Burglary

F-2021-554

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In OCCA case No. F-2021-554, Robert Willie Wilson, Jr. appealed his conviction for accessory to burglary in the second degree and carrying weapons. In an unpublished decision, the court decided to reverse and remand Count 1 (accessory to burglary) with instructions to dismiss the charge, while affirming Count 2 (carrying weapons). One member of the court dissented. The case revolved around Wilson's alleged involvement in a burglary at a laundromat. The jury found him guilty of being an accessory rather than guilty of the burglary itself. They sentenced him to twenty years for the accessory charge and thirty days for carrying a weapon, to be served at the same time as his other sentence. Wilson challenged his conviction, arguing that the evidence was not enough to prove he was an accessory to the burglary. He claimed that the State failed to show he actively concealed or helped another person, named Justin White, who committed the burglary. The law requires that to be an accessory, someone must help the offender escape arrest or punishment after the crime. During the trial, the evidence suggested that while Wilson was present in the vehicle during the time of the burglary, there was no proof that he helped White in any way after the crime. The court pointed out that Wilson's mere presence did not make him guilty. It highlighted that the State only showed he knew about the burglary, which was not enough to convict him as an accessory. Ultimately, the court concluded that the evidence did not support a conviction for accessory to burglary beyond a reasonable doubt. Therefore, they reversed Wilson's conviction for that charge, but they did maintain the conviction for carrying a weapon. The remaining claims in Wilson's appeal were no longer necessary to consider due to this decision.

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F-2021-512

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In OCCA case No. F-2021-512, Trevor Leif Toppah appealed his conviction for Burglary in the Second Degree and Obstructing an Officer. In an unpublished decision, the court decided to affirm his judgment and sentence, except for modifying the fee assessed for his indigent defense. One judge dissented. Toppah was found guilty of second degree burglary and obstructing an officer by a district court. The burglary charge was based on the fact that he broke into a parked automobile with the intent to commit theft. During his trial, the judge considered if there was enough evidence to support the burglary conviction, focusing on whether Toppah used force to enter the vehicle and if he had the intention of stealing anything. The court reviewed the evidence and determined that it was enough for a reasonable person to believe Toppah was guilty of burglary. They noted that breaking into a car, even by just opening the door, is considered a form of breaking necessary for a burglary charge. The court also mentioned that proving intent could be done through either direct or indirect evidence, which they found sufficient in Toppah's case. Toppah raised some issues regarding money charged for his defense costs. He argued that the court charged him too much and that it should be less, as stated in the law. Although his lawyer didn’t object to this during the trial, the court noticed that they had made a mistake. They admitted that the fee should have been $250 instead of the $500 that was charged. Lastly, Toppah argued that a series of errors during his trial caused him not to receive a fair trial. However, the court found that the only error that needed correcting was the higher fee, and that this error did not affect the overall fairness of his trial. In summary, the court upheld Toppah's conviction for burglary but corrected the amount he had to pay for the public defense.

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M-2019-664

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In OCCA case No. M-2019-664, the appellant appealed his conviction for illegal entry with unlawful intent, outraging public decency, and assault on a police officer. In an unpublished decision, the court decided to reverse the conviction for illegal entry but affirmed the convictions for outraging public decency and assault on a police officer. One judge dissented. James Brewer was accused of several misdemeanors after the police were called to his neighbor's house because he was trying to break in. The neighbor's children had reported the incident to their mother, who called the police. When officers arrived, they found Brewer in a neighboring home, naked on the floor, being restrained by his brother. He was not cooperative when the police tried to arrest him. During the trial, the court heard from police officers but did not hear directly from the neighbor or her children. The prosecution's case relied on the officers' testimonies about what they found and how they arrested Brewer. He represented himself during the trial with the help of standby counsel. Brewer raised several issues on appeal. First, he argued that he should have received credit for the time he spent in jail before the trial. The court explained that it is up to the trial judge to decide whether to give this credit and stated that there was insufficient information showing that he was unable to pay for a bond that would have let him out of jail before the trial. He also claimed the prosecutor made mistakes during the trial, like bringing up parts of his attitude that were not relevant and making comments during closing arguments. The court decided that the prosecutor's actions did not unfairly affect the trial. Brewer argued that there was not enough evidence for his conviction for illegal entry. The court agreed that the evidence was weak because the neighbor and her children did not testify and there was no direct proof linking him to tampering with the air conditioners. His other claims related to cross-examination and the wording of the charges against him were found to be insufficient to overturn the convictions for the other two charges. His conviction for the illegal entry was reversed, meaning the prosecution could not pursue it further, but the convictions for outraging public decency and assault on a police officer were upheld. One judge had a different opinion and dissented from the majority ruling.

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RE-2019-619

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In OCCA case No. RE-2019-619, the appellant appealed his conviction for endangering others while trying to avoid the police and possession of a stolen vehicle. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to give him credit for four days he had already served in jail. One judge dissented from this decision.

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F-2018-481

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In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

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S-2018-1227

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA,** Appellant, **v.** **DAVID FLORES VILLANUEVA,** Appellee. **No. S-2018-1227** **NOT FOR PUBLICATION** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN** **CLERK** --- **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: On March 6, 2018, Defendant Villanueva was charged with one count of Burglary in the First Degree in Comanche County Case No. CF-2018-135. On November 7, 2018, a preliminary hearing was held before the Honorable Ken Harris, Special Judge. At that hearing, the State amended the information to include a charge of Conspiracy to Commit Burglary. Villanueva demurred to both charges; the demurrer to the burglary charge was overruled, while the conspiracy charge was granted. The State appealed this ruling under Rule 6.1 and 22 O.S.2011, § 1089.1. Judge Meaders, after reviewing the preliminary hearing transcript and hearing arguments from both sides, upheld the magistrate's decision. From this ruling, the State continued its appeal. The State's primary argument was that it was erroneous for the trial court to grant Villanueva's demurrer concerning the conspiracy charge. According to Rule 11.2(A)(4), this appeal was automatically assigned to the Accelerated Docket. The analysis considers whether there was sufficient evidence, viewed favorably towards the State, to find that a felony crime occurred and that Villanueva likely committed it. The Court must uphold the magistrate's ruling unless there was an abuse of discretion. The Court determined that no such abuse of discretion occurred in this instance. The decision to grant the demurrer concerning the conspiracy charge was not clearly erroneous or illogical based on the evidence presented. **DECISION** The order dismissing the conspiracy charge against Villanueva in Comanche County District Court Case No. CF-2018-135 is AFFIRMED. A MANDATE is ORDERED issued upon the delivery and filing of this decision, in accordance with Rule 3.15. --- **APPEARANCES AT TRIAL** **COUNSEL FOR STATE/APPELLANT** Kyle Cabelka, Assistant District Attorney Comanche County **COUNSEL FOR DEFENDANT/APPELLEE** Clay Hillis Lawton, OK --- **OPINION BY:** LEWIS, P.J. **CONCUR:** KUEHN, V.P.J.; LUMPKIN, J. **DISSENT:** HUDSON, J.; ROWLAND, J. --- **DISSENTING OPINION OF HUDSON, J.:** I align with Judge Rowland's dissent and wish to emphasize that the magistrate's decision did not adhere to the proper legal standard, which mandates that at a preliminary hearing, the State is not obliged to present evidence that would suffice for a conviction; rather, the standard is to establish probable cause. The preliminaries focus on whether there is enough evidence for a reasonable person to conclude that an agreement to commit a crime existed among the suspects. Based on the testimony, when two armed men and a female accomplice invade a home, demanding money while brandishing weapons, the magistrate should have inferred an agreement had taken place, viewing the facts favorably for the State. The evidential threshold should reflect that significant circumstantial evidence can imply conspiracy. My view is that the magistrate abused discretion by ruling there was insufficient evidence for conspiracy at the hearing's conclusion. The facts supporting the charge should have warranted a finding of probable cause as a reasonable inference could be drawn affirming an agreement among the accused parties. The ruling lacks justification against existing legal precedents. The magistrate's interpretation of the circumstances failed to consider the appropriate evidential standard and should be revised. I am authorized to state that Judge Hudson concurs with this dissent. --- For the official full text, [click here to download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1227_1734274980.pdf).

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F-2018-221

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In OCCA case No. F-2018-221, Kenneth Merle Hammick, II appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and larceny of an automobile. In a published decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Kenneth Hammick was convicted of serious crimes. The evidence showed that he broke into a house in Claremore, Oklahoma, on May 10, 2015. He threatened the people inside with a gun and stole a car from one of the victims to escape. He later tried to steal another car but took a pistol instead. The police found him hiding in some bushes the next day. During police questioning, Hammick made statements that suggested he was guilty, even though he initially denied doing anything wrong. After a while, he asked to speak to the police again and confessed to the robbery, even showing them where he had hidden the gun. Hammick's first argument was that the court should not have allowed his confession to be used against him because he had already asked for a lawyer. The court decided that since he started talking to the police again, his confession was valid, and he understood what he was doing. Next, Hammick claimed that the way the police identified him was unfair. He said that because he had a neck tattoo, he was easily recognizable in a photo lineup shown to the victims. However, the court found that the victims had a good opportunity to see him during the crime and provided reliable identifications. Lastly, Hammick argued that the court should not have allowed evidence of another crime he committed after the robbery. This was a theft of a gun. The court decided that this evidence was important to provide a complete picture of Hammick's actions and did not unfairly prejudice the jury against him. In the end, the court upheld Hammick's conviction and did not find any reason to change the original decision.

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PC-2018-723

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**Summary of Court Decision: Shawn A. Detwiler v. The State of Oklahoma** *Case Overview:* Shawn A. Detwiler sought post-conviction relief related to multiple convictions stemming from offenses committed as a juvenile, including armed robbery and shooting with intent to kill. After initially pleading guilty to several charges and receiving concurrent sentences, he argued that the combination of his consecutive sentences constituted a de facto life without parole sentence, violating his Eighth Amendment rights. *Key Points of Rulings:* 1. **Case Summation:** Detwiler was convicted on several counts involving crimes such as burglary, robbery, and assault. His sentences ranged from 5 years to life imprisonment, some being discharged over time. 2. **Legal Precedents Cited:** Detwiler's argument was heavily reliant on the legal interpretations established in *Graham v. Florida*, *Miller v. Alabama*, and *Montgomery v. Louisiana*, which emphasize that juvenile offenders should not be sentenced to life without parole for non-homicide crimes. 3. **District Court's Findings:** The District Court found that since Detwiler was not sentenced to life without parole or its functional equivalent, the Eighth Amendment protections cited in those cases did not apply. 4. **Aggregate Sentencing Argument:** Detwiler contended that his sentences, when viewed collectively, equated to a de facto life sentence. However, the court maintained that each sentence should be evaluated independently. 5. **Response to Tenth Circuit Precedent:** The Oklahoma Court of Criminal Appeals referred to a prior ruling (Martinez v. State) which rejected the idea of viewing multiple sentences in aggregate for Eighth Amendment analysis. 6. **Conclusion by the Court:** Detwiler's post-conviction relief was ultimately denied. The court established that he has the potential for parole consideration and has not received sentences that deal with him as if he was sentenced to life without parole as per the noted precedents. *Dissenting Opinions:* 1. Judge Lewis dissented, arguing that consecutive sentences for multiple serious offenses committed as a juvenile effectively mean a lifetime sentence without a realistic chance for release, which may constitute cruel and unusual punishment. 2. The dissent emphasized that juveniles should be given a chance to demonstrate maturity and rehabilitation, which the current sentencing practices do not permit. 3. It was asserted that the framework of Graham should extend to prevent the imposition of excessively punitive aggregated sentences for juveniles, thereby relieving them of permanent confinement without the chance for parole. *Final Notes:* The court's ruling underscores ongoing debates about sentencing juveniles, the interpretation of constitutional protections, and the lengths of sentences impacting juvenile offenders. The dissent highlights the critical need for opportunities for rehabilitation and review in cases involving young individuals.

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F-2018-892

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**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).

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RE-2018-611

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**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)**

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for Domestic Assault and Battery After Prior Conviction, Domestic Assault and Battery by Strangulation, and Kidnapping. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to correct inconsistencies in the sentencing documents. One judge dissented.

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for domestic assault and battery along with other charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court for further proceedings to fix some inconsistencies in the records. One judge dissented.

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RE 2018-0118

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In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for violating the terms of his suspended sentence. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence. One judge dissented. Samuel Keith Carolina had originally been sentenced to twenty years for burglary, but the last ten years were suspended while he followed certain rules. However, in December 2017, the state accused him of committing several new crimes, including assault and battery with a deadly weapon and shooting with intent to kill. Some of these claims were removed before the revocation hearing. At the hearing held on January 30, 2018, the judge found enough evidence to support the state's claims, specifically the first allegation. Carolina argued that the evidence was not strong enough to prove he broke the terms of his sentence. The court explained that to revoke a suspended sentence, the evidence just needs to show that it's more likely true than not, meaning the evidence has to be convincing. Ultimately, because they found that there was enough evidence to support at least one of the violations, the court decided to uphold the revocation of Carolina's suspended sentence.

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RE 2018-0118

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In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the order of the District Court revoking his suspended sentence. One justice dissented. Samuel entered a guilty plea to burglary and was given a suspended sentence, which meant he would not serve his full sentence unless he broke the rules. However, after some time, the State accused him of committing new crimes, which led to the revocation hearing. The court found enough evidence to support the claims against him and revoked his suspended sentence. On appeal, Samuel argued that the evidence presented was not sufficient to prove he had committed the new crimes. However, the court explained that for revoking a suspended sentence, the state only needs to show that it is more likely than not (a preponderance of the evidence) that the person violated the terms. Since the court found that the state met this burden, they confirmed the decision to revoke Samuel's sentence.

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F 2017-1074

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In OCCA case No. F 2017-1074, Brown appealed his conviction for Drug Court termination. In an unpublished decision, the court decided to affirm the termination, stating the trial court acted within its discretion. One judge dissented.

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F-2017-825

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In OCCA case No. F-2017-825, Ryan Paul Farr appealed his conviction for burglary in the second degree and possession of a firearm. In an unpublished decision, the court decided to affirm the convictions and sentences. There was one dissenting opinion. The case began when Farr was found guilty by a jury in Carter County. He faced two counts: one for burglary after having previous convictions, and another for having a firearm despite also having previous convictions. The jury decided that he should serve 25 years for the burglary and 15 years for the firearm possession, and the sentences were ordered to be served one after the other. Farr raised many complaints in his appeal, mentioning problems he believed occurred during the trial. He argued that the trial court made mistakes when it allowed the case to be reopened for more witness testimony and that he did not get a fair trial due to evidence of other crimes being presented. He also expressed concern about the prosecutor’s comments, which he thought made it seem like he was guilty before the jury could decide. The court looked closely at each of Farr's points. For the first complaint, the court said that letting the State present more witness testimony was a reasonable choice and didn’t hurt Farr's case. About the evidence of other crimes, the court noted that Farr didn’t object at the time these details were shared, which meant he couldn’t complain later. Farr also had issues with how his prior convictions were brought up during the trial, but the court found no major errors there either. When it came to the prosecutor’s behavior, the court decided that while the prosecutor made some points during arguments, they did not sway the trial's fairness. Farr's claims about not having enough evidence supporting his burglary and firearm possession were rejected since the court believed the evidence presented was sufficient to prove his guilt. Lastly, although Farr thought his sentences were too long, the court reminded him that sentences are usually left to the discretion of the judge unless they are extremely unfair, which in this case they weren’t. Because the court found no errors in the trial process, they confirmed the decision made in the lower court. In conclusion, the court affirmed the judgment and sentence against Farr, stating that all of his arguments were without merit.

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RE-2018-644

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DUSTIN ARDELL CRUCE,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-644** **FILED APR 25 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** ROWLAND, JUDGE: This appeal arises from the revocation of Dustin Ardell Cruce’s suspended sentence in Okfuskee County District Court Case No. CF-2016-143, adjudicated by the Honorable Lawrence W. Parish. On February 22, 2017, Cruce entered a guilty plea to multiple charges, including Assault With a Dangerous Weapon and Possession of a Controlled Dangerous Substance, resulting in a total sentence of ten years for the most serious counts, suspended in part. On October 31, 2017, the State filed a Motion to Revoke Suspended Sentence, citing Cruce's failure to pay ordered reimbursement fees and alleged new criminal activity. However, the State subsequently abandoned the new crime allegation as part of a plea agreement in a separate case, leaving only the failure to pay as the basis for revocation. At the revocation hearing on May 2, 2018, the trial court determined that Cruce had indeed violated his probation by failing to fulfill financial obligations. Despite Cruce's claims regarding his employment status and efforts to comply, he provided no evidence of bona fide attempts to make the required payments. The standard for revocation allows the State to meet its burden by a preponderance of the evidence, and one proven violation is sufficient to justify a full revocation of a suspended sentence. Judge Parish opted to revoke only half of Cruce's remaining suspended sentence, demonstrating leniency. Cruce’s appeal asserts that the trial court abused its discretion by imposing revocation. However, as established in previous case law, including *Sparks v. State* and *Livingston v. State*, the court has broad discretion in these matters. The trial court was within its rights to revoke the suspension based on the stipulated violation of payment obligations. The decision of Judge Parish is affirmed, as Cruce has not demonstrated an abuse of discretion. **DECISION** The revocation of Appellant's suspended sentence in Okfuskee County District Court Case No. CF-2016-143 is AFFIRMED. **Legal Representation:** Counsel for Appellant: CURT ALLEN Counsel for Appellee: EMILY MUELLER, ASST. DISTRICT ATTORNEY **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J. (Concur in Results); LUMPKIN, J.; HUDSON, J.

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F-2017-1270

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In OCCA case No. F-2017-1270, Bryan James Abner appealed his conviction for several offenses. In an unpublished decision, the court decided to affirm the decision to terminate him from drug court and sentence him according to the plea agreement. One judge dissented. Bryan James Abner was involved in multiple criminal cases related to theft, guns, drugs, and burglary. He was given the chance to join a Drug Court program to help him with his drug addiction instead of going straight to prison. However, if he did not follow the rules of the program, he would be sentenced for his crimes. Abner did well in the Drug Court for the first six months, but then he started to have problems. He tested positive for methamphetamine several times, had legal troubles, and missed appointments. The State's attorney asked to terminate him from the Drug Court because of these issues. During the hearing, witnesses testified about Abner's behavior. One officer found drugs on him, and a supervisor explained that Abner had many chances to improve but did not make enough progress. Abner's counselor testified that he had learned from some difficult experiences, including the death of his son, and asked for another chance in the program. The judge decided against Abner, saying that despite what the counselor said, Abner's problems continued. She noted that he had broken the rules of the Drug Court many times and had not responded to the chances he had been given. In summary, the court ruled that Abner needed to be removed from the Drug Court program for not following the rules, and he was sentenced based on his plea agreement. The court found that the evidence supported this decision, and there was no abuse of discretion by the judge.

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F-2017-724

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In OCCA case No. F-2017-724, the appellant appealed his conviction for multiple crimes, including assault and battery with a dangerous weapon, burglary, domestic abuse, and violation of a protective order. In a published decision, the court decided to affirm the convictions for most counts but dismissed one count due to double punishment concerns. One judge dissented.

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RE-2017-57

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In OCCA case No. RE-2017-57, Leslie Kay Mosby appealed her conviction for burglary and drug possession. In a published decision, the court decided to uphold her revocation from the mental health court program and the resulting sentences. One judge dissented. Leslie Kay Mosby was convicted for several crimes, including burglary and possession of a controlled substance. She was sentenced to seven years for two felony counts and one year for a lesser charge. She entered a plea agreement that allowed her to participate in a mental health court program, which meant that if she did well, her sentences would not need to be served in prison. However, if she failed in the program, her sentences would be enforced. During her time in the mental health court program, Mosby had many problems, including missing appointments and using drugs. The state noticed these issues and asked the court to take her out of the program. After a hearing, the court agreed that she had not followed the program rules and removed her from the program. This meant that she would now serve her sentences in prison. Mosby believed that the court was wrong to remove her from the mental health program without giving her proper chances to improve. She also argued that her sentences should run at the same time instead of one after the other. However, the court decided that the original agreement was not clear enough about the sentences running together and confirmed the judge’s decision to impose consecutive sentences. Lastly, Mosby pointed out that there was a mistake in the paperwork about the charge against her, but she did not follow the right steps to correct it. The court decided that the judge's rulings were mostly correct, but they would send the case back so the judge could ensure that the correct parts of the sentences were listed properly. Overall, the court affirmed the decision to revoke her from the mental health court program and ruled that her longer sentences would stand, with some corrections to the paperwork.

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C-2016-718

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In OCCA case No. C-2016-718, Jones appealed his conviction for robbery with a dangerous weapon and kidnapping. In a published decision, the court decided to vacate the sentence for one count where he was not charged, but affirmed the rest of the convictions. One judge dissented.

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RE-2016-401

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In OCCA case No. RE-2016-401, a person appealed his conviction for unlawful possession of a controlled drug with intent to distribute and burglary in the second degree. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences. One member of the court dissented. The case began when the person entered a guilty plea on November 3, 2014, and was sentenced to eight years in prison, with three years to be served and the rest suspended. This means he would not have to serve the full eight years right away. However, problems arose when the State of Oklahoma wanted to revoke his suspended sentence on January 13, 2016. During the revocation hearing held on April 26, 2016, it was found that he had violated the terms of his suspended sentences. The important issue in the appeal was whether the court had the right to hold the hearing after a certain time. According to the law, a revocation hearing should happen within twenty days unless both sides agree to wait longer. In this case, the person pleaded not guilty on February 1, 2016. The hearing was originally set for February 29, 2016, which was already too late according to the rules. It was then moved to April 26, 2016, making it even later and not meeting the legal deadline. Because the court did not have the right to hold the hearing after so much time had passed, the higher court decided to reverse the earlier decision and send the case back for further action that follows the law.

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F-2014-764

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In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

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F-2014-1100

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In OCCA case No. F-2014-1100, Kenshari Andre Graham appealed his conviction for Second Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing. One judge dissented. Graham was found guilty of murdering Alec McGlory while trying to rob him at gunpoint for illegal drugs. The jury recommended that he serve life in prison, and the trial court agreed with this sentence. During the appeal, Graham argued that the trial court made a mistake by allowing the State to introduce evidence of another crime he committed—a burglary that took place two days after the murder. He believed this should not have been allowed because it did not relate to the murder case. The court reviewed the evidence admitted during the trial to determine if it was appropriate. Normally, evidence of other crimes is not allowed to prove that someone is guilty of the crime they are charged with. However, there are some exceptions to this rule. One exception is if the other crime is closely connected to the crime being charged, which can help to explain it better. In this case, the burglary and the murder were separate events that happened in different places and times. The burglary did not relate to the drug robbery that led to McGlory's murder. The trial court had allowed the burglary evidence in part to show a possible consciousness of guilt, or that Graham was trying to escape the legal consequences of his actions. The court explained that evidence of fleeing can sometimes be used to support the idea that someone is guilty, but they needed to be careful about how it is used. Despite admitting that the trial court made a mistake by allowing the burglary evidence, the court did not believe that this mistake had a significant impact on the jury's decision to convict Graham. The jury also heard strong evidence from two witnesses who testified that Graham confessed to the murder, along with other evidence connecting him to the crime. The judges concluded that the jury likely made their decision based on this solid evidence, and not just the burglary evidence. However, when it came to sentencing, the judges had doubts about whether the court would have given Graham the maximum sentence of life in prison if they hadn’t considered the burglary. Because of this, the court decided to send the case back to the District Court to determine a proper sentence without considering the improperly admitted evidence. Overall, while Graham's conviction remained in place, the judges recognized the need to reevaluate his sentence without the influence of the wrongful entry of evidence from the burglary case.

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F-2014-396

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In OCCA case No. F-2014-396, Jenkins appealed his conviction for Burglary in the Second Degree. In an unpublished decision, the court decided to modify Jenkins' 30-year sentence to 20 years. The decision was reached after the court found some errors occurred during the sentencing stage. Jenkins was convicted of breaking into a house with the intent to steal. He argued that the evidence did not prove he broke into the home. However, the court found that the doors being open and a window being broken were enough to show that he did break in. The court also determined that his behavior, like giving a false name and running away, suggested he intended to steal. Although the court found the conviction valid, they acknowledged that the prosecution made mistakes when discussing Jenkins' past criminal record, which prompted them to lower his sentence. The original sentence of 30 years was too harsh given the errors, leading the court to adjust it to 20 years. Ultimately, the court upheld the conviction but modified the length of the sentence.

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