Grand Larceny

F-2018-893

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The case presented involves D'Angelo Landon Burgess, who appealed the acceleration of his deferred sentence stemming from a guilty plea to Grand Larceny. The Oklahoma County District Court had originally awarded him a five-year deferred sentence in 2013. However, in 2017, the State sought to accelerate this sentence due to new offenses, including a high-speed chase and the resulting charges. The appeal centers around a claim of a lack of diligent prosecution by the State, which Burgess argued deprived him of his due process rights. However, the court determined that there was no plain error, meaning that the proceedings followed legal protocols adequately and Burgess had not demonstrated harm from the timing of the acceleration hearing. The court affirmed the district court's decision, stating that accelerations of deferred sentences do not require the same level of due process protections as full criminal proceedings. The decision also referenced a related case in which Burgess faced serious charges, including first-degree murder, which is currently under appeal. The court's opinion concluded with affirming the order of the district court to accelerate Burgess's deferred sentence. In conclusion, the Oklahoma Court of Criminal Appeals upheld the acceleration of Burgess's sentence, ruling there was no violation of due process and that the district court acted within its discretion.

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for Domestic Assault and Battery After Prior Conviction, Domestic Assault and Battery by Strangulation, and Kidnapping. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to correct inconsistencies in the sentencing documents. One judge dissented.

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RE-2018-342

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSHUA ERIC ARMSTRONG,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. No. RE-2018-342 **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY - 9 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **HUDSON, JUDGE:** Appellant Joshua Eric Armstrong appeals from the revocation of his suspended sentence from the Woodward County District Court Case No. CF-2017-5, overseen by the Honorable David A. Work, Associate District Judge. ### Background On March 31, 2017, Appellant pled no contest to the charge of Possession/Concealing Stolen Property, leading to a five-year sentence, with all but the first two months suspended. On March 8, 2018, the State sought to revoke Appellant's suspended sentence on various grounds: failure to report, providing a false address, testing positive for methamphetamine, failing to pay court costs, prosecution reimbursement fees, restitution, and committing Grand Larceny (Case No. CF-2018-11). At the March 27, 2018, hearing, Judge Work revoked four years of Armstrong's suspended sentence. ### Appellant's Claims 1. **Proposition I**: Judge Work’s pronouncements were insufficient regarding the alleged probation violations. - **Finding**: No statutory requirement exists for detailed findings at revocation. The petition sufficiently informed Appellant of the grounds. 2. **Propositions II, III, and V**: The State did not prove certain alleged violations. - **Finding**: The State proved other violations; only one is necessary for revocation. 3. **Proposition IV**: Insufficient evidence to prove a false address. - **Finding**: Evidence indicated Appellant likely provided a false address. 4. **Proposition VI**: Improper revocation for unemployment not alleged in the petition. - **Finding**: Appellant failed to object during the hearing, waiving the issue for all but plain error review, which he did not establish. 5. **Proposition VII**: The trial court abused discretion in revoking part of the suspended sentence instead of requiring treatment. - **Finding**: Evidence supported the violations alleged in the petition, and there was no abuse of discretion. ### Decision The revocation of Appellant's suspended sentence in Woodward County District Court Case No. CF-2017-5 is **AFFIRMED**. Mandate to be issued upon filing of this decision. **Appearances**: **Counsel for Defendant**: Ryan D. Recker **Counsel for Appellant**: Sarah MacNiven **Counsel for the State**: Kate Loughlin, Mike Hunter, Keeley L. Miller **OPINION BY**: HUDSON, J. **LEWIS, P.J.**: CONCUR **KUEHN, V.P.J.**: CONCUR **LUMPKIN, J.**: CONCUR **ROWLAND, J.**: CONCUR [Download PDF of Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-342_1734697264.pdf)

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RE-2015-735

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In OCCA case No. RE-2015-735, Kathy Lynn Logan appealed her conviction for the revocation of her suspended sentences. In an unpublished decision, the court decided to reverse and remand the case. The court found that Logan was not given the proper opportunity to have a lawyer assist her during the revocation hearing, which is a requirement by law. The court noted that both Logan and the State agreed that the trial court did not properly check if Logan needed a lawyer, which meant she was denied her rights.

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C-2013-1030

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In OCCA case No. C-2013-1030, the petitioner appealed his conviction for grand larceny, false declaration of ownership in pawn, and bail jumping. In an unpublished decision, the court decided to deny the petitioner's request for certiorari. One judge dissented. Kevin Anthony Eifert pleaded guilty to several charges in the District Court of Ottawa County. These included two counts of grand larceny, one count of false declaration of ownership in pawn, and one count of bail jumping. The court placed him in Drug Court but later removed him from that program. Following this, he was sentenced to serve prison time and pay fines. After his sentencing, Eifert tried to withdraw his guilty pleas. He argued that the court did not have proper records to support the pleas, that he was not competent to enter them, and that some of the fines were too high according to the law. He also claimed he did not receive effective help from his lawyers during his hearings. The court looked at his claims and decided that he had not made a proper challenge to some of his arguments when he initially tried to withdraw his pleas. Because of this, some of his complaints were not reviewed. While reviewing the case, the court found that one of the fines imposed was indeed higher than what the law allowed. They modified that fine to the correct amount. In the end, the court denied Eifert's request to change his sentence but changed one fine to align with the legal limits. Most of the judgments from the Ottawa County District Court were confirmed. Overall, while Eifert's appeal was mostly unsuccessful, one part of his sentence was modified due to an error, showing that the court takes care to ensure fairness in sentencing.

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RE-2012-1032

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In OCCA case No. RE-2012-1032, Jacob Keith Meyer appealed his conviction for possession of a controlled substance and grand larceny. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for some charges but remanded for a lawful sentence on one count. One judge dissented. Jacob Keith Meyer had pleaded guilty to four different charges, including possession of methamphetamine and grand larceny, and was given a sentence of eight years in prison, with five years suspended. This meant he would only have to serve the first five years right away, while the rest would be postponed under probation rules. However, in 2012, the State accused him of violating his probation by committing new crimes, which led to a hearing to determine whether he truly violated the terms of his probation. During the hearing, it was shown that contraband, including marijuana, was found in a mattress from the jail cell where Meyer had been sleeping. The evidence suggested that Meyer was aware of the contraband since it was hidden inside the mattress he was lying on. Although Meyer challenged the evidence, stating that it wasn't sufficient to prove he violated probation, the court believed there was enough proof to support the revocation of his suspended sentences for three of the four charges. However, Meyer’s sentence for the first count in one of the cases was too long according to the law, so the court decided to send that particular charge back to the lower court to set a proper sentence. This decision meant that while Meyer would still have his other sentences revoked, the court would not enforce the invalid sentence associated with the larceny charge for the amount it exceeded legal limits. The court ultimately ruled that it had the authority to affirm some parts of Meyer’s case while needing to correct others where the law had been misapplied.

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F-2011-1054

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In OCCA case No. F-2011-1054, Michael Don Bryant appealed his conviction for Grand Larceny. In a published decision, the court decided to affirm Bryant's conviction and sentence but ordered that his Judgment and Sentence be corrected to accurately reflect the crime he was convicted of. One judge dissented. Michael Don Bryant had a trial by jury and was found guilty of Grand Larceny in Logan County. He was sentenced to one year in prison and had to pay a fine. After the trial, Bryant appealed, claiming a few mistakes happened during his trial. First, he said that the prosecutor made some unfair comments during closing arguments that hurt his chances of a fair trial. Bryant believed that the way the prosecutor spoke about his defense was wrong and led the jury to be biased against him. However, the court did not agree that these comments made the trial unfair. Second, he argued that a police officer gave evidence that should not have been allowed in the trial. The officer talked about the surveillance cameras and the cables that were involved in the case. Again, the court found that while the officer's comments might have seemed odd, they did not prove to be a big mistake in the trial. Lastly, Bryant pointed out that there was a problem with the official documents after his trial. The papers said he was convicted of embezzlement, but he was actually found guilty of Grand Larceny. Bryant wanted the court to fix this mistake and to make sure he got credit for time he had already served in jail. The court agreed that there was a mistake in the official documents and sent the case back to fix the paperwork. However, they kept Bryant's conviction and sentence the same.

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F-2010-203

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In OCCA case No. F-2010-203, Travis Lee Danley appealed his conviction for First Degree Murder and other charges. In a published decision, the court decided to modify his conviction for Larceny from a House to Petit Larceny but affirmed the other convictions. One judge dissented. Danley was found guilty of two counts of First Degree Murder, Second Degree Arson, Larceny from a House, and Larceny of an Automobile, and sentenced to life in prison without parole on the murder counts, among other sentences. The events occurred on August 31, 2008, when Danley shot two victims in a home after an argument, attempted to cover up the crime, and fled the scene with stolen items. During his trial, Danley raised several issues on appeal, including that the district court should have declared a mistrial after the jury heard testimony about his probation, whether there was enough evidence for the larceny conviction, prosecutorial misconduct, claims of ineffective assistance of counsel, and cumulative error from the trial. The court found that the mention of Danley being on probation did not prejudice the trial significantly and upheld the district court's ruling. However, it agreed with Danley that the evidence did not support a conviction for Larceny from a House, as he was a guest in the home and did not unlawfully enter. Therefore, his charge was modified to Petit Larceny due to insufficient evidence regarding the value of the stolen items. Claims of prosecutorial misconduct were also considered, with the court noting that the prosecutor's questions and comments did not render the trial unfair. Danley’s argument regarding ineffective assistance of counsel was rejected, as the jury instructions were deemed adequate at the time of the trial. Lastly, the court ruled that even if there were errors during the trial, they did not cumulatively harm Danley's right to a fair trial. In summary, the court affirmed most of the trial's decisions but modified one conviction due to insufficient evidence, affirming the principle that defendants deserve fair treatment under the law.

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C 2008-448

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In OCCA case No. C 2008-448, Franklin Savoy Combs appealed his conviction for grand larceny. In an unpublished decision, the court decided to allow Combs to withdraw his plea. One judge dissented. Combs was charged with grand larceny after two checks were stolen while he was visiting someone's home. He entered an Alford plea, meaning he accepted a punishment without admitting guilt, thinking it would be in his best interest. Combs was sentenced to five years in prison, with four years of that time suspended. Later, Combs sent a letter to the court saying he wanted to change his plea because he believed he was not guilty since he did not actually steal anything. The court agreed to a hearing where Combs explained that he didn't commit the crime. However, the court decided not to let him withdraw his plea. Combs then appealed this decision and raised two main points: he didn't understand what he was doing when he entered his plea, and there wasn't enough evidence to support his plea. The appeals court reviewed the case and decided that the original court made mistakes. They noted that there was not enough factual basis for Combs to plead guilty. In fact, they found that he might actually be innocent of the charges based on the facts presented. The appeals court said that Combs should be allowed to take back his plea and sent the case back to the lower court for further actions based on their ruling. Overall, the court agreed that Combs did not enter his plea knowingly and voluntarily, and they concluded their findings by granting him the chance to withdraw his Alford plea.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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F-2004-332

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In OCCA case No. F-2004-332, Sheila Ann Sutton appealed her conviction for grand larceny and knowingly concealing stolen property. In an unpublished decision, the court decided to modify her conviction to petit larceny and reversed and dismissed the charge of concealing stolen property. One judge dissented. Sutton was accused of stealing electronic items, including DVD players, with friends. The jury found her guilty and she was sentenced to five years in prison for grand larceny and four years for concealing stolen property, with the sentences running at the same time. During her appeal, Sutton argued several points. She claimed that simply being in a car with stolen shoes did not mean she was hiding them. The court agreed that the evidence did not show she attempted to conceal the shoes and reversed the charge for that reason. Sutton also argued that she only took property worth less than $500, which should be classified as petit larceny, not grand larceny. The evidence showed that she took one DVD player worth $487, and the other players taken by her companions did not change that. The court agreed and changed her conviction to petit larceny. Additionally, Sutton claimed that the jury was not properly instructed about the law surrounding the charges against her. The court found that the instructions were lacking and noted that without proper guidance, the jury might have struggled to understand how to reach their decision on grand larceny. Sutton also pointed out that there was an instruction about flight, but the circumstances didn't support it, meaning it should not have been mentioned during the trial. The court acknowledged this, saying that giving such an instruction without proper context was wrong. After reviewing all of Sutton's claims, the court modified her conviction to petit larceny and changed her sentence to two years in prison. They dismissed the second charge. The dissenting opinion argued that there was enough evidence to support the original conviction and that the jury understood what happened during the events in question. In summary, the court modified Sutton's conviction and sentence due to errors in the trial process, particularly related to jury instructions, while the dissenting judge believed the jury's original decision was justified.

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RE-2001-1375

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In OCCA case No. RE-2001-1375, the individual appealed his conviction for multiple crimes including Theft of a Debit Card, Grand Larceny, Unauthorized Use of a Vehicle, and others. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified the sentence for Grand Larceny in one count due to an error. One member of the court dissented. The case began when the individual pled guilty to several offenses on December 5, 2000. He was given sentences that were mostly suspended, meaning he would not have to serve time unless he broke the rules of his probation. However, on September 25, 2001, the State of Oklahoma said he violated those rules by not reporting to his probation officer and committing another crime, which led to a hearing. During the hearing, the judge decided to revoke his suspended sentences. The appellant argued that his punishment for Grand Larceny was too harsh since it violated the rules for sentencing that say he should not have gotten more than a year in jail for that specific crime. The court agreed that the original sentence was incorrect but also ruled that it did not harm the individual too much since his other sentences were still valid. The individual also claimed that he was unfairly required to pay for restitution he believed he should not have been responsible for, but the court found he did not follow the proper steps to challenge that. Lastly, he argued that his overall sentences were excessive, but the court determined that since the sentences were within a reasonable range and he had indeed violated his probation, there was no unfairness in the judge's decisions. So, the court affirmed most of his sentences and ordered a correction for the incorrect Grand Larceny sentence, which should only require one year of confinement.

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F-2002-324

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In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

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F-2001-319

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In OCCA case No. F-2001-319, Jan V. Stout appealed her conviction for Grand Larceny. In a published decision, the court reversed her conviction and remanded the case. One judge dissented. Stout was charged with Grand Larceny in Pawnee County. She was found guilty by a jury and was sentenced to three years in prison and a $10,000 fine. However, the judge put her on probation instead of sending her to prison right away. Stout had to pay back $8,500, cover court costs, and spend 90 days in jail. Stout argued that the evidence against her was not good enough. She felt that the testimony from her accomplice, Jacqueline Thompson, was questionable and claimed that she was unfairly treated during the trial. Stout believed that the statements made by the prosecutor misled the jury about Thompson’s guilty plea deal, which affected her right to a fair trial. The court found that there was some evidence linking Stout to the crime, particularly the discovery of stolen items in her office. However, concerns were raised about Thompson’s credibility because the prosecutor had made incorrect statements about her plea deal during the trial. The prosecutor repeatedly said that Thompson's sentence was longer than it actually was, which could lead the jury to doubt Thompson's truthfulness. The judges agreed that the prosecutor's misleading statements about the plea deal were a serious problem. Because Thompson's testimony was crucial to Stout's case, and the jury might have viewed her differently if they had understood the deal correctly, the court determined that Stout's trial was unfair. In conclusion, Stout's conviction for Grand Larceny was reversed, meaning she would not serve time for that crime, and the case was sent back to the lower court for another trial.

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RE-2000-252

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In OCCA case No. RE-2000-252, Kenneth Bristol appealed his conviction for Grand Larceny. In a published decision, the court decided to reverse and remand the case for further proceedings. No one dissented. Kenneth Bristol was sentenced to serve five years, with a part of the sentence suspended while he followed rules of probation. He had a tough time fulfilling the probation conditions. The state claimed he did not show up for appointments and failed to pay restitution. This led to an application to revoke his suspended sentence. When Bristol was arrested, the court held several hearings but did not finalize his case right away. There were discussions about his appeal, but it wasn’t clear whether it was processed correctly. The court noted that Bristol was not given a fair chance to appeal the earlier decision to reject his motion to withdraw his guilty plea. The higher court found that there was not enough evidence to show his suspended sentence was revoked properly. They reversed the lower court's decision and told them to look into the case again, allowing Bristol another chance to appeal his previous decision.

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