Credit for Time Served

RE 2014-0706

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In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

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RE-2013-1177

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In OCCA case No. RE-2013-1177, Ford appealed his conviction for Domestic Assault and Battery by Strangulation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacate the sentencing portion, ordering that a new sentencing order not exceed the original sentence. No one dissented.

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RE-2013-1027

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In OCCA case No. RE-2013-1027, Justin Michael Jay appealed his conviction for Forgery in the Second Degree. In an unpublished decision, the court decided to reverse and remand the case for corrections. One judge dissented. Justin Michael Jay was in trouble with the law and had a suspended sentence, which means he wouldn’t have to serve time in jail if he followed the rules. He had pleaded guilty to forgery and was given a suspended sentence of five years, but he had to spend the first 30 days in jail. However, things changed when he was accused of breaking the rules of his probation. The State, which is the side that brings charges, said that Jay did not pay the money he owed for supervision, restitution (the money owed to victims), and court costs. They also noted that Jay was charged with more crimes: Domestic Abuse and Possession of Drug Paraphernalia. Because of these new charges and failures to pay, the State asked the court to revoke Jay's suspended sentence. The court held a hearing to discuss Jay's situation. After listening to the evidence and arguments, the judge decided to revoke the rest of Jay's suspended sentence. This meant that Jay would have to serve the time he had left, which was almost five years. Later, the court filed a document that said Jay was revoked for 4 years and 335 days, and that he would have to be supervised after getting out of jail. Jay appealed this decision, arguing two main points. First, he claimed that the amount of time the judge revoked was wrong because he should have received credit for more days served when he was part of a special program for youthful offenders. Both Jay and the State agreed on this point, saying he should have been credited for 183 days instead of just 30. Therefore, they asked to change the revocation time to 4 years and 182 days. The second point Jay argued was that the court did not have the authority to order him to be under supervision after finishing his time in jail because the law about that only applies to those who were sentenced after November 1, 2012. Since Jay's original guilty plea and sentencing were before that date, the judge should not have included that supervision requirement. In the end, the court agreed with Jay on both points. They reversed the judgment that included the incorrect time and the unnecessary supervision requirement. They ordered the lower court to make the corrections and update the documents accordingly.

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RE 2013-0850

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In OCCA case No. RE 2013-0850, Chief Allen Weston appealed his conviction for Domestic Assault and Battery by Choking. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to modify the sentence to give Weston credit for the ninety days he had already served in jail during his probation period. One judge dissented.

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RE-2012-0835

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In OCCA case No. RE-2012-835, Lon Adam Smith appealed his conviction for assault and battery with a dangerous weapon, domestic abuse, and possession of a firearm after a felony conviction. In a published decision, the court decided to reverse the sentences and send them back to the district court for changes. One judge dissented. The case involved three separate convictions against Lon Adam Smith, who had initially entered pleas of no contest to the charges. His sentences were suspended as long as he successfully completed certain rehabilitation programs. However, after some time, the state claimed Smith had not followed through with these programs, which led to a hearing where Smith admitted to the violations. During the revocation hearing, the judge revoked Smith's suspended sentences and imposed longer terms of imprisonment, which raised concerns about whether these new sentences were valid given the original ones. The main issue was that the original sentences had been improperly processed. The judge had not followed the correct procedures for delaying the imposition of sentences as required by law. The court found that Smith's original sentences were improperly extended due to the judge's actions at the revocation hearing. It was determined that since Smith's initial sentences were set on a specific date, any new sentences imposed could not exceed the original terms. Therefore, the court ruled that the revocation sentences needed to start from the date of the original sentences. In the end, the court reversed the judge's decision, which meant that Smith's sentences had to be adjusted to reflect the proper starting dates and terms. The court ordered the district court to amend the sentences accordingly. This decision helps ensure fairness in the legal process and clarifies how long someone can be sentenced for violations of probation.

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C-2013-309

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In OCCA case No. C-2013-309, the petitioner appealed his conviction for possession of controlled substances and possession of contraband. In a published decision, the court decided to deny his request to withdraw his guilty plea and affirmed the lower court's judgment and sentence. One justice dissented. The case involved Joseph Leonard Cox, Jr., who entered a guilty plea to charges related to drug possession. This plea was part of a deal to resolve two separate cases. The court sentenced him to ten years in prison for one charge and five years for another, with some fines. The sentences would run at the same time, which means he would serve them together. Later, Cox wrote a letter that seemed to ask to take back his guilty plea. The court had a hearing about this but decided not to let him withdraw the plea. Cox's main arguments were that he was pressured into his plea, his lawyer did not help him enough, and he wanted a new hearing to challenge his plea. However, the court found that there wasn’t enough evidence to show he was coerced into pleading guilty. They also determined that his legal representation during the hearing was sufficient. The court noted that the rules allowed for his past time in jail to be counted toward his sentence, and they directed the lower court to correct its records to reflect this. In summary, they denied his request but agreed on the correction of his time served in the sentencing documents. Thus, the earlier decision of the district court was largely upheld.

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F-2012-478

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In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

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J-2013-87

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In OCCA case No. J-2013-87, J.C.T. appealed his conviction for Robbery With a Weapon. In an unpublished decision, the court decided to affirm the district court's order bridging him to the Department of Corrections and stated that he should be sentenced to twelve years, suspended, and granted credit for time served. One judge dissented. J.C.T. was charged as a youthful offender in 2011 and initially received a twelve-year sentence that was suspended as part of a plea agreement. He was supposed to enter a rehabilitation program. However, after allegations of serious misconduct, the State moved to transfer him to adult custody. A hearing was held to determine whether his actions warranted this change. The court reviewed the evidence and ultimately decided that the state had established a valid reason for transferring J.C.T. to the Department of Corrections. He was found guilty of not complying with the original terms of his sentence. The law allowed for such a transfer based on his behavior while under supervision. During the appeal, J.C.T. raised several issues. He argued that the trial court had misused its discretion by changing the suspension of his sentence to actual time in prison. J.C.T. believed he should only receive the suspended sentence as originally agreed upon. The court had to look at the invalidity of the new sentence imposed and the interpretation of relevant statutes regarding youthful offenders. Ultimately, the OCCA concluded that the district court needed to resentence J.C.T. to follow what was originally agreed—a suspended sentence of twelve years—and provide time served. This ruling was based on the court's interpretation of laws surrounding youthful offenders and the limits on sentencing options upon being bridged to the Department of Corrections. One judge agreed with the majority but argued that the district court had made a correct decision in sentencing J.C.T. to the twelve-year prison term because it reflected a consequence of his violating the terms of his original agreement. However, another judge believed the initial ruling should stand without any changes.

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RE 2012-0848

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In OCCA case No. RE 2012-0848, Andrell Jackson appealed his conviction for possession of a controlled dangerous substance and related charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence for one of the cases but vacated the revocation for the other case and sent it back for further proceedings. One judge dissented.

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RE-2011-606

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In OCCA case No. RE-2011-606, Douglas Raymond Norwood appealed his conviction for unlawful possession of a controlled drug (cocaine) with intent to distribute. In an unpublished decision, the court decided to affirm the order revoking Norwood's suspended sentences but vacated the portion of the order that unlawfully lengthened his sentences. One judge dissented. Here's a simple summary of what happened in the case: Norwood was given a six-year sentence for possessing cocaine, but this was suspended, meaning he didn’t have to go to jail right away if he followed certain rules. Later, he had problems following those rules, which led to more charges against him for drug possession. He confessed to these new charges and took a plea deal, which resulted in longer sentences. After some time, a judge reviewed his case and decided to reduce his sentences but required him to go to a program called Avalon after he got out of jail. Norwood didn’t manage to get into Avalon because he couldn't pay the admission fees, which led the judge to completely revoke his suspended sentences. Norwood argued in court that the judge shouldn’t have done that because he had followed some of the rules, and he claimed he didn't intend to break those rules. However, the court found that he didn’t follow the requirement to report to Avalon properly. In the final decision, the court agreed with Norwood about a mistake in how his sentence was handled, stating that the judge had taken away more time than he should have. But overall, the court decided that Norwood had violated his probation, so he had to serve his time in jail as determined by the judge.

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F-2011-684

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In OCCA case No. F-2011-684, Harold Robert Walker, Jr. appealed his conviction for Driving a Motor Vehicle While Under the Influence of Drugs (Second Offense), Possession of Controlled Substance (Marijuana) (Second Offense), and Carrying a Concealed Weapon. In an unpublished decision, the court decided to affirm the termination of Walker's participation in the Drug Court program, but it remanded the case to correct sentences that exceeded the maximum punishment allowed by law. One justice dissented on the issue of resentencing.

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F-2011-1054

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In OCCA case No. F-2011-1054, Michael Don Bryant appealed his conviction for Grand Larceny. In a published decision, the court decided to affirm Bryant's conviction and sentence but ordered that his Judgment and Sentence be corrected to accurately reflect the crime he was convicted of. One judge dissented. Michael Don Bryant had a trial by jury and was found guilty of Grand Larceny in Logan County. He was sentenced to one year in prison and had to pay a fine. After the trial, Bryant appealed, claiming a few mistakes happened during his trial. First, he said that the prosecutor made some unfair comments during closing arguments that hurt his chances of a fair trial. Bryant believed that the way the prosecutor spoke about his defense was wrong and led the jury to be biased against him. However, the court did not agree that these comments made the trial unfair. Second, he argued that a police officer gave evidence that should not have been allowed in the trial. The officer talked about the surveillance cameras and the cables that were involved in the case. Again, the court found that while the officer's comments might have seemed odd, they did not prove to be a big mistake in the trial. Lastly, Bryant pointed out that there was a problem with the official documents after his trial. The papers said he was convicted of embezzlement, but he was actually found guilty of Grand Larceny. Bryant wanted the court to fix this mistake and to make sure he got credit for time he had already served in jail. The court agreed that there was a mistake in the official documents and sent the case back to fix the paperwork. However, they kept Bryant's conviction and sentence the same.

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F-2011-671

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In OCCA case No. F-2011-671, Cruz appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Cruz was found guilty because he used a knife to attack another person. The main question was whether he acted in self-defense. The jury believed that Cruz was the aggressor and that the victim was unarmed when he was attacked. Cruz said he acted in self-defense, but the court found that the jury had enough evidence to support their decision that he did not qualify for this defense. Cruz raised several issues in his appeal. Firstly, he claimed that the evidence was not strong enough to convict him. However, the court said that the evidence was enough for a reasonable person to conclude that he was guilty without self-defense. Next, Cruz said there was a problem with how the jury was chosen and that it affected the trial. The court disagreed and said that the trial judge acted correctly when explaining how long the trial would take. Cruz also mentioned that he should have been credited for the time he spent in jail before the trial. The court agreed that this was an important point but noted there was no written record of this credit. However, they decided the case should be sent back to the lower court to correct this and make sure he received proper credit. He argued about the restitution order, saying the court should have determined how much he needed to pay. The court stated there was no error because a hearing was scheduled to decide on restitution after he was released. Cruz felt that the sentence he received was too harsh and that the fee for his attorney was excessive. The court ruled that the sentence was fair considering the crime and that the attorney fee would be reviewed later to check if it needed to be lowered. Lastly, Cruz claimed all the mistakes added up to mean he did not have a fair trial. The court ruled there were no real errors, so this point did not apply. In conclusion, the court confirmed the conviction and sentence but ordered that Cruz's sentence be revised to include credit for time served.

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C-2011-875

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In OCCA case No. C-2011-875, #Edgar Lee Ussery appealed his conviction for #possession of a controlled dangerous substance with intent to distribute. In an #unpublished decision, the court decided #to deny the petition for a writ of certiorari. #No one dissented. In this case, Edgar Lee Ussery entered a guilty plea to two counts of possession with intent to distribute drugs. He did this after a previous felony conviction. By working with the Drug Court program, he hoped to avoid a long prison sentence. However, if he did not complete the program, he faced up to twenty years in prison for each count. Later, the state asked to terminate Ussery's participation in the Drug Court because of new felony charges he faced. The judge agreed, and Ussery was sentenced to twenty years in prison for each count, served at the same time. Ussery wanted to take back his guilty plea, so he asked the court to let him withdraw it. He argued that the court wrongly kicked him out of Drug Court. He also claimed that he didn’t fully understand what he was pleading to at the time. The court looked at these claims. They found that Ussery knew what he was agreeing to when he made his plea. They also decided that the judge wasn't wrong to remove him from Drug Court based on his new felony charges. However, Ussery pointed out some mistakes in the process. He argued that the judgment didn’t show he got credit for the time he had already served and incorrectly said he had two previous felony convictions instead of one. The court agreed that his sentence needed some correction to reflect he would get credit for time served and recognized that only one felony conviction was used for his case. They sent the case back to fix these issues but left the other parts of Ussery’s sentence the same. In conclusion, the court denied his request to withdraw his plea, but they did agree to fix some details about how his conviction was recorded.

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RE-2010-9

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In OCCA case No. RE-2010-9, Steven B. Baker appealed his conviction for misdemeanor Resisting an Officer and felony Assault with a Dangerous Weapon and Possession of a Controlled Drug (Cocaine Base). In a published decision, the court decided to affirm the revocation of Appellant's suspended sentences, but recognized that Appellant was entitled to credit for time he had already served. One judge dissented.

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F-2009-959

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In OCCA case No. F-2009-959, the appellant appealed his conviction for driving under the influence and driving with a suspended license. In an unpublished decision, the court decided to affirm most of the lower court's decisions while modifying one of the fines imposed. One member dissented. Napoleon Eugene Manous was tried by jury in the District Court of Okmulgee County, where he was found guilty of two counts: one for driving a motor vehicle while under the influence of alcohol and another for driving with his license suspended. The jury sentenced him to seven years in prison with treatment and a fine for the first count, and to six months in jail with a fine for the second count. Mr. Manous raised several points in his appeal. He claimed his rights were violated in a few ways. For instance, he argued that statements he made while in custody should not have been used against him because he did not receive a warning that he had the right to remain silent (known as a Miranda warning). The court found that the statements were not obtained from police questioning, so they could be used in his trial. He also argued that hearsay evidence was wrongly allowed in his trial. However, the court found that this evidence was not used to prove something true but was only to explain why the police officer acted as he did. Therefore, it did not violate his right to a fair trial. Manous believed he did not get a fair punishment because of incorrect jury instructions about fines for his second count. The court agreed that the jury got bad information about how much they could fine him and decided to change the fine amount to $300 instead of $500. He argued that the trial court misapplied his sentence and didn’t accurately reflect the jury’s decision. The court acknowledged this mistake and agreed to correct the written judgment to match the jury’s decisions. Moreover, Manous claimed that mentioning his past legal troubles during sentencing was unfair. The court, however, found that his lawyer did not object to this at the trial, which weakened his argument on appeal. He also stated his lawyer did not properly fight against the errors during the trial that affected his sentencing. Again, the court found that many issues had already been addressed and it was not enough to have his conviction overturned. Lastly, he combined all his complaints, arguing that they collectively warranted a new trial, but the court ruled that there was no significant accumulation of errors. In summary, the court affirmed much of the initial decisions made by the lower court but did make changes to the fine in one count. One judge disagreed with part of the decision but largely supported the overall outcome.

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F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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F-2007-438

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In OCCA case No. F-2007-438, Gregory Lynn Bryant appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction and sentence of six years imprisonment, while vacating the $2500 fine. One judge dissented. Bryant was found guilty of lewd molestation after a jury trial. He had previously faced charges of first-degree rape but was acquitted of that charge. The jury recommended Bryant receive a six-year prison sentence and a fine. Bryant then appealed the decision, listing several reasons for his appeal. He claimed that there were errors that affected his trial. First, he argued the prosecution suggested he had a history of similar misconduct, which he believed was unfair because there was no evidence to support that. Next, he argued that an expert witness's testimony was improperly allowed, which affected the truthfulness of a key witness for the state. Bryant also argued that he should receive credit for time he spent in county jail while waiting for his trial. He further believed that the jury was wrongly instructed about the fine they imposed and that the trial court did not follow proper procedures when jurors had questions. Lastly, he claimed that the trial judge was wrong to stop an expert from testifying about psychological tests he performed on him. After reviewing all the evidence, the court found no errors that would lead to overturning the conviction. The court decided the prosecution did not improperly suggest past crimes. They also stated the expert witness did not comment on the victim's truthfulness and that Bryant was not entitled to credit for time served. Regarding the fine, the court ruled the previous instructions to the jury were incorrect, which led to the fine being vacated. Furthermore, they noted that the rules for communication with jurors were not followed, but this did not harm Bryant's case. Lastly, they concluded that the expert testimony he wanted to present was not relevant to his guilt or innocence. Overall, the court upheld the conviction and confirmed the six-year prison sentence, while directing the trial court to reassess his jail fees.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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RE-2006-180

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In OCCA case No. RE-2006-180, the appellant appealed his conviction for revocation of his suspended sentence. In a published decision, the court decided in part to grant the appeal, allowing credit for thirty days previously served, but denied the rest of the appeal concerning time served in county jail during the revocation proceedings. One judge dissented. The case involved Raynard Emory Dinkins, who had received a suspended sentence after pleading guilty to Unlawful Possession of Marijuana. Over time, Dinkins faced various legal issues, including an application to revoke his suspended sentence due to numerous probation violations. A judge found that he had violated several rules during his probation, leading to a revocation of his suspended sentence. The court noted that Dinkins had been in jail before his revocation hearing but did not grant him credit for that time, arguing that it was because he had trouble working with his attorneys. Dinkins contested this, claiming he should receive credit for the time he served while awaiting the hearing. The court agreed that he should receive credit for an earlier thirty-day jail term related to his probation. In the end, the court found that while Dinkins was entitled to some credit for time served, it was within the judge's discretion not to grant him credit for the later time spent in jail. Therefore, the appeal was partially granted to correct the credit issue, while other claims were denied.

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RE 2006-0260

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In OCCA case No. RE 2006-0260, Rudy Leon Brockelsby appealed his conviction for Burglary II. In a published decision, the court decided to affirm the revocation of his suspended sentence but remanded the matter to the District Court for modification of the sentence to give credit for all time served during the period of the suspended sentence. One judge dissented. Brockelsby originally pled guilty to Burglary II in 2002 and was given a five-year suspended sentence, which meant he would not go to prison if he followed the rules of probation. He had to spend the first ten days in jail and was also ordered to pay some fines and restitution. Over the years, there were several attempts to revoke his suspended sentence. Two applications from the State to revoke his sentence were dismissed after he faced sanctions and served jail time. However, in 2005, the State filed a third application, leading to a hearing in March 2006. After this hearing, the judge decided to revoke Brockelsby's suspended sentence entirely, sending him to prison for five years. On appeal, Brockelsby argued that the judge wrongly made him serve a longer sentence than originally given because he believed that he should get credit for the days he already spent in jail. He claimed he had served 190 days in jail during his suspended sentence. The State agreed that he should receive credit for those days but argued that he was still responsible for other parts of his probation. Brockelsby also said that there was not enough evidence to prove that he willfully failed to pay the restitution that was ordered. However, the court found that Brockelsby had violated other rules of his probation, not just the restitution ruling. The court ruled that the judge had the right to revoke Brockelsby's sentence based on the evidence presented and found no abuse of discretion. Therefore, while they upheld the decision to revoke the suspended sentence, they ordered that Brockelsby receive credit for the time he served while on probation.

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RE-2007-378

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In OCCA case No. RE-2007-378, Kevin Davis appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to affirm part of the revocation while reversing another part. One judge dissented. Kevin Davis had previously been sentenced for possession of marijuana and for driving under the influence. These sentences included portions that were suspended, meaning he could avoid serving time if he followed the rules of his probation. However, when Davis was convicted of attempted robbery, the state sought to revoke his suspended sentences. The decision in the case centered around two main issues. First, Davis argued that the court unfairly required him to serve his revoked sentences one after the other, instead of allowing him to serve them at the same time as his new sentence. The court found that the judge had the right to make that decision and did not see it as wrongful. Second, Davis claimed that the court had no power to revoke his earlier marijuana charge since the time to do so had already passed. The court agreed with him on this point and decided that the application to revoke was filed too late. As a result, the court kept the revocation of one sentence in place but instructed the lower court to dismiss the application concerning the other sentence because it was no longer valid.

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RE-2005-1195

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In OCCA case No. RE-2005-1195, #x appealed his conviction for trafficking in illegal drugs (cocaine base). In a published decision, the court decided to modify the revocation order of the suspended sentence. #n dissented. In this case, the appellant was found guilty of trafficking in illegal drugs back in 1997. He was given a ten-year sentence but was allowed to serve only five years after some of it was suspended. Over the years, he was on probation. However, in September 2005, the state claimed that he had violated his probation by doing something called domestic abuse and by not following a protective order. A hearing took place to investigate these claims. The judge decided that the appellant did break the rules by having some contact that could be considered domestic abuse, but it was a small violation. The contact happened when he was trying to see his baby son, which was allowed by a court order. It seemed that the meeting was short and not planned, and he ended it when it became clear that the other person wouldn't follow the rules. The court thought these special circumstances made the punishment too harsh. They decided to lessen the punishment and only took away one year from the suspended sentence instead of a larger amount. The appellant would still have to follow the rules of his probation after this one year was served. In summary, the court agreed that the appellant had a minor violation worth a one-year revocation, but otherwise, he would return to probation for the rest of his sentence.

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RE-2005-863

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In OCCA case No. RE-2005-863, the appellant appealed his conviction for several counts of burglary and for knowingly concealing stolen property. In a published decision, the court decided to modify the order of the District Court regarding the appellant's sentences, making them run concurrently as originally ordered instead of consecutively. One judge dissented.

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RE-2005-1032

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In OCCA case No. RE-2005-1032, Natalie Blades appealed her conviction for revocation of her suspended sentences. In an unpublished decision, the court decided to affirm the revocation of her suspended sentences but remanded the case to ensure that the sentences would run concurrently instead of consecutively. One member of the court dissented.

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