Delaware County

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 In an unpublished decision, the court decided to affirm the trial court's decision to terminate her from Drug Court and impose her sentences.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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RE-2018-657

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRANDON LEE SHARP,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-657** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **AUG 29 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Brandon Lee Sharp appeals the revocation of his suspended sentences from the Delaware County District Court in Case Nos. CF-2012-441, CF-2013-145, and CF-2014-152. ### Background On October 8, 2013, Appellant pled guilty to Possession of a Firearm (21 O.S.2011, § 1283) and Bail Jumping (59 O.S.2011, § 1335), receiving a ten-year concurrent sentence in each case, suspended in full. On May 6, 2014, he faced new charges, including Endeavoring to Manufacture Methamphetamine, triggering petitions to revoke his suspended sentences based on these new allegations. He pled guilty to the new charges and stipulated to the petitions to revoke the earlier sentences, resulting in a life sentence in Case No. CF-2014-152, with the first 15 years suspended. After completing the Keys to Life Program, Appellant was released on February 4, 2016. However, on November 3, 2017, the State filed a second amended motion to revoke his suspended sentences based on new charges of Kidnapping and Escape from Arrest or Detention in Case No. CF-2017-330A, alongside allegations of failing to report to his probation officer. ### Issues on Appeal 1. **Multiple Violations**: Appellant argues the State did not prove specific claims regarding restitution and DA fees. However, only one violation needs to be established to revoke a suspended sentence. The State successfully proved multiple unrelated violations in the petition to revoke, so this argument is meritless. 2. **Notice of Violations**: Appellant contends that revocation for obstructing officers was inappropriate since it was not included in the initial petition. Nonetheless, obstructing was deemed a lesser included charge of the alleged Escape from Arrest or Detention, thus establishing adequate grounds for revocation. 3. **Timeliness of Revocation Hearing**: Appellant claims a violation of the 20-day rule for revocation hearings as stipulated by 22 O.S.Supp.2016, § 991b(A). However, the record indicates that he acquiesced to continuances within the 20-day window and agreed to postpone the hearing multiple times with counsel. ### Conclusion The trial court possessed the discretion to revoke Appellant’s suspended sentences, and no abuse of discretion is found considering the established violations. Therefore, the decision to revoke Appellant's suspended sentences in Case Nos. CF-2012-441, CF-2013-145, and CF-2014-152 is hereby **AFFIRMED**. ### Issuance of Mandate Pursuant to Rule 3.15, the MANDATE will be issued upon the delivery and filing of this decision. **APPEARANCES:** - **FOR APPELLANT**: Kathy Baker, Grove, OK - **FOR APPELLEE**: Nicholas Lelecas, Assistant District Attorney; Mike Hunter, Attorney General of Oklahoma. **OPINION BY**: ROWLAND, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-657_1734426402.pdf)**

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RE 2016-0784

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In OCCA case No. RE 2016-0784, James Wilbur Allen appealed his conviction for the revocation of his suspended sentences related to six counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented.

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C-2015-1063

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In OCCA case No. C-2015-1063, Pete Wolfe appealed his conviction for multiple crimes, including attempted robbery and assault with a dangerous weapon. In an unpublished decision, the court decided to grant his request for a writ of certiorari and remand the case for further proceedings. One judge dissented. Pete Wolfe entered guilty pleas without fully understanding what that meant. He later said that his lawyer's advice was not good and wanted to take back his guilty pleas. The court looked at whether he had a fair chance to do this and said that he did not have a lawyer who could represent him properly during the hearing. The court agreed that his lawyer might not have given him the best advice, which was important. So, they decided to let him have a new lawyer who could help him better and to have a new hearing on his request to withdraw the guilty pleas. This was to make sure his rights were protected in the legal process.

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S-2013-687

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In OCCA case No. S-2013-687, the appellant appealed his conviction for DUI manslaughter. In a published decision, the court decided to affirm the lower court's ruling, stating that the evidence was not sufficient to prove that the appellant's actions were the direct cause of the victim's death. Two justices dissented from the decision. The case involved an incident that took place on October 11, 2012, when the appellee was charged with first-degree manslaughter. This charge stemmed from the accidental death of his wife, Linda Vaughan, while he was driving under the influence of alcohol. During the preliminary hearing, it was revealed that Vaughan was intoxicated, with a blood alcohol level of .14, and that his wife had exited the truck he was driving. She was killed when he accidentally ran over her. Vaughan argued that the state's evidence failed to show that his driving while intoxicated was the direct cause of Linda's death. Testimony from a highway patrolman indicated that while Vaughan may have been more aware of his surroundings if he were sober, Linda's death would have occurred regardless of his intoxication. The court examined whether the state had presented enough evidence to prove that the appellee's actions directly caused the victim's death. They found that the evidence showed Linda made the choice to leave the vehicle and that her death was caused by her own actions, not by the appellee's impaired driving. Because there was insufficient evidence to support the charge of DUI manslaughter, the court upheld the decision of the lower court, which had granted Vaughan's demurrer, meaning they did not find probable cause to believe a crime had been committed. In the end, the court affirmed the district court’s decision, concluding that the evidence was not strong enough to support the charge against Vaughan. The decision did not minimize the tragedy of the accident but emphasized the importance of concrete evidence in such cases.

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M 2007-0560

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In OCCA case No. M 2007-0560, William Galletly appealed his conviction for splitting contracts. In an unpublished decision, the court decided to reverse his conviction and dismiss the case. One judge dissented. Here's a simpler explanation: William Galletly worked as the City Manager of Grove. He was charged with splitting a big contract into smaller ones, which is against a law meant to create fairness in bidding for city contracts. A jury found him guilty of this charge and he had to pay a fine. The main question was whether what he did should be considered a crime. The law at the time of his actions did not clearly state that splitting contracts was a crime, which is why the court decided he should not be punished under the general rules for misdemeanors. Because of this, they decided to reverse the punishment and dismiss the case against him. One judge disagreed with this decision.

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S 2007-1212

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In OCCA case No. S 2007-1212, Jason L. Bandy appealed his conviction for Negligent Homicide. In an unpublished decision, the court decided to deny the appeal regarding the suppression of a blood test. The court found that the State did not show that reviewing the case would be in the best interests of justice, and they concluded that the suppressed evidence was not a significant part of their case against Bandy. Consequently, the case was sent back to the trial court for further action consistent with this opinion. One judge dissented.

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