Factual Determination

F-2019-99

  • Post author:
  • Post category:F

**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.*

Continue ReadingF-2019-99

F-2018-610

  • Post author:
  • Post category:F

In the Court of Criminal Appeals of the State of Oklahoma, the case of Cesar Jurado is summarized as follows: **Background:** Cesar Jurado pled guilty in multiple cases in December 2015, including felonies for Possession of a Controlled Dangerous Substance With Intent to Distribute, among other charges. After completing a Delayed Sentencing Program for Youthful Offenders, his sentences were deferred until June 14, 2026. **Acceleration of Sentences:** In January 2018, the State sought to accelerate Jurado's deferred sentences, claiming he committed new crimes, including Murder in the First Degree and Assault with a Deadly Weapon. Following a hearing in July 2018, Jurado's deferred sentences were accelerated, resulting in life imprisonment on several counts, which were to run concurrently. **Appeal:** Jurado appealed the trial court's decision to accelerate his sentences, arguing that it was an abuse of discretion based on the uncorroborated testimony of an unreliable witness, who did not provide in-person testimony. **Court's Decision:** The appellate court affirmed the ruling of the lower court, finding no abuse of discretion in allowing the State to introduce the transcript of a preliminary hearing as evidence. The court noted that the Appellant's counsel had the opportunity to confront and cross-examine witnesses during the preliminary hearing. The standard of proof for violations of deferred sentences is a preponderance of the evidence, and the trial court has discretion in such matters. **Conclusion:** The Court of Criminal Appeals affirmed the acceleration of Jurado's deferred sentences, concluding that the trial court acted within its discretion based on the evidence presented. **Mandate:** The mandate for this decision is to be issued upon the filing of this opinion. **Opinion by:** Judge Hudson, with Judges Lewis and Kuehn concurring, and Judge Rowland recused. For more detailed information, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-610_1735310684.pdf).

Continue ReadingF-2018-610

F 2018-0812

  • Post author:
  • Post category:F

In OCCA case No. F 2018-0812, Cesar Jurado appealed his conviction for various drug-related offenses and weapon possession. In an unpublished decision, the court decided to affirm the trial court's decision to accelerate Jurado's deferred sentences; he had previously entered guilty pleas to several felony charges. The State had applied to accelerate his deferred sentences based on new serious crimes he was alleged to have committed. Jurado argued that the evidence used to support this decision was based on unreliable testimony from a witness who did not appear in person. He claimed this was an abuse of discretion. The court found that the trial court acted within its rights and that there was enough evidence to support the acceleration of Jurado's sentences. It concluded that Jurado did not prove that there was any improper action taken by the trial court. Therefore, his appeal was denied, and the acceleration of his sentences was upheld. One justice dissented from this opinion.

Continue ReadingF 2018-0812

RE-2018-425

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT JOSEPH CLARK, JR.,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-425** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 9, 2015, Appellant Clark, represented by counsel, entered a guilty plea to Count 1, Possession of a Controlled Dangerous Substance (CDS) (Methamphetamine), and Count 2, Possession of a CDS (Psilocybin) in Oklahoma County Case No. CF-2014-8289. Sentencing was deferred for five (5) years, subject to terms and conditions of probation. On September 9, 2015, Clark's sentence in Case No. CF-2014-8289 was accelerated, and he was sentenced to eight (8) years each for Counts 1 and 2, all suspended, with terms and conditions of probation. That same date, Clark entered a guilty plea to Count 1, Assault and Battery with a Dangerous Weapon, and Count 2, Possession of a CDS in Oklahoma County Case No. CF-2015-3126. He was sentenced to eight (8) years for each count, all suspended, also subject to terms and conditions of probation. Clark's sentences in Case No. CF-2015-3126 were ordered to run concurrently with his sentences in Case No. CF-2014-8289. Additionally, Clark entered a guilty plea in Oklahoma County Case No. CF-2015-3693 for Possession of a CDS, receiving a sentence of three (3) years, all suspended, which was ordered to be served consecutively to his sentence in Case No. CF-2015-3126. On March 24, 2017, the State filed an Application to Revoke Clark's suspended sentences in all three referenced cases, alleging the commission of new offenses in Oklahoma County Case Nos. CF-2016-7039 (possession of stolen property and possession of drug paraphernalia) and CM-2016-2833 (obstructing an officer and failing to wear a safety belt). Following a revocation hearing on April 17, 2018, the District Court of Oklahoma County, presided over by the Honorable Ray C. Elliott, revoked Clark's suspended sentences in full. Clark's sole proposition of error on appeal alleges an abuse of discretion in revoking his suspended sentences, claiming that the sentence is excessive. The revocation of Clark's suspended sentences is AFFIRMED. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. We examine the basis for the factual determination and assess whether there was an abuse of discretion. It is established that violation of even one condition of probation is sufficient to justify the revocation of a suspended sentence. Based on the appeal record, there appears to be no merit in Clark's contention that the full revocation of his suspended sentences is excessive, nor do we find an abuse of discretion in Judge Elliott's decision. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2014-8289, CF-2015-3126, and CF-2015-3693 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** **THOMAS HURLEY** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY PUBLIC DEFENDER'S OFFICE** **611 COUNTY OFFICE BLDG.** **320 ROBERT S. KERR AVE.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KIRK MARTIN** **ASST. DISTRICT ATTORNEY** **OKLAHOMA COUNTY** **320 ROBERT S. KERR SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** --- [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-425_1734692953.pdf)

Continue ReadingRE-2018-425

RE-2018-234

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JERRY WAYNE LANDS, NOT FOR PUBLICATION** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-234** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 30, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **KUEHN, VICE-PRESIDING JUDGE:** On March 7, 2008, Appellant Jerry Wayne Lands, represented by counsel, entered a negotiated plea of no contest to the charge of Possession of a Controlled Dangerous Substance (Methamphetamine) After Former Conviction of a Felony in Pittsburg County Case No. CF-2007-420. He was sentenced to ten (10) years, all suspended, subject to terms and conditions of probation. Between May 2008 and March 2009, at least five (5) applications to revoke his probation were filed. On December 5, 2008, Lands was charged with additional offenses and ultimately, on April 13, 2009, the district court revoked five years of his suspended sentence in Case No. CF-2007-420. Subsequent to Lands' guilty plea in Case No. CF-2008-526, where he received a ten-year sentence with five years suspended, the State filed multiple revocation applications in both cases. On October 26, 2017, the State filed another Application to Revoke Lands' suspended sentences, which culminated in a full revocation during a hearing held on July 11, 2017. **PROPOSITIONS OF ERROR:** 1. Lands contends that the trial judge abused his discretion by refusing to grant a continuance for him to hire counsel. 2. He argues there was no valid waiver of the twenty-day requirement, resulting in loss of jurisdiction to revoke his sentence. 3. He claims the evidence was insufficient to support the allegations in the revocation motions. 4. He asserts the revocation of his entire remaining sentences was excessive. **DECISION:** 1. **Continuance Denial:** The court found no abuse of discretion by Judge Hogan in denying the requested continuance, which was sought on the day of the hearing without prior notification of intent to hire private counsel. 2. **Waiver of the 20-Day Rule:** The waiver was valid despite Lands' claim that it was made without the representation of counsel, as the appellate record indicated he knowingly waived his right to a timely hearing. 3. **Sufficiency of Evidence:** The court ruled there was sufficient evidence to warrant revocation of Lands' suspended sentences. Violations of probation can be established by a preponderance of evidence, and the record supported the trial court's findings. 4. **Excessiveness of Revocation:** The court concluded that revocation of Lands' entire suspended sentences was not excessive, given his extensive history of probation violations. **RULING:** The order of the District Court of Pittsburg County revoking Appellant's suspended sentences is **AFFIRMED**. **COUNSEL:** *Appellant:* Wesley J. Cherry *Appellee:* Max E. Moss, Jr., Assistant District Attorney; Mike Hunter, Attorney General of Oklahoma **OPINION BY:** KUEHN, V.P.J. *LEWIS, P.J.: CONCUR* *LUMPKIN, J.: CONCUR IN RESULTS* *HUDSON, J.: CONCUR* *ROWLAND, J.: CONCUR* **MANDATE ORDERED.** For a complete view and reference, [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-234_1734698244.pdf).

Continue ReadingRE-2018-234

F-2018-83

  • Post author:
  • Post category:F

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.

Continue ReadingF-2018-83

F-2017-1166

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1166, the appellant appealed his conviction for unauthorized use of a vehicle. In an unpublished decision, the court decided to affirm the acceleration of the appellant's deferred sentence. One judge dissented. The appellant, Kenneth Allen Day, was charged with two crimes: unauthorized use of a vehicle and concealing stolen property. He pleaded guilty to the first charge, and the second was dismissed. His sentence was postponed until 2021, with conditions he needed to follow during probation. However, the State later claimed he had not followed these conditions, including not reporting as he was supposed to and being involved in new criminal activity. During a hearing, it was found that he had indeed violated his probation rules. As a result, the court decided to move up the date for his sentencing, leading to a five-year prison term and a fine. The appellant argued that the court had made a mistake in this decision. However, the court found that the trial court acted within its rights and did not abuse its discretion. Thus, they confirmed the earlier decision about the appellant's sentence.

Continue ReadingF-2017-1166

RE-2014-743

  • Post author:
  • Post category:RE

In OCCA case No. RE-2014-743, the appellant appealed his conviction for attempted manufacturing of a controlled dangerous substance (methamphetamine), first-degree arson, and child endangerment. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences for some charges but vacate the revocation for one charge due to a prior dismissal. The case began when the appellant, on November 3, 2010, pleaded guilty to several charges, including attempting to manufacture methamphetamine. He was sentenced to serve time but was given a chance to have his sentences suspended if he followed probation rules. However, in August 2012, the state claimed the appellant violated these rules by not living in a sober facility and testing positive for drugs. The appellant admitted to these violations but was given another chance to comply with the probation terms. Later, the state filed another application to revoke his suspended sentences, alleging he committed new crimes, including kidnapping. A revocation hearing was postponed multiple times, eventually taking place in 2014. The court decided to revoke all of his suspended sentences except for one, which had been dismissed earlier. The appellant raised several arguments in his appeal. He claimed that the court did not have the right to revoke his sentences since the revocation hearing was delayed beyond the allowable time. He also argued that the court should not have revoked his sentence related to the dismissed charge and said he didn’t receive proper help from his attorney. The court found that while the appellant was correct about the dismissal of one charge, the other violations justified the revocation of his sentences. The court determined that the initial confession of violations was enough for the revocation and that the appellant had not shown neglect of care by his attorney on the other claims. As a result, the court affirmed the decision to revoke the sentences for the charges that were still valid but agreed to cancel the revocation related to the dismissed count. The case was sent back to the lower court to correct the record about the dismissed charge. Overall, the court's findings led to a mixed outcome for the appellant, maintaining some penalties while recognizing the error regarding the dismissed charge.

Continue ReadingRE-2014-743

F-2014-452

  • Post author:
  • Post category:F

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.

Continue ReadingF-2014-452

RE-2014-810

  • Post author:
  • Post category:RE

In OCCA case No. RE-2014-810, Simpson appealed his conviction for unlawful possession of a controlled dangerous substance. In a published decision, the court decided to affirm the revocation of Simpson's suspended sentence but vacated the imposition of post-imprisonment supervision. One judge dissented. Simpson had entered a guilty plea to possession of a controlled substance in 2013 and was given a ten-year suspended sentence. His sentence was suspended as long as he followed the rules of probation. However, in 2014, the State accused him of violating these rules by committing a new offense of possession of a controlled substance. After a hearing, the judge decided to revoke Simpson’s suspended sentence and send him to jail for ten years. Simpson raised three main issues in his appeal. First, he argued that the judge's decision to revoke the whole sentence was too harsh given his situation. He was struggling with drug addiction and believed that this should be taken into account. However, since he had previously had several felony convictions and had violated the terms of his probation, the court did not find this argument convincing. Second, Simpson claimed that the judge should not have added post-imprisonment supervision to his sentence after revoking it. The law states that this supervision is required only for those who are in prison after being sentenced, which was not the case for Simpson at the time of his original sentencing. Therefore, the court agreed with Simpson and removed the requirement for post-imprisonment supervision. Lastly, Simpson noted that he had already served ten days of his sentence before it was revoked and argued that the judge should not have ordered him to serve a full ten years in prison. The court acknowledged that the judge had indeed made an error by ordering a full ten years instead of the correct amount of nine years and 355 days, taking into account the time already served. In summary, the court upheld the revocation of Simpson’s suspended sentence, meaning he would go to prison. However, they corrected the total time he needed to serve to reflect the time he had already completed, and they took away the added supervision requirement after his prison term.

Continue ReadingRE-2014-810

F-2012-08

  • Post author:
  • Post category:F

In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

Continue ReadingF-2012-08

RE-2009-1019

  • Post author:
  • Post category:RE

In OCCA case No. RE-2009-1019 and RE-2009-1020, the appellant appealed his conviction for the revocation of his suspended sentences. In an unpublished decision, the court decided to modify the full revocation of his seven-year suspended sentences to a three-year revocation with four years remaining suspended. One judge dissented. The case involved the appellant, who had previously pleaded guilty to multiple drug charges and received a suspended sentence. Later, the State accused him of violating his probation by committing new crimes. The judge found enough evidence to revoke his entire suspended sentence, which the appellant contested. The appellant argued that a small amount of marijuana found in a car he was driving was not enough to prove he controlled it because it was not his car. He also claimed that revoking his entire sentence was too harsh and should be changed. However, the court upheld the judge's finding that the appellant indeed had control over the marijuana since he was driving the car alone and had acknowledged ownership of the drug paraphernalia in the car. The court found merit in the appellant's argument about the harshness of the punishment because the reasons for revoking the full sentence were incorrect. The judge had based his decision on prior allegations that didn't hold up to factual scrutiny during the revocation hearing. The violations were also deemed minor and were not even prosecuted. In the end, the court decided to cut the original seven-year full revocation down to three years while keeping four years suspended, demonstrating that the punishment still reflected the violations but was fairer given the circumstances.

Continue ReadingRE-2009-1019

RE-2009-1020

  • Post author:
  • Post category:RE

In OCCA case No. RE-2009-1019, Rico Raynelle Pearson appealed his conviction for revocation of his suspended sentences. In an unpublished decision, the court decided to modify the revocation from a full seven years to three years with four years remaining suspended. One judge dissented. The case involved two prior cases where Pearson pleaded guilty to drug-related charges and received a suspended sentence of seven years. However, the State filed an application to revoke his suspended sentence after he allegedly committed new violations, including possession of drugs and traffic offenses. During the revocation hearing, the judge determined that Pearson had violated his probation and revoked his suspended sentence completely. However, Pearson argued that the evidence against him was not strong enough and that the punishment was too harsh for the minor violations he committed. The appeals court agreed that the original decision to revoke the entire sentence was excessive because the stated reasons were not correct and the violations were minor. The court noted that one reason for the revocation was based on a misunderstanding regarding earlier convictions that were not relevant. Consequently, they reduced the length of the revocation while still affirming the revocation of some portion of his sentences.

Continue ReadingRE-2009-1020

RE-2005-355

  • Post author:
  • Post category:RE

In OCCA case No. RE-2005-355, Bobby Ray Wyles, Jr. appealed his conviction for Second Degree Burglary and False Personation. In a published decision, the court decided that the trial judge wrongly ordered Wyles’ sentences to run consecutively with a later sentence instead of concurrently, which violated the original sentencing agreements. One judge dissented.

Continue ReadingRE-2005-355

RE-2003-918

  • Post author:
  • Post category:RE

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.

Continue ReadingRE-2003-918

F-1999-1652

  • Post author:
  • Post category:F

In OCCA case No. F-99-1652, Mickey Lee Cosar appealed his conviction for Possession of Marijuana with Intent to Distribute and Unlawful Possession of Paraphernalia. In a published decision, the court decided that his termination from the Drug Court program was not handled correctly and mandated a new termination hearing with proper notice. One judge dissented. The case began when Cosar entered a blind plea to the drug charges in September 1998 as part of a condition to join the Drug Court program, which allows individuals to receive treatment instead of immediate punishment. However, during the process, certain legal requirements were not met. A hearing in April 1999 determined that Cosar should be removed from the Drug Court program, which led to a sentencing hearing in May 1999 where he was sentenced to life in prison despite not having any prior serious convictions. On appeal, Cosar argued that he was denied due process because he was improperly arrested, was not given proper notice of the charges against him, and was not presented a fair hearing before a judge. He contended that his sentence was too harsh given his background and that it was improperly based on unproven allegations. The court found merit in Cosar’s claims. It noted that he did not receive written notice of the termination hearing, which is necessary, and that his due process rights were violated. The court emphasized that to follow proper legal procedures, a new hearing must be held where Cosar would receive notice of the reasons for his termination from the Drug Court. This notice must be clear enough for him to prepare a defense. Moreover, the court stated that the sentencing hearing was flawed because the judge considered improper evidence and unsworn testimony. The judge based the harsh life sentence on matters unrelated to the charges for which Cosar was convicted, including knowledge of allegations of a rape and murder that were not properly vetted in court. The decision noted that a judge should only consider evidence presented during the formal hearing process, which did not happen here. The court’s ruling ordered a new termination and, if necessary, a new sentencing hearing to be conducted by a different judge who would base the decision solely on the evidence presented appropriately. The conclusion stressed the importance of following the law to preserve the integrity of the judicial process, particularly within programs aimed at rehabilitating offenders. In summary, Cosar’s appeal highlighted the need for proper legal procedures in termination and sentencing hearings, emphasizing the rights of defendants to fair treatment under the law.

Continue ReadingF-1999-1652