Expungement Archives - OCCA Opinions

C-2017-1311

Post author:Staff
Post published:October 4, 2018
Post category:C

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 In an unpublished decision, the court decided to grant relief to Wright, allowing him to withdraw his guilty plea and proceed to trial.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.

J-2014-108

Post author:Staff
Post published:May 8, 2014
Post category:J

In OCCA case No. J-2014-108, C.E.B. appealed his conviction for Lewd Molestation and First Degree Rape. In a published decision, the court decided to reverse the lower court's sentencing order. A dissenting opinion was not noted. C.E.B. was charged as a youthful offender when he was only 15 years old for serious offenses involving a younger relative. He initially pleaded guilty to these charges and was sentenced to a rehabilitation program rather than prison. His time in the program was monitored by the Office of Juvenile Affairs, which recommended that he could successfully complete his treatment. The court emphasized that upon successful completion, charges could be dismissed. Despite showing progress and completing his treatment program, the District Court later sentenced C.E.B. to prison as an adult, which contradicted the earlier agreements regarding his rehabilitation. The State had initially indicated that his completion of the program would lead to dismissal, yet pursued a harsher sentence instead. The Appeals Court found that the lower court abused its discretion. C.E.B. had completed his rehabilitation successfully, and there was no extensive evidence to suggest he posed a threat that would require adult sentencing. The State failed to follow the proper procedures for transferring him to adult custody and should not have ignored the earlier agreements about his rehabilitation. Ultimately, the court ordered that C.E.B.'s case be dismissed, his name removed from the sex offender registry, and that his record be expunged. He was to be released from custody right away, confirming the importance of fair legal processes, especially for youthful offenders.

RE-2006-1308

Post author:Staff
Post published:December 8, 2006
Post category:RE

In OCCA case No. RE-2006-1308, an individual appealed their conviction for obtaining merchandise by false pretenses. In an unpublished decision, the court decided that the order revoking the suspended sentence for one case was reversed because the court did not have the right to revoke it after it expired, but the revocation for the other case was affirmed. One judge dissented. Here’s a simpler breakdown of the case: The person involved, let's call her Appellant, got in trouble for pretending to be someone else and committing fraud. In 2001, she was given a three-year punishment, but it was suspended, meaning she didn't have to go to jail right away if she followed certain rules. In 2002, she got into more trouble with three more crimes of taking things without paying. Again, her punishment was suspended, allowing her some time to pay back the money she owed. However, by 2003, the Appellant wasn't paying back the money as she was supposed to, so the authorities filed to take away her suspended sentences. Over several years, Appellant was given multiple chances to fix her mistakes and to pay what she owed, but she continued to have problems and missed important hearings. In December 2006, the decision to take away her suspended sentences was finalized. The Appellant argued that the court should not have the power to do that because the time to punish her had already passed. The court agreed on one point: they couldn't revoke one of her sentences because it had expired. But the other case was still valid because some papers had been filed before that expiration. After going through everything, the court reversed the decision about one of the suspended sentences but agreed that the other sentence could still be revoked since she had not followed the rules. This means she would still face consequences for her actions there. In the end, it showed that if you don’t follow the rules when given a second chance, there can be serious consequences, and sometimes time limits can change what can happen in court.