Court Minutes

C-2020-691

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In OCCA case No. C-2020-691, Raheem Travon Walker appealed his conviction for Assault and Battery on an Employee of a Juvenile Detention Facility. In an unpublished decision, the court decided to grant Walker's request to withdraw his guilty plea and go to trial. One judge dissented. To explain further, Walker was 17 years old when he pleaded guilty to the crime. He entered into a deal, thinking he would be part of a special program for young adults where his sentence would be delayed. However, later it was discovered that he was not eligible for this program due to a past juvenile record for robbery. Because of this ineligibility, the judge gave him a different sentence, which he believed was not what he had agreed to. After realizing that he did not get what he had bargained for, Walker asked if he could change his mind about the plea. A hearing took place, but his request was denied. He then appealed the decision, arguing that he was not helped properly by his lawyer during the process. The court found that he had a valid point since he entered the agreement expecting specific benefits, which were not provided. Because of this, the court decided he should have another chance and allowed him to withdraw his guilty plea. The dissenting opinion argued that Walker had not raised the issue of not having a proper plea form and thus had waived that right. They believed there was no mistake about the plea agreement and questioned whether Walker's claim had enough basis to warrant this new decision. Regardless, the majority found that Walker’s concerns about his plea and the sentence should be addressed by allowing him to go to trial.

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RE-2018-234

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JERRY WAYNE LANDS, NOT FOR PUBLICATION** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-234** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 30, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **KUEHN, VICE-PRESIDING JUDGE:** On March 7, 2008, Appellant Jerry Wayne Lands, represented by counsel, entered a negotiated plea of no contest to the charge of Possession of a Controlled Dangerous Substance (Methamphetamine) After Former Conviction of a Felony in Pittsburg County Case No. CF-2007-420. He was sentenced to ten (10) years, all suspended, subject to terms and conditions of probation. Between May 2008 and March 2009, at least five (5) applications to revoke his probation were filed. On December 5, 2008, Lands was charged with additional offenses and ultimately, on April 13, 2009, the district court revoked five years of his suspended sentence in Case No. CF-2007-420. Subsequent to Lands' guilty plea in Case No. CF-2008-526, where he received a ten-year sentence with five years suspended, the State filed multiple revocation applications in both cases. On October 26, 2017, the State filed another Application to Revoke Lands' suspended sentences, which culminated in a full revocation during a hearing held on July 11, 2017. **PROPOSITIONS OF ERROR:** 1. Lands contends that the trial judge abused his discretion by refusing to grant a continuance for him to hire counsel. 2. He argues there was no valid waiver of the twenty-day requirement, resulting in loss of jurisdiction to revoke his sentence. 3. He claims the evidence was insufficient to support the allegations in the revocation motions. 4. He asserts the revocation of his entire remaining sentences was excessive. **DECISION:** 1. **Continuance Denial:** The court found no abuse of discretion by Judge Hogan in denying the requested continuance, which was sought on the day of the hearing without prior notification of intent to hire private counsel. 2. **Waiver of the 20-Day Rule:** The waiver was valid despite Lands' claim that it was made without the representation of counsel, as the appellate record indicated he knowingly waived his right to a timely hearing. 3. **Sufficiency of Evidence:** The court ruled there was sufficient evidence to warrant revocation of Lands' suspended sentences. Violations of probation can be established by a preponderance of evidence, and the record supported the trial court's findings. 4. **Excessiveness of Revocation:** The court concluded that revocation of Lands' entire suspended sentences was not excessive, given his extensive history of probation violations. **RULING:** The order of the District Court of Pittsburg County revoking Appellant's suspended sentences is **AFFIRMED**. **COUNSEL:** *Appellant:* Wesley J. Cherry *Appellee:* Max E. Moss, Jr., Assistant District Attorney; Mike Hunter, Attorney General of Oklahoma **OPINION BY:** KUEHN, V.P.J. *LEWIS, P.J.: CONCUR* *LUMPKIN, J.: CONCUR IN RESULTS* *HUDSON, J.: CONCUR* *ROWLAND, J.: CONCUR* **MANDATE ORDERED.** For a complete view and reference, [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-234_1734698244.pdf).

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M-2017-739

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In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

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S-2012-554

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In OCCA case No. S-2012-553, Frank Lee Armstrong appealed his conviction for unlawful drug charges. In a published decision, the court decided to affirm the district court's ruling that suppressed the evidence obtained during the search of a vehicle occupied by Armstrong and Sheila Carol Johnson. Johnson also appealed her conviction in a related case, S-2012-554. The court found that the law enforcement officers did not execute the search warrant in a timely manner as required, which led to the suppression of the evidence. The judge's determination was based on the conclusion that the search was not conducted immediately as directed by the issuing judge, and therefore, the court upheld the lower court's decision, sustaining the motions to suppress. No dissenting opinion was filed.

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F-2008-963

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In OCCA case No. F-2008-963, Richard Lloyd VanMeter appealed his conviction for Driving Under the Influence of Intoxicating Liquor-Second Offense and multiple new charges. In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate him in the program based on the conditions of his plea agreement. One judge dissented.

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