In OCCA case No. F-2011-4, Dara D. Payton appealed her conviction for Driving a Motor Vehicle While Under the Influence of Drugs, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the order of deferment from the District Court. One judge dissented. Payton was found guilty after a bench trial, which is a trial without a jury. The judge decided not to give her a final judgment or sentence right away, instead deferring it for five years. Payton appealed this decision, raising three main points. First, she argued that her arrest should not have happened because it was made outside the officer's jurisdiction, and the officer did not follow the rules for making a citizen's arrest. Second, she claimed that she should not have to pay certain costs and fees because she relies only on disability benefits for her income. Third, she said the written order of deferment did not match what the judge said in court. The court found that Payton's arrest was legal. Even though the officer was outside his normal area, the court believed he was justified in his actions due to fresh pursuit, meaning he was actively following Payton because he saw her breaking the law. The judge stated that the officer followed Payton, observed her erratic driving behavior, and called for more help when Payton could not pass a sobriety test. The arrest was determined to be lawful under the circumstances. Regarding the costs and fees Payton questioned, the court said it could not decide the issue because she had not properly followed the procedures to dispute them. Payton did not request a hearing or show evidence about her financial situation to the court, making it unclear if the costs should be adjusted. For the written deferment order, the court acknowledged that it did not accurately represent what the judge had said. They decided to send the case back to the District Court to fix these errors so that the written order matched what the judge had pronounced in court, specifically that the deferment period would end on December 11, 2015, and that the supervision by the district attorney would only last for the first two years. In summary, while the court agreed with the deferment and found Payton's arrest valid, they also recognized the need to correct the written order to reflect the judge's original statements properly. The judge's conclusions about the case led to an affirmation of the deferment but a remand for the clerical corrections.
