RE-2018-342

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSHUA ERIC ARMSTRONG,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. No. RE-2018-342 **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY - 9 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **HUDSON, JUDGE:** Appellant Joshua Eric Armstrong appeals from the revocation of his suspended sentence from the Woodward County District Court Case No. CF-2017-5, overseen by the Honorable David A. Work, Associate District Judge. ### Background On March 31, 2017, Appellant pled no contest to the charge of Possession/Concealing Stolen Property, leading to a five-year sentence, with all but the first two months suspended. On March 8, 2018, the State sought to revoke Appellant's suspended sentence on various grounds: failure to report, providing a false address, testing positive for methamphetamine, failing to pay court costs, prosecution reimbursement fees, restitution, and committing Grand Larceny (Case No. CF-2018-11). At the March 27, 2018, hearing, Judge Work revoked four years of Armstrong's suspended sentence. ### Appellant's Claims 1. **Proposition I**: Judge Work’s pronouncements were insufficient regarding the alleged probation violations. - **Finding**: No statutory requirement exists for detailed findings at revocation. The petition sufficiently informed Appellant of the grounds. 2. **Propositions II, III, and V**: The State did not prove certain alleged violations. - **Finding**: The State proved other violations; only one is necessary for revocation. 3. **Proposition IV**: Insufficient evidence to prove a false address. - **Finding**: Evidence indicated Appellant likely provided a false address. 4. **Proposition VI**: Improper revocation for unemployment not alleged in the petition. - **Finding**: Appellant failed to object during the hearing, waiving the issue for all but plain error review, which he did not establish. 5. **Proposition VII**: The trial court abused discretion in revoking part of the suspended sentence instead of requiring treatment. - **Finding**: Evidence supported the violations alleged in the petition, and there was no abuse of discretion. ### Decision The revocation of Appellant's suspended sentence in Woodward County District Court Case No. CF-2017-5 is **AFFIRMED**. Mandate to be issued upon filing of this decision. **Appearances**: **Counsel for Defendant**: Ryan D. Recker **Counsel for Appellant**: Sarah MacNiven **Counsel for the State**: Kate Loughlin, Mike Hunter, Keeley L. Miller **OPINION BY**: HUDSON, J. **LEWIS, P.J.**: CONCUR **KUEHN, V.P.J.**: CONCUR **LUMPKIN, J.**: CONCUR **ROWLAND, J.**: CONCUR [Download PDF of Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-342_1734697264.pdf)

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RE 2012-0601

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In OCCA case No. RE 2012-0601, Danyale Lamont McCollough appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentences and remand for further proceedings. One judge dissented. Danyale McCollough had pleaded guilty to several charges over the years, which included possession of a firearm and robbery with a firearm. He was given suspended sentences, meaning he would not have to serve time in prison right away, but he had to follow certain rules. If he broke these rules, his suspended sentences could be revoked, and he could go to prison. Later, the State, which is the side that brings charges against people, said that McCollough had committed a new crime. This led to a hearing where a judge decided to revoke his suspended sentences. The judge used some evidence from a different trial to decide this, which McCollough argued was not fair. McCollough said it was wrong for the judge to use evidence from another case without proving it was final. The appeals court agreed with him. They said that the judge had made a mistake by not following the correct legal rules and taking evidence from another trial that was not about the same issues directly related to McCollough’s case. Because of this mistake, the court reversed the revocation of McCollough’s sentences and sent the case back for more review and another chance to prove if he had really violated his probation rules.

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