Drug Court

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 In an unpublished decision, the court decided to affirm the trial court's decision to terminate her from Drug Court and impose her sentences.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-2019-99

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **WILLIAM ALVIN WIMBLEY,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2019-99** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN 30 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 30, 2018, Appellant entered pleas of guilty in McCurtain County District Court to the following charges: Possession of a Controlled Dangerous Substance (Count 1, Case No. CF-2016-103) and multiple counts in Case No. CF-2017-147, including another charge of Possession of a Controlled Dangerous Substance (Count 1), Possession of a Firearm After Conviction of a Felony (Count 2), and another Possession of a Controlled Dangerous Substance (Count 3). As part of a plea agreement, Appellant was admitted to the McCurtain County Drug Court Program, which stipulated that successful completion would lead to the dismissal of charges, while termination would result in a twenty-year imprisonment sentence for all four counts, served concurrently. Subsequently, on October 3, 2018, the State filed an Application to Revoke from Drug Court, citing numerous violations of the program's terms by Appellant despite receiving multiple graduated sanctions. A hearing was conducted, resulting in the Honorable Walter Hamilton, Special Judge, determining the defendant had indeed violated his performance contract, leading to his termination from the drug court program and imposition of the agreed twenty-year sentence. Appellant's sole proposition for appeal is grounded in an assertion of ineffective assistance of termination counsel, based on comments made by Judge Hamilton during the hearing regarding the sentencing implications of the termination and potential reversal by this Court. Under the legal framework established by *Strickland v. Washington*, 466 U.S. 668 (1984), to succeed on a claim of ineffective assistance, an appellant must demonstrate (1) deficient performance by counsel and (2) resulting prejudice. Appellant's claim does not find support in the record, as he fails to establish that his counsel's performance was deficient under *Strickland*'s rigorous standards. Termination of drug court participation, as outlined by Oklahoma law, requires a factual determination by the trial court regarding violations of the performance contract and the sufficiency of disciplinary sanctions. Judge Hamilton's determination hinged on whether any violations were proven by a preponderance of the evidence, rather than any alleged bias from his statements. Ultimately, Appellant has not demonstrated that Judge Hamilton abused his discretion in terminating his drug court participation. **DECISION** The termination of Appellant's participation in the McCurtain County District Court Drug Court in Case Nos. CF-2016-103 and CF-2017-147 is **AFFIRMED**. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), the **MANDATE** is ordered to be issued upon the filing of this decision. **TERM OF THE COURT:** **Affirmed.** **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur *Counsel in trial and on appeal: Hugh Hood (Appellant's Counsel), Mark Uptegrove, and others representing the State.*

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C-2018-1018

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**Summary Opinion Denying Certiorari** **Case:** Spencer Joe Cuccaro v. State **Judging Authority:** Judge Hudson **Background:** Spencer Joe Cuccaro appealed from a ruling by the District Court of Kay County, where Judge David Bandy denied his application to withdraw pleas entered in three criminal cases. Cuccaro had participated in the Kay County Drug Court program and entered no contest pleas in various counts related to drug possession and other offenses, with a plea agreement tied to his performance in Drug Court. Cuccaro was allegedly coerced into his plea by a law enforcement officer and claimed to be unaware of the severe penalties he would face if he was unsuccessful in completing the Drug Court program. After being terminated from Drug Court for failing to meet its requirements and committing new crimes, Cuccaro received significant prison sentences. **Propositions of Error:** 1. Cuccaro argued that his no contest pleas were entered due to coercion and therefore were not knowing or voluntary. 2. He claimed he did not fully understand the severe consequences of failing the Drug Court program. **Court Findings:** - The Court reviews denials of motions to withdraw guilty pleas for abuse of discretion, primarily assessing if pleas were made knowingly and voluntarily. - Cuccaro's challenge regarding coercion lacked evidence, and testimony at the hearing supported the conclusion that his plea was made with an understanding of the consequences. - Regarding the claim about the punishment understanding, the court noted that fully detailed documentation outlined the potential life sentence in the event of failure in Drug Court, which Cuccaro was aware of before entering his plea. **Conclusion:** The court denied Cuccaro’s petition for a writ of certiorari, affirmed the lower court's judgment, and ruled that there was no abuse of discretion in denying the plea withdrawal. The case exemplifies the requirement for defendants to understand the implications of their plea agreements and the importance of voluntary and informed consent in legal proceedings.

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F-2018-1087

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma, addressing the appeal of Spencer Joe Cuccaro regarding his termination from the Kay County Drug Court and subsequent sentencing. ### Key Points: 1. **Case Background**: - Appellant Spencer Joe Cuccaro was placed in the Kay County Drug Court program on June 22, 2017, following a plea agreement that stipulated the conditions of his sentencing based on his performance in the program. - Cuccaro was involved in multiple cases (CF-2016-561, CF-2011-74, CF-2008-353) linked to drug offenses and was under specific probationary requirements. 2. **Allegations Against Cuccaro**: - The State filed a petition to remove Cuccaro from Drug Court, citing new criminal charges (including trafficking in illegal drugs), non-compliance with counseling requirements, and outstanding fees. - Evidence presented included testimonies from law enforcement regarding drug possession during a traffic stop and at the jail. 3. **Termination Hearing**: - At the termination hearing, evidence presented indicated that Cuccaro had violated the terms of his drug court agreement by committing new offenses and failing to meet his counseling and payment obligations. - The trial judge, David R. Bandy, found sufficient evidence to terminate Cuccaro from the Drug Court program. 4. **Appeal Propositions**: - **Proposition I**: Cuccaro claimed his no contest pleas were coerced. - **Proposition II**: He alleged the trial court failed to follow mandatory Drug Court procedures. - **Proposition III**: He contended the trial judge abused discretion in terminating him. - **Proposition IV**: He argued that the sentencing was excessive. 5. **Court's Analysis**: - The court found that Proposition I was not a suitable subject for this appeal and should be addressed in a separate certiorari appeal regarding the plea. - Proposition II also fell outside the scope of the termination appeal, which is to assess the validity of the termination order. - For Proposition III, the court upheld that the decision to terminate Cuccaro was within the judge’s discretion, consistent with the evidence of non-compliance and new criminal activity. - Proposition IV regarding sentencing was similarly ruled to be outside the appeal context, advising Cuccaro to raise such claims in the separate certiorari appeal. 6. **Decision**: - The court affirmed the termination order, emphasizing the trial judge's proper authority and the sufficiency of the evidence for termination from Drug Court. ### Conclusion: The Court of Criminal Appeals affirmed the District Court's order to terminate Spencer Joe Cuccaro from Drug Court and advised him to pursue any excessive sentence claims separately. The decision reflects adherence to legal standards concerning plea agreements, drug court compliance, and the discretion exercised by trial judges in such matters. For more details, you can access the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1087_1734789881.pdf).

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F-2018-563

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **OCT 17 2019** **JOHN D. HADDEN** **CLERK** --- **BOBBY DALE STOCKTON,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-563** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Bobby Dale Stockton appeals from the District Court of LeFlore County's order terminating him from Drug Court and sentencing him to seven years in prison, as per the Drug Court contract in Case No. CF-2016-380. On February 14, 2017, Appellant pled guilty to Count 1: Unlawful Possession of CDS - Methamphetamine after a former felony conviction, and Count 3: Resisting an Officer. He agreed to enter Drug Court with a conviction and sentencing of seven years on Count 1 and one year on Count 3, both running concurrently. Successful completion of Drug Court would lead to suspended sentences; failure would result in imprisonment. The State filed an application for termination on June 26, 2017, alleging Appellant's non-compliance—failing to report for intake, missing a urinalysis, and being absent without leave. During a hearing on September 26, 2017, evidence showed Appellant had not participated in the program. He explained his absence was due to caring for his ill mother. Although acknowledging he had not complied, he expressed a willingness to accept a strict ninety-day monitoring. However, Judge Fry found a violation of the Drug Court contract for non-appearance and initiated a no tolerance policy. Subsequently, on September 29, 2017, Appellant failed to attend Drug Court, resulting in an arrest warrant and bail revocation. The State filed a second termination application on April 30, 2018, citing similar violations. At the hearing on May 22, 2018, Appellant admitted to a third heart attack and acknowledged non-compliance without providing documentation on medical issues. Judge Fry noted past assurances of compliance had not been honored and ultimately terminated Appellant from the program, imposing the seven-year prison sentence. **PROPOSITION OF ERROR:** I. The trial court abused its discretion in terminating Mr. Stockton from Drug Court before he had the opportunity to work the program. **ANALYSIS:** Appellant contends hospitalization justified his failures to report. He further claims that, if drug issues were believed to have driven his failures, proper disciplinary measures should have been applied. The discretion to revoke or terminate participation in Drug Court rests with the trial court, and its decision will only be reversed upon a showing of abuse. Under Oklahoma law, judges may impose progressively increasing sanctions for relapses but can revoke participation if necessary. Appellant was given two opportunities to comply with the Program's requirements, both of which he failed. His second failure followed a promise to comply, and although medical conditions were noted, no evidence was presented to substantiate his claims. Therefore, termination was not an abuse of discretion. **DECISION:** The order of the District Court of LeFlore County, terminating Appellant from Drug Court and imposing a seven-year prison sentence, is AFFIRMED. **MANDATE:** Issued forthwith. --- **APPEARANCES:** **Matthew H. McBee** Counsel for Appellant P.O. Box 1303 Poteau, OK 74953 **Joe Watkins & Keeley L. Miller** Counsel for State Assistant District Attorney 100 S. Broadway St., Room 300 Poteau, OK 74953 Assistant Attorney General 313 N.E. 21st Street Oklahoma City, OK 73105 **OPINION BY:** ROWLAND, J. LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur

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F-2018-269

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In OCCA case No. F 2017-1055, a person appealed their conviction for possession of a controlled dangerous substance (Oxycodone). In an unpublished decision, the court decided to affirm the termination of the appellant from the Pontotoc County Drug Court Program. One judge dissented. The case started on February 18, 2014, when the appellant was charged with a drug-related crime. The appellant agreed to enter the Drug Court Program, where they could avoid prison if they completed the program successfully. If not, they could face up to ten years in prison. On April 19, 2017, the state sought to terminate the appellant from the program. They claimed the appellant had tested positive for THC, which is found in marijuana. A hearing was held, and the judge decided to terminate the appellant from Drug Court. As a result, the appellant was sentenced to ten years in prison but received credit for the time they had already spent in custody. The appellant argued three things on appeal. First, they believed the court made a mistake by kicking them out of Drug Court because there was not enough evidence of a rule violation. Second, the appellant stated that there was no written agreement outlining the rules of the Drug Court, and therefore, they should not have been terminated for breaking rules they did not know about. Lastly, the appellant claimed that since the state filed the termination application after the allowed time to participate in Drug Court had passed, the court should not have been able to terminate them. The court addressed each of these arguments. They found that the appellant never objected to the evidence showing the positive drug test, which made it hard for them to argue the judge made a mistake. The court also looked into whether the appellant had been informed about the rules and found that the evidence showed the appellant had been explained the terms and understood them. Lastly, regarding the timing of the termination, the court explained that while the timeframe for treatment had expired, the court still had the authority to terminate participation in the program before a final sentence was given. Ultimately, the appellate court agreed with the original trial court's decision to terminate the appellant from Drug Court and affirmed the ten-year sentence. One judge disagreed with the decision about the timing of the termination, believing that the court did not have the right to terminate after the set period.

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F-2018-552

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In the Court of Criminal Appeals of the State of Oklahoma, Tommy Lynn Berry appealed the termination of his participation in Drug Court after admitting to violations. The court reviewed Berry's claims and ultimately affirmed the termination. 1. **Involuntary Stipulation**: Berry argued that his stipulation to the allegations was involuntary and that the trial court erred by accepting it without meeting the standard for a guilty plea. However, the court found that no legal precedent required the same standards for stipulations in Drug Court as for guilty pleas. The court established that Berry was aware of the consequences of his stipulation, which was made in exchange for the dismissal of additional charges. 2. **Abuse of Discretion in Termination**: Berry contended that the trial court should have imposed progressively increasing sanctions before terminating him. The court clarified that while graduated sanctions are generally preferred, the statute also allows for immediate termination if warranted. Since Berry had committed new offenses while participating in the program, the court found no abuse of discretion in his termination. 3. **Ineffective Assistance of Counsel**: Berry claimed he did not receive effective representation. The appellate court utilized the Strickland standard to evaluate this claim, requiring proof of both deficient performance and resulting prejudice. The court noted that Berry's counsel had negotiated a favorable outcome—dismissing the new drug charges—thereby showing that the counsel's actions were reasonable and resulted in no detriment to Berry. Ultimately, the court concluded that Berry's termination from Drug Court was justified and affirmed the lower court's decision.

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F-2018-84

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In OCCA case No. F-2018-84, #1 appealed his conviction for #2 driving a motor vehicle while under the influence of alcohol. In a (published) decision, the court decided #3 to affirm the trial court's order to terminate #1 from the Drug Court Program. #n issued a dissenting opinion. Summary: Carl David Wagnon was charged in 2015 with a serious crime for driving under the influence of alcohol after having previous felony convictions. He pleaded guilty and entered a Drug Court program, which was part of an agreement that allowed him to avoid a long prison sentence if he was successful. However, in 2017, he was accused of a new crime, which led to a hearing where the court decided to remove him from the Drug Court program. Wagnon argued that his removal was unfair for several reasons. He claimed that the court relied too much on secondhand information and did not give him a chance to challenge the evidence against him. He also said that his removal was based on a crime that was not formally charged and that he did not receive enough warnings or chances to correct his behavior before being expelled from the program. Lastly, he believed that the court did not clearly explain why he was being removed. The court looked at these arguments but found that Wagnon was treated fairly and that the decision to terminate him from the Drug Court program was appropriate. They stated that the judge had the right to make this decision and had done so correctly, so they upheld the lower court's ruling. The case was affirmed and Wagnon was sentenced to twenty years in prison.

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F-2018-945

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

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F-2018-375

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In OCCA case No. F-2018-375, Jones appealed his conviction for multiple offenses including possession of controlled substances and public intoxication. In a published decision, the court decided to affirm the termination of Jones from Drug Court and his sentencing, while also remanding a separate charge for correction regarding sentencing length for public intoxication. One judge dissented. Jones had multiple guilty pleas and was given the chance to participate in a Drug Court program with the understanding that if he successfully completed it, his charges would be dropped. However, if he failed, he would face prison time. Although he had some chances and was sanctioned when he did not adhere to the program, he repeatedly tested positive for drugs, which caused the state to move for his termination from the program. During the hearings, witnesses from the state presented evidence that showed Jones had a new arrest for driving under the influence of alcohol and had failed multiple drug tests. Jones's defense argued that he had made progress and changed for the better, but the judge decided to terminate him from the Drug Court program based on the evidence of his continued drug use and new charges. The court found that his actions justified the termination. Additionally, the court recognized an error in Jones's sentencing for public intoxication because it exceeded the maximum allowed by law. The court ordered that part of the case be sent back to correct the sentence. The final decision was to uphold the termination from Drug Court but allow a correction on the public intoxication charge's sentencing in a separate order.

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F 2018-0398

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STEVE GRAYSON FALEN, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **No. F 2018-0398** **May 23, 2019** **SUMMARY OPINION** **JOHN D. HADDEN LEWIS, PRESIDING JUDGE:** Appellant, Steele Grayson Falen, was charged on March 14, 2013, in Beckham County District Court Case No. CF-2013-106 with various offenses including Count 1 - Unlawful Possession of Controlled Drug with Intent to Distribute (felony), Count 2 - Possession of Controlled Dangerous Substance (misdemeanor), and Count 3 - Unlawful Possession of Drug Paraphernalia (misdemeanor). Following a guilty plea on January 23, 2014, he received a ten-year deferred sentence for Count 1 and one year for Counts 2 and 3, all to run concurrently, with credit for six months served in treatment. Later, on November 12, 2014, Appellant faced additional charges in Case No. CF-2014-446 involving burglary-related offenses. Consequently, the State sought to accelerate his deferred sentences linked to the new charges. Under a plea agreement, Appellant joined the Beckham County Drug Court Program on June 23, 2015, where he would face a significant sentence if he failed to complete the program successfully. The State filed to terminate Appellant from the Drug Court on February 21, 2018, citing early exit from treatment and subsequent arrest. After a revocation hearing on April 6, 2018, he was sentenced to 20 years for Count 1 and associated consequences for Counts 2 and 3 from both cases with sentences ordered to run concurrently. Appellant now appeals the termination from Drug Court, asserting that the trial court abused its discretion. However, findings indicate no abuse of discretion occurred as the Drug Court Act emphasizes the judge’s authority to revoke participation when conduct warrants termination. **DECISION** The termination of Appellant from the Beckham County Drug Court Program in both Case Nos. CF-2013-106 and CF-2014-446 is **AFFIRMED**. **APPEARANCES** *Counsel for Defendant:* J. Cade Harris, Appellate Defense Counsel Nicollette Brandt, Counsel *Counsel for the State:* Gina R. Webb, Assistant District Attorney Mike Hunter, Attorney General Theodore M. Peeper, Assistant Attorney General **OPINION BY:** LEWIS, P.J. *KUEHN, V.P.J.: Concur in Results* *LUMPKIN, J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur*

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S-2018-521

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In OCCA case No. F 2017-1074, Brown appealed his conviction for Drug Court termination. In an unpublished decision, the court decided to affirm the termination, stating the trial court acted within its discretion. One judge dissented.

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F-2018-83

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In OCCA case No. F-2018-83, the appellant appealed his conviction for terminating his participation in a drug court program. In an unpublished decision, the court decided to affirm the termination of the appellant's participation in the Kay County Drug Court Program. One judge dissented. The case began with the appellant being charged with domestic abuse, followed by several other charges which led to his participation in the drug court program. He had previous sentences but entered a plea agreement that allowed him to avoid immediate incarceration if he completed the program successfully. However, after multiple instances of non-compliance, the state requested to terminate him from the program. During a hearing, the judge evaluated whether the appellant had violated the terms of his performance contract in the drug court. The judge determined that he had. The appellant argued that the judge should have given him more chances to comply with the rules of the program, but the judge concluded that the appellant's actions warranted termination. The court ultimately agreed with the judge's decision, stating that he had not abused his discretion in terminating the appellant’s participation in the drug court program. The termination was deemed appropriate given the appellant's repeated violations.

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F-2017-1270

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In OCCA case No. F-2017-1270, Bryan James Abner appealed his conviction for several offenses. In an unpublished decision, the court decided to affirm the decision to terminate him from drug court and sentence him according to the plea agreement. One judge dissented. Bryan James Abner was involved in multiple criminal cases related to theft, guns, drugs, and burglary. He was given the chance to join a Drug Court program to help him with his drug addiction instead of going straight to prison. However, if he did not follow the rules of the program, he would be sentenced for his crimes. Abner did well in the Drug Court for the first six months, but then he started to have problems. He tested positive for methamphetamine several times, had legal troubles, and missed appointments. The State's attorney asked to terminate him from the Drug Court because of these issues. During the hearing, witnesses testified about Abner's behavior. One officer found drugs on him, and a supervisor explained that Abner had many chances to improve but did not make enough progress. Abner's counselor testified that he had learned from some difficult experiences, including the death of his son, and asked for another chance in the program. The judge decided against Abner, saying that despite what the counselor said, Abner's problems continued. She noted that he had broken the rules of the Drug Court many times and had not responded to the chances he had been given. In summary, the court ruled that Abner needed to be removed from the Drug Court program for not following the rules, and he was sentenced based on his plea agreement. The court found that the evidence supported this decision, and there was no abuse of discretion by the judge.

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F-2017-1259

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In OCCA case No. F-2017-1259, Davis appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and driving with a suspended license. In an unpublished decision, the court decided to affirm the termination of Davis from the Drug Court program and upheld his sentencing. One judge dissented.

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F-2017-911

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In OCCA case No. F-2017-911, the appellant appealed his conviction for various offenses. In an unpublished decision, the court decided to affirm the termination of the appellant from the Drug Court program. One judge dissented. The case began when the appellant, previously convicted of two counts of Second Degree Burglary, was sentenced to twenty-one years for each count but with most of that time suspended. While under supervision, the appellant was accused of violating the terms of his release due to new criminal charges. He later pleaded guilty to those new charges as well. To avoid serving the full sentences, the appellant entered a Drug Court program aimed at helping him overcome substance abuse issues. However, after several years in the program, he faced multiple sanctions for drug use and missed compliance with program rules. Eventually, the state moved to terminate him from Drug Court, asserting he had violated several agreements tied to his participation. During the hearing to decide whether he should be removed from the program, the trial judge ultimately decided that the appellant had not adequately followed the rules and terminated his participation. The appellant then argued that the judge should have considered giving him additional chances rather than terminating him outright. The court checked to see if the trial judge had abused his discretion, meaning if the judge made a choice that was unreasonable or did not follow the law. The records showed the appellant had been sanctioned several times over his three years in the program, but he continued to struggle with drug use. The court found no evidence that the judge had failed to weigh all the necessary factors before deciding to end the appellant's time in Drug Court. In the end, the court affirmed the decision to terminate the appellant from the Drug Court program, stating that the earlier judgments regarding his sentence also needed no changes since the mistakes made in paperwork were corrected. Therefore, the appeal was largely dismissed as moot.

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F-2017-1053

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In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

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C-2017-1311

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In OCCA case No. C-2017-1311, Heath Justin Wright appealed his conviction for multiple charges, including Second Degree Burglary, Knowingly Concealing Stolen Property, and Unlawful Possession of a Controlled Dangerous Substance. In an unpublished decision, the court decided to grant relief to Wright, allowing him to withdraw his guilty plea and proceed to trial. One judge dissented. Wright entered a negotiated plea without legal counsel and was accepted into the Pontotoc County Drug Court program. His plea agreement stated that if he successfully completed the program, his charges would be dismissed. However, if he failed, he would receive a lengthy prison sentence for each charge. After the State sought to terminate him from the drug court program, Wright tried to withdraw his plea. The court denied his request and sentenced him to the agreed-upon prison terms. Wright claimed his attorney did not assist him properly. He argued that he was not warned about the risks of representing himself in court. The court found that this lack of advice affected his decision to plead guilty. Since it was clear that Wright’s attorney did not address this issue, the court decided he should be allowed to withdraw his plea and face trial for the charges. The ruling concluded that because the initial plea was handled improperly, Wright should get another chance to defend himself in court.

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F 2017-0031

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In OCCA case No. F 2017-0031, Heath Saxon Ford appealed his conviction for driving a motor vehicle while under the influence of alcohol and unauthorized use of a vehicle, both felonies. In a published decision, the court decided to reverse his termination from the Drug Court Program and remand the case for reinstatement into a Drug Court program, preferably in another county. No one dissented. Heath Saxon Ford was charged with multiple offenses in McCurtain County. He pleaded guilty to two of them and entered a Drug Court Program, agreeing to specific conditions. If he didn’t follow these conditions, he could be sentenced to twelve years in prison. The state wanted to kick him out of the Drug Court Program, saying he violated his agreement by having a bad drug test. At a hearing, a witness said something about the drug test results, but she didn’t perform the test herself nor was the actual test introduced as evidence. Ford argued that this was not fair and that they used hearsay, which is when someone talks about what another person said instead of providing direct evidence. The court agreed that the hearsay could not be the only reason for terminating Ford from the program and that they didn’t show strong enough evidence to prove he violated the terms. There were also concerns about how the Drug Court was being run, suggesting possible impropriety. Because of these issues, the court decided to reverse the decision to end Ford's participation in the Drug Court Program and ordered that he be reinstated, possibly in a different county's program.

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C-2015-856

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In OCCA case No. C-2015-856, Misty Dawn Smith appealed her conviction for Possession of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to deny Smith's petition for a writ of certiorari but modified her post-imprisonment supervision from two years to one year. One judge dissented. Smith was charged with having methamphetamine and entered a guilty plea in December 2012. She was supposed to complete a drug court program which could lead to a lighter sentence. If she did well, her sentence would be a five-year suspended sentence and a fine. If she didn't, she could face ten years in prison and a larger fine. She was taken to a treatment facility and started the drug court program in May 2013. However, in July 2015, the state asked to remove her from this program because she was not following the rules. A judge agreed, and Smith was sentenced to ten years in prison and a fine. Smith wanted to withdraw her guilty plea, arguing that she didn’t understand everything about her plea and the consequences of the drug court program. She also argued that her sentence was too harsh. The court looked at these claims but determined that there was no reason to allow her to change her plea. Her initial plea was considered to be made knowingly and voluntarily. The court found that Smith knew about the difficult nature of the drug court program and that she had many chances to follow the rules. They also stated that she didn’t raise her claim about the excessive sentence in the correct way, and therefore, it could not be considered. The court agreed that the two years of post-imprisonment supervision given to her was incorrect and lowered it to one year, which is what the law allows. The decision was made after reviewing all details and records of the case.

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F-2014-452

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In OCCA case No. F-2014-452, Roderick Leandrew Jackson appealed his conviction for various crimes, including knowingly concealing stolen property and drug-related offenses. In a published decision, the court decided to reverse the termination of his participation in the Drug Court program. The state also agreed that the termination was a mistake. Jackson had previously been sanctioned for his violations, and since there was no new evidence of violations presented at the hearing, he was reinstated in the Drug Court program. One judge dissented.

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RE-2014-248

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In OCCA case No. RE-2014-248, Harvell appealed his conviction for violating conditions of probation related to drug possession. In an unpublished decision, the court decided to reverse the lower court's order that sentenced him to prison. The court concluded that the District Court lost its authority to revoke his suspended sentence when the state asked to dismiss the motion. Judge Smith dissented.

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RE 2013-0511

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In OCCA case No. RE 2013-0511, Carrie Denise Stumpff appealed her conviction for revocation of her suspended sentence. In a published decision, the court decided that the trial court failed to ensure that Stumpff knowingly waived her right to an attorney, which required them to reverse the decision and send the case back to the District Court for further actions. One member of the court dissented.

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RE-2012-590

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In OCCA case No. RE-2012-590, Todd Aaron Henderson appealed his conviction for Driving Under the Influence of Alcohol. In a published decision, the court decided to reverse and remand the case back to the District Court of Tulsa County with instructions to vacate the order revoking Henderson's suspended sentence and dismiss the State's application to revoke. No judge dissented. Henderson had first entered a guilty plea for Driving Under the Influence in 2009, and his sentence was put on hold while he completed a drug court program. After successfully finishing the program in January 2011, his charge was changed to a misdemeanor, and he was given a one-year suspended sentence. However, in January 2012, he was stopped by police and faced new charges, including a second DUI. Following these new charges, the State requested to revoke his suspended sentence. In June 2012, the court revoked Henderson's suspended sentence based on the new charges. On appeal, Henderson argued that the court did not have the authority to revoke his sentence because the State filed the application for revocation one day after his sentence had completed. The State agreed with Henderson, stating that the trial court lacked jurisdiction to revoke the sentence since the request was submitted after the completion of the suspended sentence. The court ruled in favor of Henderson, reversing the revocation, and ordered the case to be remanded with instructions to dismiss the State's application to revoke his sentence.

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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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