Concurrent Sentences

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 In an unpublished decision, the court decided to reverse and remand Count 1 (accessory to burglary) with instructions to dismiss the charge, while affirming Count 2 (carrying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-2021-123

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In OCCA case No. F-2021-123, Airick William Fuller appealed his conviction for kidnapping and first-degree robbery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Fuller was found guilty by a jury in Custer County for two counts of kidnapping and one count of robbery, having prior felony convictions. The jury gave him sentences of ten years for each kidnapping count and thirty years for the robbery, all to be served concurrently, meaning he would serve them at the same time. Fuller argued that the evidence used in the trial was not enough to prove he committed first-degree robbery and that the trial court did not inform the jury about a lesser crime, second-degree robbery. The court carefully reviewed the entire case, including the evidence and arguments from both sides. Regarding the first argument, the court stated that there was enough evidence to show that Fuller threatened a victim, Jason White, with serious harm during the robbery. Even though White did not actually see a gun, the court noted that he had reason to fear for his safety because of what had happened earlier. The court concluded that the jury could justifiably find Fuller guilty based on this evidence. For the second argument, the court explained that since Fuller did not ask for the jury to consider the lesser charge of second-degree robbery, it was difficult for him to claim a mistake was made. The court found that no errors that would have changed the outcome of the trial were made. The court confirmed the original sentences but also instructed the District Court to make sure that the official record reflected that the sentences were to be served concurrently if that had not already been done. Overall, the court affirmed the conviction and rejected Fuller’s arguments.

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F-2020-818

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In OCCA case No. F-2020-818, the appellant appealed his conviction for child sexual abuse and other related offenses. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute the appellant. One judge dissented. The case involved Joseph Scott Bennett, who was convicted of several crimes, including child sexual abuse and possessing a firearm after a felony conviction. The jury sentenced him to life in prison without parole for the most serious crimes and additional years for firearm possession. Bennett argued that the State didn't have the right to prosecute him because the crimes took place on lands that are part of the Cherokee Nation, and he is recognized as a member of the Cherokee Nation. During the trial, Bennett tried to dismiss the charges based on the argument that the state court did not have jurisdiction because of a Supreme Court case known as McGirt v. Oklahoma. This case stated that some crimes committed by Native Americans on certain lands could only be prosecuted in federal court rather than state court. The trial court did not agree with Bennett's argument but allowed the issue to be reviewed later on appeal. The appeals court found that, following McGirt, it was established that the area where the crimes occurred was indeed a Cherokee Reservation, and since Bennett proved he was a member of the tribe, the state courts should not have held the trial. As a result, the court vacated Bennett's judgment and sentence, which meant that his convictions were canceled, and they instructed that the matter be dismissed. The case shows how legal rulings can change depending on new interpretations of jurisdiction and tribal rights under U.S. law.

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F-2019-115

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In OCCA case No. F-2019-115, Beck appealed his conviction for multiple serious crimes, including First Degree Burglary and Assault with a Dangerous Weapon. In a published decision, the court decided that the State of Oklahoma did not have the authority to prosecute him because he is recognized as an Indian and the crimes occurred in what is considered Indian Country. The result was that Beck's convictions were overturned, and the case was sent back with instructions to dismiss the charges. There was a dissenting opinion regarding the application of the law.

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RE-2018-1287

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Here is a summary of the Court of Criminal Appeals decision regarding Darryn Lamar Chandler, Jr.: **Case Summary:** - Appellant: Darryn Lamar Chandler, Jr. - Appellee: The State of Oklahoma - Case Numbers: CF-2015-2683 and CF-2016-534 - Date of Decision: February 6, 2020 - Judge: Honorable Glenn Jones **Background:** - Chandler was previously convicted in two separate cases involving serious crimes: 1. Case No. CF-2015-2683: Guilt for possession of a controlled substance with intent to distribute, possession of an offensive weapon during a felony, and possession of an imitation controlled substance. 2. Case No. CF-2016-534: Guilt for robbery with a firearm and conspiracy to commit robbery with a firearm. - Sentences: In both cases, he received suspended sentences with the first year of incarceration. **Allegations of Violation:** - On September 21, 2018, the State filed to revoke Chandler’s suspended sentences due to new charges related to his involvement in a violent robbery while on probation. **Revocation Hearing:** - The hearing began on November 27, 2018, where evidence was presented by the State indicating Chandler's direct involvement in the robbery of a loan business, during which he threatened employees with a firearm. - Chandler did not present any evidence in his defense. - The judge found Chandler in violation of probation, leading to the revocation of his suspended sentences. **Sentencing Hearing:** - A presentence investigation report was requested and filed before the sentencing hearing, which took place on December 20, 2018. - The State argued for full revocation based on the violent nature of the robbery, while Chandler's counsel argued for a more lenient approach citing Chandler's background and potential for rehabilitation. **Court's Decision:** - The Court upheld the trial court's decision to revoke the suspended sentences in full, emphasizing that Chandler committed a violent crime in direct violation of the conditions of his probation, which warranted no abuse of judicial discretion. **Conclusion:** - The Court affirmed the revocation of Chandler's suspended sentences, noting the trial court’s discretion in making its determination based on the evidence of Chandler’s actions while on probation. **Final Note**: For more detailed information, there is a downloadable PDF available [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1287_1734352969.pdf).

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F-2019-99

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **WILLIAM ALVIN WIMBLEY,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2019-99** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN 30 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 30, 2018, Appellant entered pleas of guilty in McCurtain County District Court to the following charges: Possession of a Controlled Dangerous Substance (Count 1, Case No. CF-2016-103) and multiple counts in Case No. CF-2017-147, including another charge of Possession of a Controlled Dangerous Substance (Count 1), Possession of a Firearm After Conviction of a Felony (Count 2), and another Possession of a Controlled Dangerous Substance (Count 3). As part of a plea agreement, Appellant was admitted to the McCurtain County Drug Court Program, which stipulated that successful completion would lead to the dismissal of charges, while termination would result in a twenty-year imprisonment sentence for all four counts, served concurrently. Subsequently, on October 3, 2018, the State filed an Application to Revoke from Drug Court, citing numerous violations of the program's terms by Appellant despite receiving multiple graduated sanctions. A hearing was conducted, resulting in the Honorable Walter Hamilton, Special Judge, determining the defendant had indeed violated his performance contract, leading to his termination from the drug court program and imposition of the agreed twenty-year sentence. Appellant's sole proposition for appeal is grounded in an assertion of ineffective assistance of termination counsel, based on comments made by Judge Hamilton during the hearing regarding the sentencing implications of the termination and potential reversal by this Court. Under the legal framework established by *Strickland v. Washington*, 466 U.S. 668 (1984), to succeed on a claim of ineffective assistance, an appellant must demonstrate (1) deficient performance by counsel and (2) resulting prejudice. Appellant's claim does not find support in the record, as he fails to establish that his counsel's performance was deficient under *Strickland*'s rigorous standards. Termination of drug court participation, as outlined by Oklahoma law, requires a factual determination by the trial court regarding violations of the performance contract and the sufficiency of disciplinary sanctions. Judge Hamilton's determination hinged on whether any violations were proven by a preponderance of the evidence, rather than any alleged bias from his statements. Ultimately, Appellant has not demonstrated that Judge Hamilton abused his discretion in terminating his drug court participation. **DECISION** The termination of Appellant's participation in the McCurtain County District Court Drug Court in Case Nos. CF-2016-103 and CF-2017-147 is **AFFIRMED**. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), the **MANDATE** is ordered to be issued upon the filing of this decision. **TERM OF THE COURT:** **Affirmed.** **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur *Counsel in trial and on appeal: Hugh Hood (Appellant's Counsel), Mark Uptegrove, and others representing the State.*

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RE-2018-1006

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-1006** **Jose Adolfo Rios, Appellant,** **vs.** **The State of Oklahoma, Appellee.** **Summary Opinion** **Judge Lumpkin:** Appellant, Jose Adolfo Rios, appeals from the revocation in full of his concurrent ten-year suspended sentences in Case No. CF-2006-6132. The Honorable Ray C. Elliott, District Judge, ruled on this matter. On April 4, 2008, Appellant entered a guilty plea to two counts of Rape in the First Degree and two counts of Indecent or Lewd Acts With a Child Under Sixteen, resulting in sentences of twenty-two years for the rape counts (with the first twelve years suspended) and twenty years for the lewd acts counts (with the first ten years suspended), all to run concurrently. On July 25, 2018, the State filed an Application to Revoke Suspended Sentence, asserting multiple violations of probation, including failing to report, change of address, pay supervision fees, attend mandated treatment, and committing a new crime—Domestic Assault and Battery With a Dangerous Weapon. During the revocation hearing before Judge Elliott, substantial evidence was presented regarding Appellant's violation of probation terms, including testimonies from Appellant’s probation officer and other evidence illustrating Appellant's failure to comply with treatment and reporting requirements. Appellant testified about personal struggles following a crime in which he was a victim, stating he had fallen victim to substance abuse and homelessness. After reviewing the evidence, Judge Elliott found sufficient basis to revoke the suspended sentences, having established by a preponderance of the evidence that Appellant had committed multiple violations, including failing to report and failing to attend treatment. **Proposition of Error:** Appellant argues that the trial court abused its discretion in fully revoking his sentence, asserting that Judge Elliott did not adequately consider alternatives to full revocation. **Analysis:** The decision to revoke a suspended sentence is within the discretion of the trial court and will not be overturned without evidence of abuse of that discretion. Here, Judge Elliott had unrefuted evidence of Appellant's violations. The record demonstrates that Appellant acknowledged his failures and did not meet the terms of probation. While Appellant claimed that less severe measures should have been considered, the applicable statutes do not mandate such considerations during revocation proceedings. As such, Appellant has not demonstrated that the trial court erred or abused its discretion in revoking the sentences in full. **Decision:** The order of the District Court of Oklahoma County revoking Appellant's concurrent ten-year suspended sentences is AFFIRMED. **Appearances:** **For Appellant:** Ben Munda, Assistant Public Defender Hallie Elizabeth Bovos, Assistant Public Defender 320 Robert S. Kerr, Suite 400 Oklahoma City, OK 73102 **For the State:** Suzanne Lavenue, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma Tessa L. Henry, Assistant Attorney General 320 Robert S. Kerr, Suite 505 Oklahoma City, OK 73102 **Opinion By:** Lumpkin, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. MANDATE is ORDERED issued upon the filing of this decision. [Download Full Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1006_1734358375.pdf)

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C-2018-1174

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### IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA **Case No. C-2018-1174** **OCT 31, 2019** **STEVEN JOSEPH BEATY, Petitioner, v. THE STATE OF OKLAHOMA, Respondent.** **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Steven Joseph Beaty entered guilty pleas to the following charges in the District Court of Grady County, Case No. CF-2018-115: **Count I** - Felony Domestic Assault and Battery, After Former Conviction of Two or More Felonies (21 O.S.Supp.2014, § 644 (C)); **Count II** - Misdemeanor Violation of Protective Order (22 O.S.Supp.2012, § 60.6); **Count III** - Obstructing An Officer (21 O.S.Supp.2015, § 540). The Honorable Kory Kirkland accepted the pleas on October 16, 2018. The sentences imposed included the following: **Count I** - ten (10) years imprisonment with the last seven (7) years suspended and a $500.00 fine; **Count II** - one year imprisonment and a $200.00 fine; **Count III** - one year imprisonment and a $100.00 fine, with all sentences served concurrently and additional requirements such as costs, victim compensation assessments, and referral to the Batterer's Intervention Program. On October 25, 2018, Petitioner filed a motion to withdraw his guilty pleas. After a hearing on November 13, 2018, Judge Kirkland denied the motion. Petitioner now appeals this denial and raises the following propositions of error: 1. The lack of a factual basis for the plea renders it involuntary due to not being served with the Protective Order. 2. The trial judge failed to consider Petitioner’s ability to pay the victim compensation fee. 3. Petitioner was denied effective assistance of counsel during both the plea hearing and at the plea withdrawal hearing. **Analysis:** After thorough review of the petitions, records, and transcripts, the court finds no abuse of discretion in denying the motion to withdraw the guilty plea. A plea is evaluated based on whether it was voluntary and intelligent, requiring the Petitioner to show it was entered inadvertently or without consideration. In his first two propositions, Petitioner alleges he should have been allowed to withdraw his plea due to inadequate factual basis and failure to inquire about ability to pay the compensation fee. However, these claims were not raised in the motion to withdraw nor in the certiorari petition, waiving their consideration on appeal. In Proposition III, relating to ineffective assistance of counsel at the withdrawal hearing, Petitioner has not shown a reasonable probability that such deficiencies would have altered the outcome. The court affirms that the plea was knowing, voluntary, and not coerced. The claim about the court’s failure to record considerations for the victim compensation assessment is acknowledged; thus, that part of the assessment is vacated, and the case is remanded for a hearing to address this requirement properly. **Conclusion:** The Petition for a Writ of Certiorari is **DENIED**. The Judgment of the District Court is **AFFIRMED**. The current victim compensation assessments are **VACATED**, and the case is **REMANDED TO THE DISTRICT COURT** to consider all necessary factors for assessment under 22 O.S.2011, § 142.18(A). **OPINION BY**: LUMPKIN, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **COUNSEL FOR DEFENSE AT THE PLEA HEARING**: Bill Smith, P.O. Box 926, Norman, OK 73070 **COUNSEL FOR PETITIONER ON APPEAL**: Danny Joseph, Oklahoma City, OK **COUNSEL FOR THE STATE**: Jason M. Hicks, District Attorney, Kara Bacon, Assistant District Attorney, Chickasha, OK. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1174_1734227971.pdf)

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F-2018-626

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In the case of Carl Douglas Crick, Jr. v. The State of Oklahoma, the Court of Criminal Appeals of Oklahoma reviewed Crick's appeal following a jury trial that found him guilty of multiple counts of sexual offenses, including first degree rape and lewd acts with a child. Crick received life sentences for certain counts, while others received lesser prison terms. The trial court ordered some sentences to run concurrently and others consecutively. Crick's main contention on appeal was that he received ineffective assistance of counsel, specifically citing his attorney's failure to present certain witnesses and to object to improper testimony from a prosecution witness that allegedly vouched for the credibility of the victim. The court applied the standard set forth in Strickland v. Washington, which requires the appellant to show that his counsel’s performance was deficient and that this deficiency prejudiced the outcome of the trial. The court determined that the evidence presented by Crick did not clearly demonstrate a strong possibility that counsel’s performance fell below constitutional standards. As such, Crick's request for an evidentiary hearing to further explore these claims was denied. The court also assessed the claim concerning the prosecution witness's testimony. It concluded that the alleged vouching was not comparable to previous cases that warranted reversal, thus affirming that counsel's choice not to object did not amount to deficiency. Ultimately, the Court of Criminal Appeals affirmed the judgment and sentence of the trial court, indicating that Crick had not established a violation of his right to effective counsel. The decision was issued with a note for the mandate to be ordered upon delivery and filing of the decision.

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F 2018-0812

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In the Court of Criminal Appeals of the State of Oklahoma, the case of Cesar Jurado is summarized as follows: **Background:** Cesar Jurado pled guilty in multiple cases in December 2015, including felonies for Possession of a Controlled Dangerous Substance With Intent to Distribute, among other charges. After completing a Delayed Sentencing Program for Youthful Offenders, his sentences were deferred until June 14, 2026. **Acceleration of Sentences:** In January 2018, the State sought to accelerate Jurado's deferred sentences, claiming he committed new crimes, including Murder in the First Degree and Assault with a Deadly Weapon. Following a hearing in July 2018, Jurado's deferred sentences were accelerated, resulting in life imprisonment on several counts, which were to run concurrently. **Appeal:** Jurado appealed the trial court's decision to accelerate his sentences, arguing that it was an abuse of discretion based on the uncorroborated testimony of an unreliable witness, who did not provide in-person testimony. **Court's Decision:** The appellate court affirmed the ruling of the lower court, finding no abuse of discretion in allowing the State to introduce the transcript of a preliminary hearing as evidence. The court noted that the Appellant's counsel had the opportunity to confront and cross-examine witnesses during the preliminary hearing. The standard of proof for violations of deferred sentences is a preponderance of the evidence, and the trial court has discretion in such matters. **Conclusion:** The Court of Criminal Appeals affirmed the acceleration of Jurado's deferred sentences, concluding that the trial court acted within its discretion based on the evidence presented. **Mandate:** The mandate for this decision is to be issued upon the filing of this opinion. **Opinion by:** Judge Hudson, with Judges Lewis and Kuehn concurring, and Judge Rowland recused. For more detailed information, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-610_1735310684.pdf).

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RE-2018-1039

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **FRANK REVILLA PAIZ, JR.,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. --- **Case No. RE-2018-1039** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 12 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** On January 4, 2017, Appellant Frank Revilla Paiz, Jr., represented by counsel, entered guilty pleas to multiple charges including Possession of CDS - Methamphetamine (Count 2), Unlawful Possession of Drug Paraphernalia (Count 4), Driving Without a Driver's License (Count 5), Failure to Maintain Insurance or Security (Count 6), and Failure to Pay Taxes Due to the State (Count 7) in Woodward County Case No. CF-2016-114. He received an eight-year sentence for Count 2 and a one-year sentence for Count 4, with all but the first year suspended, subject to probation conditions. Sentences were concurrent. On the same day, Paiz pleaded guilty in Woodward County Case No. CF-2016-117 to Possession of Controlled Dangerous Substance - Methamphetamine (Count 1) and Unlawful Possession of Drug Paraphernalia (Count 2), receiving similar sentences. On June 2, 2017, the State filed an Application to Revoke Paiz's suspended sentences in Cases CF-2016-114 and CF-2016-117, citing new charges for Possession of Controlled Dangerous Substance in Case No. CF-2017-142 and failure to pay court costs. Paiz pled guilty to the new offense, receiving a suspended sentence of ten years, contingent on completing a drug treatment program. The State filed another Application to Revoke on August 14, 2018, due to new charges of Carrying Weapons and violations of probation. Following a revocation hearing on September 28, 2018, Paiz stipulated to the allegations, leading to the revocation of approximately 2,495 days of suspended sentences by the District Court of Woodward County. Paiz appeals, arguing the revocation was excessive and constitutes an abuse of discretion. He cites that simple possession became a misdemeanor effective July 1, 2017, and criticizes the court for not exploring alternate sanctions. The scope of review in a revocation appeal focuses on the validity of the revocation order. This Court has held that even a single violation justifies revocation. Paiz admitted to multiple violations and new criminal activity, justifying the District Court's actions. **DECISION**: The revocation of Paiz's suspended sentences in Woodward County Case Nos. CF-2016-114, CF-2016-117, and CF-2017-142 is **AFFIRMED**. **Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF WOODWARD COUNTY, THE HONORABLE DON A. WORK, ASSOCIATE DISTRICT JUDGE** --- **APPEARANCES AT TRIAL:** **CURTIS BUSSETT, ATTORNEY AT LAW** P.O. BOX 1494 CLINTON, OK 73601 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL:** **CHAD JOHNSON** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **SUSAN K. MEINDERS** **MIKE HUNTER** ASST. DISTRICT ATTORNEY WOODWARD COUNTY 1600 MAIN STREET WOODWARD, OK 73801 **COUNSEL FOR THE STATE** **CAROLINE E.J. HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21 ST STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** **OPINION BY: ROWLAND, J.:** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1039_1734355896.pdf)

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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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M-2018-335

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JULIUS LAMAR WRIGHT,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE 2018-0144** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: Appellant Julius Lamar Wright entered a plea of guilty in the District Court of Oklahoma County, Case No. CF-2009-228, for Count 1 - Possession of a Controlled Dangerous Substance With Intent to Distribute (Marijuana) and Count 2 - Possession of Drug Paraphernalia. On April 28, 2009, Appellant received a five-year deferred sentence on each count. On March 6, 2012, Appellant pled guilty to allegations in the application to accelerate his deferred sentences, resulting in a ten-year suspended sentence (first five years in custody) for Count 1, and one year in the Oklahoma County Jail for Count 2. These sentences were ordered to run concurrently with each other and with CF-2011-1457. Appellant was charged with Domestic Abuse by Strangulation on December 9, 2015, in Oklahoma County District Court Case No. CF-2015-8860. He entered a no contest plea and was given a ten-year suspended sentence with probation conditions, which ran concurrently with the earlier cases and included credit for time served. The State's motion to revoke Appellant's suspended sentence in Case No. CF-2009-228 due to the new charge and failure to pay restitution was dismissed on June 28, 2016, as part of the plea agreement in Case No. CF-2015-8860. On June 29, 2017, the State filed a motion to revoke Appellant's suspended sentences in Cases CF-2009-228 and CF-2015-8860, alleging a new crime of Possession of a Controlled Dangerous Substance in Oklahoma County District Court Case No. CF-2017-2733. After a revocation hearing on January 31, 2018, Appellant's suspended sentences in both cases were revoked. Appellant appeals the revocation of his suspended sentences, raising two propositions of error: 1. The evidence presented during his revocation hearing should have been excluded as it was obtained through egregious police conduct violating his Fourth Amendment rights. 2. The trial court abused its discretion by revoking Appellant's sentences in full, constituting a violation of his due process rights and resulting in an excessive sentence. We affirm the District Court's decision to revoke Appellant's suspended sentences in full. Appellant's first argument was not raised at the revocation hearing, leading us to review for plain error. To claim relief under the plain error doctrine, Appellant must prove: (1) an actual error occurred; (2) the error is clear and obvious; and (3) the error affected his substantial rights, impacting the outcome of the hearing. We find no plain error and conclude that the trial judge did not abuse discretion in finding Appellant violated the conditions of his suspended sentences. Regarding the second argument, the court has broad discretion in revoking suspended sentences, and this discretion will not be disturbed without showing an abuse thereof. Appellant has not demonstrated any such abuse. **DECISION** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2009-228 and CF-2015-8860 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the filing of this decision. **REVOCATION APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **APPEARANCES ON APPEAL REVOCATION PROCEEDINGS** **THOMAS HURLEY** **MARVA A. BANKS** Assistant Public Defender Oklahoma County Public Defender's Office 611 County Office Building 320 Robert S. Kerr Oklahoma City, Oklahoma 73102 Counsel for Defendant **KIRK MARTIN** Assistant District Attorney Oklahoma County 320 Robert S. Kerr Suite 505 Oklahoma City, Oklahoma 73102 Counsel for the State **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur **[PDF VERSION AVAILABLE HERE](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-335_1734421708.pdf)**

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J-2019-162

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **B.M.M., Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. J-2019-162** **FILED JUN 20 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **HUDSON, JUDGE:** On August 12, 2016, a Youthful Offender Information was filed in Tulsa County District Court Case No. YO-2016-28, charging Appellant with multiple offenses including Robbery with a Firearm and Possession of a Stolen Vehicle. Appellant entered negotiated guilty pleas on November 28, 2016, receiving a ten-year sentence as a Youthful Offender, with sentences running concurrently. Following completion of the Youthful Offender Program, Appellant was paroled in February 2019. During a March 2019 hearing, mandated by 10A O.S.Supp.2018, § 2-5-209, Judge Priddy transitioned Appellant to a seven-year deferred sentence under the Department of Corrections, a decision Appellant now appeals. This matter was decided on the Accelerated Docket with oral arguments heard on May 30, 2019. The district court’s bridging of Appellant to the supervision of the Department of Corrections is **AFFIRMED**. **Propositions of Error:** **1. No State Motion to Bridge:** Appellant contends the district court erred by bridging him to an adult sentence without a state motion. The court correctly followed 10A O.S.Supp.2018, § 2-5-209, allowing placement on probation without a state motion. Appellant did not demonstrate an abuse of discretion based on performance in the program. **2. Knowingly Entered Pleas:** Appellant asserts his guilty pleas were not entered knowingly but does not seek to withdraw them. As such, this claim seeks advisory relief, which the Court denies. **3. Abuse of Discretion on Bridging Decision:** Appellant reasserts that the decision to bridge him was an abuse of discretion. Following the statutory guidelines, the Court finds no abuse of discretion has occurred. **Conclusion:** The Judgment and Sentence is **AFFIRMED**. MANDATE will issue upon filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY** **THE HONORABLE TRACY PRIDDY, DISTRICT JUDGE** **APPEARANCES AT TRIAL:** **COUNSEL FOR DEFENDANT:** Kayla Cannon, Assistant Public Defender **COUNSEL FOR STATE:** Kevin Keller, Assistant District Attorney **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR IN RESULTS **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [Download PDF for full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-162_1734446225.pdf)

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RE-2018-425

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT JOSEPH CLARK, JR.,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-425** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 9, 2015, Appellant Clark, represented by counsel, entered a guilty plea to Count 1, Possession of a Controlled Dangerous Substance (CDS) (Methamphetamine), and Count 2, Possession of a CDS (Psilocybin) in Oklahoma County Case No. CF-2014-8289. Sentencing was deferred for five (5) years, subject to terms and conditions of probation. On September 9, 2015, Clark's sentence in Case No. CF-2014-8289 was accelerated, and he was sentenced to eight (8) years each for Counts 1 and 2, all suspended, with terms and conditions of probation. That same date, Clark entered a guilty plea to Count 1, Assault and Battery with a Dangerous Weapon, and Count 2, Possession of a CDS in Oklahoma County Case No. CF-2015-3126. He was sentenced to eight (8) years for each count, all suspended, also subject to terms and conditions of probation. Clark's sentences in Case No. CF-2015-3126 were ordered to run concurrently with his sentences in Case No. CF-2014-8289. Additionally, Clark entered a guilty plea in Oklahoma County Case No. CF-2015-3693 for Possession of a CDS, receiving a sentence of three (3) years, all suspended, which was ordered to be served consecutively to his sentence in Case No. CF-2015-3126. On March 24, 2017, the State filed an Application to Revoke Clark's suspended sentences in all three referenced cases, alleging the commission of new offenses in Oklahoma County Case Nos. CF-2016-7039 (possession of stolen property and possession of drug paraphernalia) and CM-2016-2833 (obstructing an officer and failing to wear a safety belt). Following a revocation hearing on April 17, 2018, the District Court of Oklahoma County, presided over by the Honorable Ray C. Elliott, revoked Clark's suspended sentences in full. Clark's sole proposition of error on appeal alleges an abuse of discretion in revoking his suspended sentences, claiming that the sentence is excessive. The revocation of Clark's suspended sentences is AFFIRMED. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. We examine the basis for the factual determination and assess whether there was an abuse of discretion. It is established that violation of even one condition of probation is sufficient to justify the revocation of a suspended sentence. Based on the appeal record, there appears to be no merit in Clark's contention that the full revocation of his suspended sentences is excessive, nor do we find an abuse of discretion in Judge Elliott's decision. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2014-8289, CF-2015-3126, and CF-2015-3693 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** **THOMAS HURLEY** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY PUBLIC DEFENDER'S OFFICE** **611 COUNTY OFFICE BLDG.** **320 ROBERT S. KERR AVE.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KIRK MARTIN** **ASST. DISTRICT ATTORNEY** **OKLAHOMA COUNTY** **320 ROBERT S. KERR SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL 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/RE-2018-425_1734692953.pdf)

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RE-2018-231

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This summary opinion addresses the appeal of Latarsha Grant concerning the revocation of her suspended sentences in two criminal cases. Below is a concise breakdown of the key points from the opinion: ### Background - Latarsha Grant was convicted in 2007 for Assault and Battery with a Dangerous Weapon (Case No. CF-2007-359) and sentenced to ten years with the sentence suspended. - In 2011, she was involved in new criminal activities leading to further actions against her suspended sentence. - By 2012, she had entered a guilty plea in a new case regarding drug distribution (Case No. CF-2011-269) with a concurrent ten-year suspended sentence after completing a rehabilitation program. - In 2017, a motion to revoke her suspended sentences was filed due to allegations of her involvement in a robbery, leading to the revocation hearing in 2018. ### Procedural History - The trial court, after hearing evidence, revoked her suspended sentences due to her involvement in the new crimes and appeared to find sufficient evidence against her. ### Appellate Claims Grant raised seven propositions of error, which the court proceeded to analyze: 1. **Competent Evidence**: The court found sufficient evidence that Grant had violated the terms of her suspended sentences. The evidence established her involvement in planning the robbery and her presence during the crime. 2. **Right to Confront Witnesses**: The court concluded that the hearsay issues raised were not applicable, as revocation procedures allow for such evidence. Furthermore, all relevant witnesses were available for cross-examination. 3. **Jurisdiction Concerns**: Grant's arguments relating to the trial court's jurisdiction or abuse of discretion regarding specific offenses were deemed misdirected, as they pertain to her original plea which she could challenge separately. 4. **Excessive Sentencing**: Grant claimed her overall sentence was excessive, but this is tied to the context of her behavior and criminal activities, which justified the trial court's decisions. 5. **Ineffective Assistance of Counsel**: Similar to the above, claims surrounding the inadequacy of her representation in court were not appropriately addressed in this revocation context and would need separate proceedings. 6. **Nunc Pro Tunc Orders**: Grant sought to correct inaccuracies related to her plea and sentencing, which would also need to be handled through a different legal mechanism than this appeal. ### Conclusion The appellate court affirmed the decision of the District Court to revoke the suspended sentences, stating that the evidence supported the trial court's findings. The court dismissed all of Grant's claims based on their analysis of procedural and evidential standards, emphasizing the limitations of their review scope in revocation appeals. ### Decision Issued The order to revoke the concurrent suspended sentences was **AFFIRMED**. The court ordered the issuance of the mandate. ### Document Access A link to the full opinion is provided for those seeking detailed legal reasoning: [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-231_1734701780.pdf).

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F 2018-0398

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STEVE GRAYSON FALEN, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **No. F 2018-0398** **May 23, 2019** **SUMMARY OPINION** **JOHN D. HADDEN LEWIS, PRESIDING JUDGE:** Appellant, Steele Grayson Falen, was charged on March 14, 2013, in Beckham County District Court Case No. CF-2013-106 with various offenses including Count 1 - Unlawful Possession of Controlled Drug with Intent to Distribute (felony), Count 2 - Possession of Controlled Dangerous Substance (misdemeanor), and Count 3 - Unlawful Possession of Drug Paraphernalia (misdemeanor). Following a guilty plea on January 23, 2014, he received a ten-year deferred sentence for Count 1 and one year for Counts 2 and 3, all to run concurrently, with credit for six months served in treatment. Later, on November 12, 2014, Appellant faced additional charges in Case No. CF-2014-446 involving burglary-related offenses. Consequently, the State sought to accelerate his deferred sentences linked to the new charges. Under a plea agreement, Appellant joined the Beckham County Drug Court Program on June 23, 2015, where he would face a significant sentence if he failed to complete the program successfully. The State filed to terminate Appellant from the Drug Court on February 21, 2018, citing early exit from treatment and subsequent arrest. After a revocation hearing on April 6, 2018, he was sentenced to 20 years for Count 1 and associated consequences for Counts 2 and 3 from both cases with sentences ordered to run concurrently. Appellant now appeals the termination from Drug Court, asserting that the trial court abused its discretion. However, findings indicate no abuse of discretion occurred as the Drug Court Act emphasizes the judge’s authority to revoke participation when conduct warrants termination. **DECISION** The termination of Appellant from the Beckham County Drug Court Program in both Case Nos. CF-2013-106 and CF-2014-446 is **AFFIRMED**. **APPEARANCES** *Counsel for Defendant:* J. Cade Harris, Appellate Defense Counsel Nicollette Brandt, Counsel *Counsel for the State:* Gina R. Webb, Assistant District Attorney Mike Hunter, Attorney General Theodore M. Peeper, Assistant Attorney General **OPINION BY:** LEWIS, P.J. *KUEHN, V.P.J.: Concur in Results* *LUMPKIN, J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur*

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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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RE-2017-801

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**Court of Criminal Appeals of the State of Oklahoma** **Case Summary** **Appellant:** Donald Antwan Mayberry **Appellee:** State of Oklahoma **Case No:** RE-2017-801 **Judges:** John D. Hudson (Chief Judge), Lewis, Kuehn (Vice Chief Judge), Lumpkin, Rowland (Judges) **Date Filed:** April 18, 2019 **Overview:** Donald Antwan Mayberry appealed the full revocation of his ten-year suspended sentences imposed by the District Court of Oklahoma County, presided over by Judge Timothy R. Henderson. Mayberry had previously pleaded guilty to two counts of Assault and Battery with a Dangerous Weapon, which resulted in concurrent ten-year suspended sentences under probation. **Revocation Proceedings:** The State filed an application to revoke Mayberry's suspended sentences, alleging several violations, including: 1. Committing new crimes (including Manufacturing or Possessing an Explosive Device). 2. Using methamphetamine while on probation. 3. Failing to pay probation fees. 4. Driving while his license was suspended. At the revocation hearing, the State presented evidence from law enforcement officers and Mayberry’s probation officer. Notable testimony included: - Sergeant Anthony Lee described a traffic stop of Mayberry's vehicle, where he discovered drugs and an ammo box containing bomb components. - Scott Dawson, a bomb technician, testified about the nature of the device found, indicating it could function as an improvised explosive device (IED). - Probation officer Brooke LeFlore reported Mayberry’s positive drug test for methamphetamine. Mayberry did not present any evidence in his defense. Judge Henderson concluded that Mayberry violated probation terms by committing the new crimes and using drugs, leading to the full revocation of his suspended sentences. **Propositions of Error:** 1. **Insufficient Evidence for Manufacturing an Explosive Device:** - Mayberry argued that the State failed to establish his intent to use the bomb or to send it to another person, as required by statute. - The court held that the evidence presented was sufficient to infer intent to intimidate or unlawfully damage property, and that one proven violation of probation was enough to justify revocation. 2. **Abuse of Discretion in Revocation Decision:** - Mayberry contended that the trial court abused its discretion by revoking his sentence in full, arguing that the punishment was excessive. - The court maintained that the presence of bomb-making materials and other violations substantiated the revocation decision. **Conclusion:** The Court affirmed the trial court's decision to revoke Mayberry's ten-year concurrent suspended sentences in full, finding that the evidence was adequate to support the conclusions of the trial judge. **Final Order:** Appellant's revocation of suspended sentences is **AFFIRMED**. The mandate is ordered to be issued. **Counsel for Appellant:** Pierce Winters, Marva A. Banks (Oklahoma County Public Defender’s Office) **Counsel for Appellee:** Kelly Collins, Mike Hunter (assistant district attorneys); Theodore M. Peeper (assistant attorney general) **Opinion Issued By:** Judge Hudson **Concurrences:** Judges Lewis, Kuehn, Lumpkin, and Rowland each concurred with the decision. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-801_1734709994.pdf)

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C-2018-489

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**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

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RE-2016-1049

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In OCCA case No. RE-2016-1049, George appealed his conviction for violating the conditions of his probation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence in one case and reversed the revocations in three other cases with instructions to dismiss. One judge dissented. George had a history of criminal activity, including a guilty plea to second-degree statutory rape. He received a sentence with parts suspended, allowing him to leave prison if he followed probation rules, including not having contact with minors. This became an issue when George was found to be in contact with his biological son, which he claimed was unconstitutional since he was not the victim of his previous crime. During a hearing, evidence showed that George was discovered with a child, and while he later claimed that it was his son, the court found that the state proved he violated his probation by having contact with a minor. The court affirmed the revocation in the case where this violation occurred, stating that a single violation is enough to revoke probation. However, George was also accused of failing to pay court costs in three other cases. The court decided that there wasn’t enough evidence to prove he failed to pay, thus reversing the decision to revoke his probation in those cases. The court instructed the lower court to dismiss those revocations. This decision recognized the importance of proving probation violations with solid evidence, especially regarding financial obligations.

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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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RE-2018-357

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE NO. RE-2018-357** **JAMES MONROE JONES, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** James Monroe Jones (Appellant) appeals from the revocation of his suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519, adjudicated by the Honorable Timothy R. Henderson, District Judge, in the District Court of Oklahoma County. On June 16, 2010, Appellant pled guilty in Cases CF-2008-7440, CF-2010-130, and CF-2010-290, receiving concurrent sentences with significant portions suspended. Specifically, in CF-2008-7440, he was convicted of two counts of Concealing Stolen Property and sentenced to fifteen years on each count, with the first five years served. Similar sentences were imposed for offenses stemming from the other cases. On May 1, 2015, Appellant entered a negotiated nolo contendere plea in CF-2013-6519 for an amended count of Concealing Stolen Property, resulting in a ten-year sentence with the first year served. On August 26, 2016, the State filed applications to revoke Appellant's suspended sentences due to reported violations, including failure to report, change of address, and new criminal activity related to Domestic Assault and Battery. Enhanced allegations were added on March 7, 2018, encompassing additional crimes attributed to Appellant. A hearing was conducted on April 2, 2018. Appellant's counsel objected to the State's evidence, citing inadequate discovery. The trial court, however, noted Appellant had received relevant documents previously, and dismissed the objections after reviewing the evidence. Judge Henderson ultimately found Appellant had violated his probation through specific new criminal conduct and revoked his suspended sentences in full. Appellant presents two propositions of error on appeal: **PROPOSITION I:** The trial court violated Jones's right to due process and a fair trial under the Fourteenth Amendment and Article II § 7 of the Oklahoma State Constitution. **PROPOSITION II:** Defense counsel failed to prepare adequately for trial, resulting in ineffective assistance of counsel. **ANALYSIS** In addressing Proposition I, Appellant contends that the overruling of his objections regarding discovery violations deprived him of due process. It is established that defendants have minimal due process rights in revocation hearings, including evidence disclosure. However, since Appellant’s counsel did not request discovery prior to the hearing, the burden falls on them for preparation. The trial court did not deny Appellant the opportunity to defend—therefore, Proposition I is denied. Regarding Proposition II, Appellant asserts his counsel's ineffectiveness based on a lack of preparedness stemming from unrequested discovery. The Strickland standard evaluates ineffective assistance claims through performance deficiency and resultant prejudice. Appellant has not substantiated claims that better-prepared counsel would have altered the outcome, as evidence showed several violations were confirmed. Thus, Proposition II is also denied. **DECISION** The order from the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519 is **AFFIRMED**. --- **APPEARANCES:** **AT TRIAL** Katie Samples, Assistant Public Defender Marva A. Banks, Assistant Public Defender **ON APPEAL** David Nichols, Assistant District Attorney Mike Hunter, Attorney General Keeley L. Miller, Assistant Attorney General **OPINION BY:** LUMPKIN, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-357_1734695459.pdf)**

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RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and other charges. In a published decision, the court decided to affirm the revocation of his suspended sentences but directed the District Court to modify the orders so that the sentences would run concurrently. The dissenting opinion was not specified. Here's a simplified summary of what happened: Jerry Clemons was found guilty in two cases. He pleaded guilty to Home Repair Fraud in one case and robbery and property damage in another. He was given suspended sentences, meaning he would not go to prison if he followed rules and conditions of probation, like reporting to a probation officer and not changing his address without informing them. However, he did not follow these rules, which led the State to ask to revoke his suspended sentences. During a hearing, the judge decided to revoke Clemons' suspended sentences because he had failed to report as required and changed his address without telling his probation officer. Clemons argued that the State didn’t properly inform him about the reasons for the revocation and that they didn’t provide enough evidence to support their claims. He also said that the judge should not have revoked his sentence because the punishment was longer than what the law allowed for one of his charges. The court agreed with some of Clemons' points but stated that there was enough evidence to support the decision to revoke his suspended sentences. They found that he didn’t show how the judge made a wrong choice. However, they also recognized a mistake in how the sentences should be served. They ordered that all his sentences should run concurrently, meaning they would be served at the same time, rather than one after the other. In conclusion, Clemons' appeal was mostly not successful, but the court made important changes to ensure he would serve his time in a fair way according to the law.

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RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and Robbery By Force of Fear. In a published decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to modify its revocation orders to ensure that the sentences are served concurrently. One judge dissented. Clemons had pleaded guilty to several charges and was given suspended sentences with specific rules to follow. However, he later failed to report to his probation officer and changed his address without notifying them, which led the State to apply for the revocation of his suspended sentences. During the revocation hearing, the judge revoked Clemons' suspended sentences. Clemons appealed the revocation, arguing that he did not receive proper notice of the allegations against him, the State did not provide enough evidence for revocation, and that he was sentenced incorrectly for his misdemeanor charge. The court found that the State did indeed provide enough evidence to revoke the sentences and noted that some charges had already been corrected in an amended ruling regarding the length of his sentence for the misdemeanor. Moreover, the court determined that the revocation orders did not align with the original sentence where counts were meant to be served concurrently. Therefore, they directed the District Court to correct this mistake. In conclusion, while the revocation of Clemons' suspended sentences was largely upheld, the court required modifications to ensure that his sentences would run concurrently as originally intended. This led to a decision that balanced the need for imposed penalties with the requirement for proper procedure.

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