Best Interest of Justice Archives

S-2022-41

Post author:Staff
Post published:December 15, 2022
Post category:S

In OCCA case No. S-2022-41, the State of Oklahoma appealed the conviction of Joshua Kyle Rhynard for unlawful possession of a controlled drug with intent to distribute, possession of a firearm after a felony conviction, possession of a controlled dangerous substance (marijuana), and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided that the appeal was improperly brought and dismissed it. One judge dissented, arguing that the State made a sufficient case for review based on the importance of the evidence that had been suppressed. The dissenting opinion believed that the trial court made an error in suppressing the evidence found during a search because the officers executing the warrant used reasonable belief about the address they were searching.

C-2018-688

Post author:Staff
Post published:November 7, 2018
Post category:C

In OCCA case No. C-2018-688, the petitioner appealed his conviction for concealing stolen property, endeavoring to distribute marijuana, and possession of a sawed-off shotgun. In a published decision, the court decided to deny the petition for certiorari but remanded for further proceedings. One judge dissented. On January 6, 2015, the petitioner entered guilty pleas for the above crimes and was put in a program meant to help young adults. After showing good behavior, the court decided in August 2015 to delay his sentencing for ten years, allowing him to be on probation with some financial responsibilities. However, in March 2018, the state said the petitioner had broken his probation by committing new crimes, so they asked to speed up the sentencing. In May 2018, the court accepted the petitioner's guilty pleas for the new crimes, which included possession of a controlled substance and public intoxication, and imposed additional sentences. Altogether, he was sentenced to twelve years in prison. The petitioner then tried to take back his guilty pleas, but the court denied this request. He appealed this decision, bringing up several arguments. He felt the financial penalties were unfair and too high, that he did not receive good legal help, and that the total twelve-year sentence was excessive given his previous achievements in the diversion program. The court looked at these claims carefully but decided that while some of the fines were too high, particularly calling for a correction of the $1,000 fee in his case involving concealing stolen property, they would not change the length of the total prison time. They said the sentences were within the law and not shockingly excessive, affirming the lower court's decisions in many respects. The court concluded that they would not change the ruling on the guilty pleas but would send the case back for hearings on the issues related to the fines and costs.

RE-2008-1001

Post author:Staff
Post published:January 6, 2010
Post category:RE

In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.