS, P.J.** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-372_1734105356.pdf)

Continue ReadingC-2018-372

C-2013-1030

  • Post author:
  • Post category:C

In OCCA case No. C-2013-1030, the petitioner appealed his conviction for grand larceny, false declaration of ownership in pawn, and bail jumping. In an unpublished decision, the court decided to deny the petitioner's request for certiorari. One judge dissented. Kevin Anthony Eifert pleaded guilty to several charges in the District Court of Ottawa County. These included two counts of grand larceny, one count of false declaration of ownership in pawn, and one count of bail jumping. The court placed him in Drug Court but later removed him from that program. Following this, he was sentenced to serve prison time and pay fines. After his sentencing, Eifert tried to withdraw his guilty pleas. He argued that the court did not have proper records to support the pleas, that he was not competent to enter them, and that some of the fines were too high according to the law. He also claimed he did not receive effective help from his lawyers during his hearings. The court looked at his claims and decided that he had not made a proper challenge to some of his arguments when he initially tried to withdraw his pleas. Because of this, some of his complaints were not reviewed. While reviewing the case, the court found that one of the fines imposed was indeed higher than what the law allowed. They modified that fine to the correct amount. In the end, the court denied Eifert's request to change his sentence but changed one fine to align with the legal limits. Most of the judgments from the Ottawa County District Court were confirmed. Overall, while Eifert's appeal was mostly unsuccessful, one part of his sentence was modified due to an error, showing that the court takes care to ensure fairness in sentencing.

Continue ReadingC-2013-1030

RE-2007-850

  • Post author:
  • Post category:RE

In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

Continue ReadingRE-2007-850