Drug Court

RE-2011-277

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In OCCA case No. RE-2011-277, Johnson appealed his conviction for Feloniously Carrying a Firearm. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated an additional Victim Compensation Assessment. Johnson dissented. The case began when Johnson entered a guilty plea on August 3, 2005, and was sentenced to ten years in prison, with six months of that sentence being served in jail and the rest suspended, meaning he wouldn't have to serve it unless he broke the law again. He was also fined and had to pay a fee for victim compensation to help those who had been hurt by crimes. Later, in November 2005, the State, which is like the government in this case, claimed Johnson broke his probation by getting into trouble again, which included resisting arrest and having drugs. Because of this, on March 10, 2006, the court decided to make him serve eighteen months of his suspended sentence. Johnson continued to have problems. He was charged with more crimes in 2008, including stealing from a house and having drugs. He went through a special program to help people with drug problems and successfully finished it. In June 2010, the court dismissed some applications to revoke his probation because of progress he made. However, on March 1, 2011, the State filed another application saying Johnson broke the rules again, claiming he tried to escape from the police, attacked a police officer, and had more drugs. A hearing was held on March 14, 2011, where the judge decided to revoke ninety months of Johnson's suspended sentence. Johnson argued in his appeal that the judge was wrong to make him pay another victim compensation fee during the revocation hearing. He believed this fee could only be applied when someone was first convicted, and since the revocation wasn't a new conviction, he shouldn’t have to pay it again. The State said it didn’t matter since the record only showed the original fee, but Johnson insisted the extra fee should be removed. The court agreed with Johnson, explaining that a victim compensation fee should only be applied at the time of the original sentencing, not at a revocation hearing. Therefore, the court decided to remove the $200 fee that was added during the revocation. In his final point, Johnson asked the court to lessen the time he had to serve because he had made improvements while on probation. However, the court found that the judge in charge did not abuse his discretion in deciding how long to revoke Johnson's suspended sentence. Overall, the court confirmed the revocation of Johnson’s sentence but dismissed the new Victim Compensation fee.

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F-2008-824

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In OCCA case No. F-2008-824, Allen James Taylor appealed his conviction for multiple crimes including conspiracy and burglary. In an unpublished decision, the court decided to affirm his termination from Drug Court but ordered that his sentences should be served concurrently rather than consecutively. One judge dissented. In this case, the appellant had agreed to plead guilty and was initially sentenced with his sentences suspended, meaning he would not serve time in prison right away but had to follow conditions of probation. Later, the appellant breached the terms of his probation, leading to the state applying to revoke his suspended sentences. He then participated in a Drug Court program, which was intended to help him with substance abuse issues. However, after a while, he was terminated from this program due to more violations. When he was removed from Drug Court, the court ended up ordering him to serve his sentences one after the other instead of at the same time, which was against what was originally agreed upon. The court felt that this was not right and decided that the sentences should indeed run at the same time, completing the original terms set forth at the beginning. The appellant argued that he was not correctly represented by his lawyer when he entered Drug Court and that his original guilty plea should not be valid. However, the court noted these concerns were not the focus of this specific appeal regarding the Drug Court termination. In the end, the court confirmed the appellant’s Drug Court termination but corrected how his sentences were to be served, stating they should be concurrent rather than consecutive. This concluded the key aspects of the case.

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F-2008-531

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In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

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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 2007-1165

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In OCCA case No. F 2007-1165, the appellant appealed his conviction for unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse the order that terminated his participation in the Drug Court program and instructed to reinstate him into the program. One judge dissented. The case began when the appellant pled guilty to two charges related to drug possession in 2003 and was given a sentence with most of it suspended. After allegations of new violations in 2006, he entered the Drug Court program, which aimed to help him stay away from drugs. However, the State filed to terminate him from the program in 2007, claiming he violated the rules. During the appeal, the appellant argued that the court made a mistake by ending his participation in Drug Court. The court considered whether the reasons for termination were valid. The violations included not completing community service, not writing sentences for a sanction, and not bringing a required book to a meeting. However, evidence showed that the appellant was making progress, had a job, and had been clean for a good period. The court found that the claimed violations weren't enough to justify removing him from the program because there was no clear deadline for completing the tasks. The court emphasized that relapses can happen during rehabilitation and that participants should be given chances to improve. Ultimately, they believed that the appellant was still on the right path and deserved to stay in the Drug Court program. The decision was to reverse the termination and allow the appellant to continue with the program. The dissenting opinion argued that the appellant had not followed the rules enough and that the court had to be strict to help him take responsibility for his actions.

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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-2007-636

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

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F-2006-850

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In OCCA case No. F-2006-850, Jeffrey Airehart appealed his conviction for drug-related offenses. In a published decision, the court decided to reverse his termination from the Drug Court program and instructed that he be reinstated. One judge dissented. Jeffrey Airehart was removed from a Drug Court program due to several positive drug tests. The judge had previously sanctioned him for these tests by imposing short jail terms. Airehart claimed that terminating him was unfair because he had already faced penalties for the same violations. He argued that this violated laws meant to protect individuals from being punished multiple times for the same issue, known as double jeopardy. The court agreed with Airehart's first argument, stating that the Drug Court system is designed to help individuals recover by allowing for relapses and providing a structured way to deal with them rather than terminating their participation after violations. Since Airehart had already been punished, the court ruled that it was not right to terminate him again for those same actions. Regarding his second argument, Airehart said that he did not get proper notice of the grounds for his termination, which made it hard for him to prepare his defense. The court found that while the State could consider his overall performance in the program to decide on termination, the specific terminations were based on violations for which he had been already punished. Therefore, the additional reasons the State brought up were not the basis for his termination. Ultimately, the court ordered that Airehart be reinstated to the Drug Court program and that previous jail sentences related to his termination be canceled, emphasizing the importance of encouraging rehabilitation rather than simply punishing individuals who struggle with addiction.

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C-2006-1192

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In OCCA case No. C-2006-1192, Chad Fourkiller appealed his conviction for attempting to elude a police officer, possession of a sawed-off shotgun, and feloniously possessing a firearm. In an unpublished decision, the court decided to grant his petition for writ of certiorari and remand the case for a new hearing on the application to withdraw his guilty plea. One member of the court dissented. Fourkiller had pleaded guilty to three charges, which included trying to escape from a police officer and having illegal weapons. He was sentenced to a total of time in prison, depending on whether he completed a program called Drug Court. After his participation in Drug Court ended, he was formally sentenced. Later, Fourkiller wanted to change his guilty plea and claimed his lawyer did not explain things properly to him. The court did not allow him to withdraw his plea at first. However, during a follow-up hearing, Fourkiller’s lawyer ended up testifying against him. This created a problem since a lawyer should not represent a client and then testify against them in the same case. The court found that Fourkiller did not receive proper legal help, and because of this, they agreed to his request for a new hearing to discuss his motion to withdraw his guilty plea. The other arguments Fourkiller made in his appeal about double jeopardy and errors in his sentencing were found to not need a decision since the first issue was enough to allow for a new hearing.

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RE 2005-0315

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In OCCA case No. RE 2005-0315, #Matthews appealed his conviction for #Burglary. In a (published) decision, the court decided #to vacate the two-year sentence imposed in CF-1999-365, affirm the acceleration of the deferred sentence in CF-2003-14, and affirm the termination from Drug Court. #None dissented. Kevin Paul Matthews got into trouble with the law a while back. He pled no contest to a charge for running a roadblock and was given a sentence where he didn’t have to spend much time in prison right away. Instead, he was supposed to follow certain rules and help the community. However, he later messed up by not completing his required community service. Then, he got into even more trouble and pleaded guilty to burglary, agreeing to join a special program called Drug Court instead of going straight to prison. This program was meant to help him get better. But after some time, the State said he wasn’t following the rules and asked the judge to send him to prison instead. The judge agreed and decided Matthews needed to go to prison for more time, ruling that any previous time he served didn’t count towards his new sentence. Matthews felt that the judge made mistakes and that he shouldn't have been punished as harshly as he was. Matthews brought his case to a higher court, saying the judge didn't have the right to put him back in prison for the earlier offense because too much time had passed. He also said the judge shouldn’t have made him wait so long without setting an end date to his drug treatment program. Ultimately, the higher court agreed that the judge had made an error in punishing Matthews without accounting for the time he had already served. However, they kept the part where Matthews had to go to prison for his burglary charge because he had failed to follow the rules of the Drug Court. They decided to send the case back to the lower court for more review about what should happen next. So, in the end, Matthews got relief on some of his issues, but not all, showing that while he had some rights, he still needed to take responsibility for his actions.

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RE-2003-918

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In OCCA case No. RE-2003-918, the appellant appealed his conviction for Driving Under the Influence (DUI). In an unpublished decision, the court decided to reverse the order that terminated him from the Drug Court program. One judge dissented. The case began on April 10, 2002, when the appellant pleaded no contest to a DUI charge. He was given a suspended sentence, meaning he would not serve time in prison if he followed the rules. He also had to pay a fine and do community service. Later, he faced another DUI charge. He pleaded guilty again with a promise that if he successfully completed the Drug Court program, he wouldn’t have to face further charges for the first DUI. However, on May 1, 2003, the State accused him of violating the terms of the Drug Court program. The State claimed he had been sanctioned multiple times for not following the rules. On August 5, 2003, the court decided to revoke his suspended sentence and ended his participation in the Drug Court program. The appellant believed the court made a mistake by terminating him from Drug Court based on violations he had already been punished for. He felt this was unfair and argued it amounted to double jeopardy, which means being punished twice for the same offense. The State argued that they were not punishing him again for those violations but believed that the sanctions had not helped him change his behavior. The court examined the situation and found that the appellant had already faced consequences for his earlier violations. It agreed with him that the reasons for his termination were flawed. The judges noted that if prior violations were allowed to be counted again for the same termination, it would be unfair and might discourage other participants in Drug Court. The court decided to remand the case back to the lower court, allowing the appellant to return to the Drug Court program with the original rules he had agreed upon. The judges highlighted that a new violation must occur in order for more severe actions, like termination, to be taken. In summary, the court ruled in favor of the appellant, indicating that the reasons for his termination from Drug Court were not valid, thus restoring his opportunity to complete the program.

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C-2003-136

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In OCCA case No. C-2003-136, Justin Lyle Thomas appealed his conviction for Unlawful Possession of Marijuana with Intent to Distribute, Unlawful Possession of a Controlled Drug, and Operating a Motor Vehicle Under Suspension. In a published decision, the court decided to reverse the district court's decision regarding his ability to withdraw certain guilty pleas. One judge dissented. Thomas had pleaded guilty to several charges and was supposed to complete a drug court program to avoid sentencing. However, after not doing well in the program, the state wanted to sentence him. He asked to withdraw his guilty pleas for some of the counts, and the court agreed to let him withdraw his pleas for two of the charges but denied his request for the other two. Thomas argued that he had not been properly informed about the possible sentences for the charges. The court found that there was a mistake about the punishment ranges, specifically for the drug charges. They ruled that this mistake affected his decision to plead guilty, and because of this, he should have been allowed to withdraw his pleas for all counts. The court decided in favor of Thomas and said the lower court had made a mistake when it denied his request. However, one judge disagreed and believed that the incorrect information did not really influence Thomas’s decision to plead guilty to the other charges.

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RE 2001-0911

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In OCCA case No. RE 2001-0911, the Appellant appealed his conviction for burglary and larceny of an automobile. In an unpublished decision, the court decided to reverse the order from the lower court regarding the Appellant's participation in Drug Court. One judge dissented. In this case, the Appellant, after pleading guilty to burglary and larceny, had his original sentence changed to a suspended sentence with probation requirements. He was required to attend drug counseling and submit to drug tests. However, the State later claimed that he did not complete the agreed program. During the hearing about this issue, there was confusion about whether it was a revocation of his suspended sentence or a termination from Drug Court. The evidence showed uncertainty about the Appellant's actual participation in Drug Court. The court noted that it could not determine if the lower court had abused its discretion due to the confusion during the hearings. Ultimately, since it was unclear if the Appellant was appropriately part of the Drug Court, the higher court reversed the lower court's decision and instructed to dismiss the case instead of continuing with the termination.

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C-2001-537

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In OCCA case No. C-2001-537, a person appealed his conviction for possession of controlled substances. In an unpublished decision, the court decided to reverse one of the counts while keeping the other counts affirmed. One judge dissented. The case began when the individual pled guilty to possessing methamphetamine, marijuana, and drug paraphernalia. The plea agreement allowed for a one-year suspended sentence if he completed a drug court program. However, he later violated the terms of this agreement by using drugs again and not attending the required sessions, leading to a longer sentence. After the court sentenced him to a total of 21 years in prison for the remaining counts, he wanted to withdraw his guilty plea. He argued he did not fully understand what he was agreeing to, specifically the length of his sentences and various conditions. In reviewing the case, the court found a significant issue with the individual's dual convictions for possessing two kinds of drugs at the same time, which they ruled could violate double jeopardy rules. They agreed with part of his appeal and reversed the conviction for possession of marijuana, while affirming the other two convictions.

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F-2002-324

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In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

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