Deferred Sentencing

F-2019-149

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In OCCA case No. F-2019-149, Kimberli Sue Dunham appealed her conviction for multiple drug-related offenses. In an unpublished decision, the court decided to affirm the trial court's decision to terminate her from Drug Court and impose her sentences. One judge dissented. Dunham had been placed in the Delaware County Drug Court program after pleading guilty to several drug-related charges. The program was intended to help her recover from substance abuse. According to her agreement, if she was successful in the program, the charges would be dismissed. However, if she failed, she would face prison time. During her time in Drug Court, Dunham had several violations, including testing positive for methamphetamine. After admitting to more violations, the State sought her removal from the program. In a hearing, evidence of Dunham’s past violations was presented. The judge decided to terminate her from the program, leading to her appeal. In her appeal, Dunham claimed the termination was improper because she was sanctioned for previous violations. She also argued that the court did not follow proper procedures as required by the Oklahoma Drug Court Act, which aims to support individuals in recovery. Dunham claimed that a relapse should not automatically lead to termination and that the court should have used progressively increasing sanctions instead. The court reviewed these claims and found that Dunham had indeed admitted to new violations that justified her termination. Her request to consider her actions as mere relapses was denied, as the judge believed more severe action was necessary to maintain the integrity of the Drug Court program. Lastly, Dunham argued that she was misinformed about her rights to withdraw her guilty pleas. The court agreed that she should have been informed of her rights but ruled that her termination and conviction would still stand. The court upheld the trial court's decision but noted that it should have properly advised Dunham regarding her rights, allowing her the option to appeal her plea. Thus, while her conviction was confirmed, the case was remanded to correct the error about her rights.

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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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F-2015-909

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In OCCA case No. F-2015-909, Ricky Nolan Ennis appealed his conviction for multiple offenses. In a published decision, the court decided to affirm the convictions but vacated the restitution order and remanded the case for a proper determination of the victim's loss. Ricky Nolan Ennis pled guilty to burglary and domestic assault and battery, with sentencing delayed so he could complete a rehabilitation program. After he completed the program, the court agreed to delay his sentencing for five years. However, later on, the State alleged he violated his probation by committing new crimes. He was tried by jury for these new charges and found not guilty of kidnapping but guilty of assault and battery with a dangerous weapon, assault and battery in the presence of a minor, and threatening violence. The jury recommended various sentences, which the judge followed along with increasing his sentences from the earlier cases due to probation violations. Ennis raised several arguments in his appeal, questioning whether he was properly advised about his right to appeal, claiming he did not plead to the new charges, and arguing that the trial judge considered irrelevant information and that the evidence against him was unfairly prejudicial. Ennis also claimed his attorney did not represent him effectively, that the prosecutor misbehaved, and that the sentences he received were excessive. After a thorough review, the court found Ennis's complaints about not being advised on the right to appeal and other issues did not warrant relief. They noted that he did not raise many of these issues in a timely manner and that most of his claims did not show he was denied a fair trial. However, the court did find an error in how restitution was determined, as there was not enough evidence to justify the amount ordered. Ultimately, the court’s decision affirmed Ennis’s convictions but also required the case to return to the lower court to correctly handle the victim's restitution claim.

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F-2009-648

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In OCCA case No. F-2009-648, the appellant appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided that the appellant should be given the opportunity to withdraw her guilty plea. One judge dissented.

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RE-2010-304

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In OCCA case No. RE-2010-304, Jason Dean Vansickle appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to modify the order related to his suspended sentences. One judge dissented. Here’s a summary of the case: Jason was found guilty of two counts of Knowingly Concealing Stolen Property. The judge initially decided to wait five years before making a final decision about Jason's punishment, allowing him to follow some rules during that time. But later, the state said Jason broke those rules by using drugs and not paying fees. After a hearing, the judge decided that Jason did break the rules and ordered that he serve a year in jail. The judge added that if Jason could finish rehab during that year, he could avoid additional punishment. Jason disagreed with the judge's decision, especially the part about needing to serve a calendar year in jail, believing it meant he had to stay there every day without earning any time off. The court agreed with Jason that the judge didn't have the authority to set his punishment this way. It clarified that any time taken off his punishment should be based on the original sentence without this added calendar requirement. The court decided that the year part of the sentence, as described by the judge, should be changed. They kept the other parts of the judge's decision the same but removed the requirement for serving a calendar year in jail. Overall, the case highlighted that judges must follow specific rules when deciding on punishments and that adding extra conditions could go beyond what they are allowed to do.

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RE-2002-580

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In OCCA case No. RE-2002-580, Garcia appealed his conviction for obtaining money by means of a false check. In a published decision, the court decided to reverse the acceleration of Garcia’s deferred sentencing and sent the matter back for further proceedings. One judge dissented. Here is what happened in simpler terms: Garcia was found guilty of a crime and got a chance to avoid a harsh punishment by being put on probation for five years. But a short time after starting probation, the state said he broke the rules, so they wanted to give him a tougher punishment. The judge first made sure Garcia was mentally okay to understand what was happening and to help in his defense. After deciding he was competent, the judge allowed the hearing to continue without first ensuring that Garcia had a lawyer present. During a later hearing, it was found that Garcia indeed had violated probation, and he was sentenced to a year in jail and a fine. Garcia argued that the judge should not have moved ahead with the case without following the proper steps, especially regarding his right to have a lawyer. The court agreed with Garcia’s point. They decided that the earlier decision to make his sentence tougher was not done correctly. So, the court reversed the punishment and sent the case back to make sure Garcia had a lawyer and that all the necessary rules were followed in the next steps.

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