RE 2000-1257

  • Post author:
  • Post category:RE

In OCCA case No. RE 2000-1257, the appellant appealed her conviction for furnishing beer to a person under twenty-one years of age. In a published decision, the court decided to reverse the revocation of her suspended sentence and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant pled guilty and was sentenced to one year, which was suspended, meaning she would not have to serve time right away as long as she followed certain rules. However, later, the state said she had broken those rules and asked the court to revoke her suspended sentence. After a hearing, the judge decided she had violated her probation and sentenced her to one year in jail with a part of that sentence suspended. The appellant appealed this decision, saying the court did not have the right to change her original sentence and that there wasn't enough proof of her violation. She also argued that she didn't receive proper notice about the reasons for her revocation, which is important for due process. The court agreed with her on the fact that the state did not provide enough evidence to support the revocation of her sentence. Due to this, the court decided to reverse the previous decision and instructed the lower court to dismiss the revocation order.

Continue ReadingRE 2000-1257