Burglary Second Degree Archives

RE 2005-0315

Post author:Staff
Post published:May 16, 2006
Post category:RE

In OCCA case No. RE 2005-0315, #Matthews appealed his conviction for #Burglary. In a (published) decision, the court decided #to vacate the two-year sentence imposed in CF-1999-365, affirm the acceleration of the deferred sentence in CF-2003-14, and affirm the termination from Drug Court. #None dissented. Kevin Paul Matthews got into trouble with the law a while back. He pled no contest to a charge for running a roadblock and was given a sentence where he didn’t have to spend much time in prison right away. Instead, he was supposed to follow certain rules and help the community. However, he later messed up by not completing his required community service. Then, he got into even more trouble and pleaded guilty to burglary, agreeing to join a special program called Drug Court instead of going straight to prison. This program was meant to help him get better. But after some time, the State said he wasn’t following the rules and asked the judge to send him to prison instead. The judge agreed and decided Matthews needed to go to prison for more time, ruling that any previous time he served didn’t count towards his new sentence. Matthews felt that the judge made mistakes and that he shouldn't have been punished as harshly as he was. Matthews brought his case to a higher court, saying the judge didn't have the right to put him back in prison for the earlier offense because too much time had passed. He also said the judge shouldn’t have made him wait so long without setting an end date to his drug treatment program. Ultimately, the higher court agreed that the judge had made an error in punishing Matthews without accounting for the time he had already served. However, they kept the part where Matthews had to go to prison for his burglary charge because he had failed to follow the rules of the Drug Court. They decided to send the case back to the lower court for more review about what should happen next. So, in the end, Matthews got relief on some of his issues, but not all, showing that while he had some rights, he still needed to take responsibility for his actions.

RE 2001-0911

Post author:Staff
Post published:June 13, 2002
Post category:RE

In OCCA case No. RE 2001-0911, the Appellant appealed his conviction for burglary and larceny of an automobile. In an unpublished decision, the court decided to reverse the order from the lower court regarding the Appellant's participation in Drug Court. One judge dissented. In this case, the Appellant, after pleading guilty to burglary and larceny, had his original sentence changed to a suspended sentence with probation requirements. He was required to attend drug counseling and submit to drug tests. However, the State later claimed that he did not complete the agreed program. During the hearing about this issue, there was confusion about whether it was a revocation of his suspended sentence or a termination from Drug Court. The evidence showed uncertainty about the Appellant's actual participation in Drug Court. The court noted that it could not determine if the lower court had abused its discretion due to the confusion during the hearings. Ultimately, since it was unclear if the Appellant was appropriately part of the Drug Court, the higher court reversed the lower court's decision and instructed to dismiss the case instead of continuing with the termination.

F 2000-0310

Post author:Staff
Post published:April 6, 2001
Post category:F

In OCCA case No. F 2000-0310, Buckley appealed his conviction for Burglary Second Degree. In a published decision, the court decided to affirm the acceleration of his deferred sentence but modified it to run concurrently with another sentence. None dissented.