Failure To Report Archives

F-2017-1053

Post author:Staff
Post published:January 31, 2019
Post category:F

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 In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly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.

RE-2013-635

Post author:Staff
Post published:July 9, 2014
Post category:RE

In OCCA case No. RE-2013-635, Bradberry appealed his conviction for the revocation of his suspended life sentences. In an unpublished decision, the court decided to reverse the full revocation and modify it to a ten-year revocation instead. One judge dissented. Bradberry was given suspended life sentences for failing to register as a sex offender and living near a school. He was on probation for less than two weeks when the state accused him of not reporting to his probation officer and not providing proof of employment or treatment. The trial judge decided to revoke his sentences completely due to these violations. Bradberry argued that the judge made a mistake by revoking his sentences in full, claiming it was excessive. The appeals court agreed that the judge abused his discretion, especially since many of Bradberry’s previous issues happened before his new sentencing. They found that the most significant reason for the revocation was his failure to report, which they believed did not warrant a full revocation. In the end, the appeal court decided that Bradberry’s suspended sentences should be modified. Instead of serving a life sentence, he would have to serve ten years of his suspended time. One judge disagreed with this decision and believed the full revocation was justified because Bradberry had not met his probation requirements.