Bench Warrant Archives - OCCA Opinions

RE-2015-206

Post author:Staff
Post published:January 5, 2016
Post category:RE

In OCCA case No. RE-2015-206, Akers appealed his conviction for Burglary in the Second Degree, Knowingly Concealing Stolen Property, Conspiracy to Commit Burglary II, and Possession of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to reverse the revocation order against him. One judge dissented. In this case, Akers had entered pleas of no contest to several charges after a plea agreement. He was sentenced to serve time in prison, but part of his sentence was suspended, meaning he wouldn’t have to serve it right away if he followed certain rules. However, a few months later, a judge revoked part of his suspended sentence because of a violation. Akers argued that the court did not follow the rules properly during the revocation process. Specifically, he claimed that the court didn’t hold a required hearing within 20 days after he entered a plea of not guilty to the motion for revocation. According to the law, if this time frame is not followed, the court loses the authority to revoke the suspended sentence. The record showed that the state filed a motion to revoke Akers' suspended sentence, and although he entered a plea of not guilty, he did not receive a hearing within the 20-day period. Akers' lawyer pointed out this issue during the hearing, claiming the court should not have moved forward with the revocation as it did not meet the required timeframe. The dissenting judge had a different opinion, but the majority agreed that Akers was right. Because the required hearing was not held on time, they decided to reverse the revocation order and told the lower court to dismiss the state’s motion, meaning Akers’ rights were upheld, and he would not face the consequences of the revocation. Thus, the decision was made to give Akers another chance by reversing the revocation.

F-2008-786

Post author:Staff
Post published:February 8, 2010
Post category:F

In OCCA Case No. F-2008-786, James Dion Smith appealed his conviction for Unlawful Possession of a Controlled Drug. In an unpublished decision, the court decided to reverse the order that had accelerated his Judgment and Sentence and ordered the District Court to dismiss the case. One judge dissented. Smith had originally entered a plea of no contest for possession of a controlled substance, and his sentence was delayed for two years. This means he didn't have to go to jail right away as long as he followed the rules during that time. However, later on, the State of Oklahoma asked the court to speed up Smith's sentence because they believed he had broken the rules. When the court had a hearing to look into the State’s request, they decided to impose Smith's sentence. But Smith argued that the court shouldn’t have done this based on something that happened after his period of supervision had ended. After examining the details, the court agreed with Smith. They found that the reason for speeding up his sentence was tied to a new case that occurred after the time Smith was supposed to be on probation. They decided the lower court was wrong to speed up his sentence and told them to cancel the action against Smith. In the dissenting opinion, the judge felt the court overlooked how the situation happened. This judge pointed out that Smith admitted to not following the rules during his probation. When Smith did not show up for a later hearing, the judge believed the court could still take action against him based on his failure to appear, even if new charges could not be considered. In the end, the main ruling was to reverse the earlier decision and to dismiss the case against Smith.

C-2006-286

Post author:Staff
Post published:December 7, 2006
Post category:C

In OCCA case No. C-2006-286, Michelle Emma Hill appealed her conviction for Incitement to Riot. In a published decision, the court decided to grant her the opportunity to withdraw her plea and proceed to trial. One judge dissented.