Custody

F-2018-562

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON THOMAS BROCK,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-562** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Aaron Thomas Brock was convicted by jury of robbery with a dangerous weapon and conspiracy to commit a felony in Oklahoma County District Court, receiving a total sentence of thirty-five years imprisonment. He appeals with two propositions of error. **Proposition One: IAD Violation** Brock argues his rights under the Interstate Agreement on Detainers (IAD) were violated when the State did not bring him to trial within the mandated 180 days. The trial court ruled that no proper detainer was lodged against him as required by Article III of the IAD. Brock contends that a documentation was sent to the appropriate authorities, triggering the IAD timeline. The trial court determined that there was no evidence of a proper detainer because the Oklahoma County District Attorney's office and the Court Clerk's office had no record of receiving documentation from Brock. Notably, the trial court found a facsimile from the Sheriff's office did not constitute a proper detainer as defined by case law (Fex v. Michigan). The Court agreed with the trial court's findings, ruling that Brock failed to provide sufficient documentation and credible evidence to support his claims. **Proposition Two: Insufficient Evidence** In his second proposition, Brock asserts that the evidence was insufficient to uphold the conviction for robbery with a dangerous weapon. The standard for reviewing evidence requires this Court to determine if, viewing the evidence favorably to the prosecution, a rational jury could find guilt beyond a reasonable doubt. The facts presented included testimony that a knife was brandished toward a victim and that money was taken by a co-defendant and given to Brock. The Court found that this evidence met the elements for robbery with a dangerous weapon, reinforcing that the presence of fear in the victim suffices for conviction. **Decision** Both propositions of error raised by Brock are denied. The judgment and sentence are AFFIRMED. A mandate will issue upon filing this decision. **Appeal from the District Court of Oklahoma County** The Honorable Timothy R. Henderson, District Judge **Attorneys for Appellant**: Nick Southerland, Andrea Digilio Miller, Micah Sielert **Attorneys for Appellee**: Kelly Collins, Mike Hunter, Lori McConnell, Jennifer B. Miller **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-562_1735316443.pdf)

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RE-2018-662

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **RYAN MITCHELL CRONIC,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-662** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA AUG 29 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Ryan Mitchell Cronic, pleaded guilty to three felony counts of Concealing Stolen Property in Oklahoma County District Court Case No. CF-2013-2184. He was sentenced to five years suspended on each count and was ordered to pay restitution. Additionally, he pleaded guilty to one felony count of Concealing Stolen Property in Oklahoma County District Court Case No. CF-2015-580, which resulted in a five-year imprisonment sentence, also suspended in full and ordered to run concurrently with Case No. CF-2013-2184, with credit for time served. The State filed an Application to Revoke Suspended Sentence for each case, alleging Appellant failed to pay supervision fees and restitution. Appellant stipulated to these allegations and received a sentence of thirty days in the custody of the Oklahoma County Sheriff. The applications to revoke were later dismissed by the State's motion. A second Application to Revoke Suspended Sentence was filed alleging that Appellant again failed to pay supervision fees and restitution, as well as including new charges: Aggravated Attempting to Elude a Police Officer, Driving While Revoked, and Failure to Provide Proof of Security Verification. After a hearing, the Honorable Timothy R. Henderson, District Judge, ordered Appellant's suspended sentences revoked in full. Appellant appeals this revocation, claiming it was an abuse of discretion. We affirm the order of the District Court regarding the revocation of Appellant's suspended sentences. The decision to revoke suspended sentences lies within the trial court's discretion and will not be disturbed unless there is an abuse. An abuse of discretion is described by this Court as a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented. Appellant has not demonstrated an abuse of discretion in the present case. However, there is a discrepancy in the record regarding Appellant's sentences. The Judgment and Sentence for both cases states Appellant was given a ten-year suspended sentence, while all other documents refer to a suspended sentence of five years. Consequently, we remand this matter to the District Court to address this inconsistency. **DECISION** The District Court's revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2013-2184 and CF-2015-580 is **AFFIRMED**, but the case is **REMANDED** to the District Court for further proceedings consistent with this Opinion. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the **MANDATE is ORDERED** to be issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE TIMOTHY R. HENDERSON, DISTRICT JUDGE** **APPEARANCES AT APPEAL REVOCATION HEARING** **RICHARD HULL** **COUNSEL FOR DEFENDANT** **HALLIE E. BOVOS** **611 COUNTY OFFICE BLDG.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KELLY COLLINS** **OKLAHOMA COUNTY DISTRICT ATTORNEY** **MIKE HUNTER** **ATTORNEY GENERAL OF OKLA.** **COUNSEL FOR THE STATE** **OPINION BY:** KUEHN, V.P.J.: **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR**

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J-2015-930

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In OCCA case No. J-2015-930, Z.M.M. appealed his conviction for two counts of Rape in the First Degree and seven counts of Lewd Acts with a Child under 16. In a published decision, the court decided to dismiss the appeal as moot. No one dissented. The case started after a non-jury trial where the District Court of Cleveland County found Z.M.M. guilty. The judge sentenced him to twenty-five years in prison for each count. Later, a motion was filed by the state to transfer Z.M.M. to the Oklahoma Department of Corrections. Z.M.M. appealed, arguing that he should receive credit for the time he spent in the custody of the Office of Juvenile Affairs. The state's response to the appeal acknowledged that Z.M.M. should be given credit for that time. They provided an amended judgment that corrected this mistake. Since the main issue in Z.M.M.’s appeal had been resolved, the court suggested that the appeal was no longer necessary and could be dismissed. When the court asked Z.M.M. to respond, he did not object to the dismissal. Because there was no reason to continue the case, the appeal was officially dismissed, ending the court's involvement.

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S-2013-694

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In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

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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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F-2008-289

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In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

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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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F-2005-649

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In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.

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S-2005-840

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In OCCA case No. S-2005-840, #Ranney appealed his conviction for #driving under the influence and driving with a revoked license. In an (unpublished) decision, the court decided to deny Ranney's motion to dismiss the State's appeal. The court remanded the case back to the District Court with instructions to vacate its order that had previously granted Ranney's motions to suppress evidence and quash the charging information. #One judge dissented. The case began when Ranney was accused of hitting a sign in a convenience store parking lot while possibly being drunk. The police officer noticed things like the smell of alcohol and Ranney's slurred speech. Ranney admitted to drinking beer when the officer questioned him. At a preliminary hearing, Ranney tried to get his statements thrown out, but that motion was denied. Later, at a different hearing, Ranney asked again to have his statements and the charges dismissed. He argued he wasn't free to go when the officer spoke to him and that his statements were made because he felt pressured. He also claimed the officer didn’t have a good reason to come up and question him. The judge, after considering the situation, decided to grant Ranney’s request without explaining why. This left everyone confused about the reasons behind the decision. The State then asked the judge for a written explanation, but she didn’t respond. The State decided to appeal her decision, but Ranney argued that the appeal should be dismissed because there were no clear reasons from the judge about her ruling. While the court agreed there was a problem with the record, they didn’t think the State should be punished because it was mainly the judge’s fault for not providing explanations. So, the court ordered the case to go back to the lower court. They said the District Court should take away its previous decision and then handle Ranney's motions again, this time making sure to provide clear reasons for any new decisions.

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RE-2004-593

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In OCCA case No. RE-2004-593, the Appellant appealed his conviction for revoking his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify the length of the sentence. One judge dissented. The case began when the Appellant, after pleading guilty to Sexual Battery, was sentenced to five years in prison, which was suspended under certain conditions. However, he did not follow these conditions, leading to the State filing a motion to revoke his suspended sentence multiple times. Initially, the Appellant missed treatment sessions, failed to pay necessary fees, and showed a lack of effort to engage in his treatment. After some violations, he had a short revocation of sixty days. Later, the State found he had violated other conditions, such as not registering as a sex offender and changing his residence without informing his probation officer. During the hearing, the judge decided that the Appellant had not followed the rules, thus revoking his suspended sentence and requiring him to serve five years in prison. The Appellant argued that since he had already lost sixty days, his remaining time should be less than five years. The State agreed, stating it should be four years and ten months instead. The court acknowledged the Appellant’s previous short revocation and made the necessary adjustment to his sentence length. Although the Appellant argued the full revocation was too harsh, the court upheld the trial judge’s decision, stating that it was within their discretion to revoke the sentence based on the Appellant's repeated failures to comply with probation rules. In conclusion, the court upheld the decision to revoke the Appellant's remaining suspended sentence but corrected the duration of time he was required to serve.

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J-2003-1180

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In OCCA case No. J-2003-1180, T.C.S. appealed his conviction for second-degree burglary. In an unpublished decision, the court decided to reverse the District Court's decision and remand the case for a new trial. One judge dissented. T.C.S. was found to be delinquent after a hearing where he was accused of committing burglary when he was 16 years old. The court looked at evidence and decided that the testimony from an accomplice needed to be supported by more evidence to connect T.C.S. to the crime. Since the only supporting evidence showed that T.C.S. was in the same place as the accomplice later that night, it was not enough to prove he committed the burglary. The judges agreed that for a conviction based on an accomplice's testimony, there must be more proof that ties the defendant to the crime. As such, since this was not met, the judges reversed the earlier decision and said T.C.S. deserves a new trial.

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J-2003-504

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In OCCA case No. J-2003-504, K.D.E. appealed his conviction for a transfer of custody. In a published decision, the court decided to reverse the earlier order that transferred him from being a Youthful Offender to the Department of Corrections. The court concluded that he should stay in custody as a Youthful Offender instead. No one dissented.

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F-2001-122

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In OCCA case No. F-2001-122, Joseph Edward Peyton appealed his conviction for five counts of Robbery With Firearms. In an unpublished decision, the court decided to affirm the judgment and sentence for Counts I and III, but reverse and dismiss Counts II, IV, and V. One member of the court dissented. Peyton was tried and found guilty of the robbery charges in Tulsa County. The judge sentenced him to ten years for Counts I and III, and five years for Counts II, IV, and V, with the sentences running consecutively. Peyton argued three main points in his appeal. First, he claimed that his statements to the police should not have been used against him because he was not in custody when he made them. The court found that the situation did not need Miranda warnings, so his statements were allowed as evidence. Second, Peyton argued that there wasn't enough evidence for his convictions on Counts II, IV, and V. The court agreed, stating that just being at the crime scene does not automatically make someone guilty. They found that the evidence against Peyton for those specific counts was not solid enough, and they reversed those convictions. Lastly, Peyton argued that his sentence was too harsh. However, the court disagreed, saying the sentence was appropriate and did not shock their conscience. In summary, the court upheld part of the conviction, but also recognized that not all the evidence supported Peyton's guilt on every count. The decisions made reflected careful consideration of what the law required in these types of cases.

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RE-2000-1429

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In OCCA case No. RE-2000-1429, Walker John Myers appealed his conviction for attempting to elude a police officer and resisting an officer. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered that the district court clarify the order. One judge dissented. Myers had originally received a sentence of one year in jail for each of the charges, with some time suspended. After an investigation, the court found he had violated the terms of his probation. The appeal focused on whether there was enough evidence for this decision, and on the clarity of the revocation order. The court found that Myers had previously admitted to violating his probation, which meant that the revocation was supported by evidence. However, it also noted that the order was unclear about how much of his remaining sentence was actually being revoked, leading to the requirement for a clearer explanation from the district court.

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J-2001-57

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In OCCA case No. J-2001-57, J.L.H. appealed her conviction for Public Drunk. In an unpublished decision, the court decided to affirm the adjudication of delinquency and disposition of the District Court while modifying the victim compensation assessment. One judge dissented. J.L.H. was found delinquent because she did something that, if she were an adult, would be considered being publicly drunk. This happened in the District Court of Grady County. After the court made its decision, J.L.H. was placed under the care of the Office of Juvenile Affairs and was to live with her grandmother. J.L.H. had three main reasons for her appeal. First, she believed that the court's decision did not match the evidence presented and the court's own conclusions. Second, she thought it was wrong that her treatment plan was not filed on time, as the rule says it should be done in thirty days. Third, she argued that the court should not have made her pay a victim compensation fee because it did not apply to her case. After looking closely at the records, the court found that there was enough proof during the hearing to support the decision made about J.L.H. They decided that the way she was placed with her grandmother was in her best interest and fit with the law's requirements. The court also determined that not filing the treatment plan on time did not harm J.L.H. However, the court agreed with J.L.H. on the issue of the victim compensation fee. They said that the court could not charge her this fee because there was no evidence to support it in her case. So, they decided to cancel the $25 fee. Overall, the court upheld the main decision about J.L.H.'s delinquency and how she would be treated, but they removed the charge for the victim compensation fee.

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