F-2018-272
In OCCA case No. F-2018-272, Lavonte Antonio Johnson appealed his conviction for using a vehicle to facilitate the intentional discharge of a firearm. In an unpublished decision, the court decided to affirm the acceleration of his deferred sentence to 27 years in prison. One judge dissented. Lavonte Johnson entered a guilty plea in 2014, which was followed by a five-year deferred sentence. However, in 2018, the state sought to accelerate this sentence, claiming Johnson had violated probation by possessing a firearm and committing bail jumping. During a traffic stop, police found Johnson could not provide a driver's license and that he had a gun with him. Johnson argued that the police had to give him a Miranda warning before asking about the gun, as he believed it was a custodial interrogation. The court found that because this was a routine traffic stop, the police were not required to issue a Miranda warning. Johnson's statements about the gun were deemed admissible. The court reviewed the decision to accelerate Johnson's sentence and found no abuse of discretion. Therefore, Johnson’s appeal was denied, and the original sentence was upheld.