RE-2010-512
In OCCA case No. RE-2010-512, Christopher Lee Anthony appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the revocation of Anthony's suspended sentences and ordered a new hearing. One judge dissented. The case started when Anthony pled guilty to several charges and was given suspended sentences, meaning he wouldn’t serve time if he followed the rules of his probation. However, the State accused him of breaking those rules by not following a court report and not showing up for court. After the State filed to revoke his sentences, Anthony was given an attorney but later posted bail. The judge then told him he needed to either find his own lawyer or represent himself. During the hearing, Anthony didn't have a lawyer and argued his case on his own. The judge found that he had violated probation and took away his suspended sentences. Anthony then appealed, claiming the judge made a mistake by not allowing him a court-appointed attorney just because he posted bail. The court agreed that the judge should have checked to see if Anthony could afford a lawyer and had not properly addressed Anthony's right to counsel. They ruled that the revocation of Anthony's sentences must be undone, and there should be a new hearing with a proper inquiry about his finances and legal representation.