Incarceration

RE-2021-1202

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In OCCA case No. RE-2021-1202, Jimmy Dale Jackson, Jr. appealed his conviction for violating the terms of his probation. In a published decision, the court decided to modify the revocation of his suspended sentence to six months instead of a longer term. One judge dissented. Here’s a summary of the case: Jimmy Dale Jackson, Jr. had a suspended sentence from a previous conviction for Lewd Molestation, which means he was not in prison but had to follow certain rules. In 2021, the State of Oklahoma accused him of breaking those rules. They said he did many things wrong, such as driving with a gun, using drugs, not paying the fees he needed to, and talking to a girl who was a minor, which he was told not to do. When Jackson went to the court for a hearing, the judge decided that he had indeed broken the rules, and as a result, revoked his suspended sentence completely. Jackson then appealed this decision. He argued that the judge's decision was too harsh and that he should not have been punished so severely for what he called technical violations. He also claimed that the judge improperly used the results of a lie detector test (polygraph) against him during the hearing. The court had to consider whether the judge had made a real mistake. They found out that Jackson's violations were mostly technical, meaning they were not serious crimes but rather rule-breaking issues. According to Oklahoma law, if a person on probation has technical violations for the first time, the judge can only revoke their suspended sentence for up to six months. The court decided that Jackson's violations did not include breaking any serious laws because he had never been told to follow specialized rules for sex offenders, which would have been more serious. They noted he was only accused of violating standard probation rules. Since the judge revoked his sentence for a period longer than what the law allows for technical violations, the court agreed that was a mistake. Regarding the polygraph results, Jackson's team had talked about them first, so the court said that Jackson could not complain about that now. They concluded that even without the polygraph, there were enough other reasons to revoke his probation. In the end, the court said Jackson's sentenced revocation would be adjusted to six months, meaning he would have to follow the suspension rules for just that amount of time instead of facing a longer prison term. The court emphasized that everyone must understand the rules when they are on probation and that following proper legal steps is important to ensure fairness. So, in summary, the court reduced Jackson's punishment because they found he was not given proper notice about the rules he had to follow and that he should not have been penalized so harshly for technical violations alone.

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F-2021-211

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In OCCA case No. F-2021-211, Michael Ray Dawkins appealed his conviction for assault and battery with a deadly weapon, felon in possession of a firearm, and maiming. In an unpublished decision, the court decided to affirm the conviction for assault and battery with a deadly weapon and felon in possession of a firearm but reversed the conviction for maiming and instructed to dismiss it. A dissenting opinion was not noted. The case involved a jury trial where Dawkins was found guilty on all counts after shooting a woman named Krystal Traylor. He received a sentence of 45 years for the assault and battery, 25 years for the firearm possession, and another 45 years for the maiming, with some sentences running concurrently and others consecutively. Dawkins raised several claims on appeal, including that his constitutional right to an attorney of his choice was violated, that he faced double punishment for the same act, and that there were errors in admitting certain evidence during his trial. Upon review, the court concluded that the trial court did not abuse its discretion when it denied Dawkins's request for a new attorney, as he did not provide valid reasons for wanting to change lawyers. It was also determined that Dawkins’s convictions for assault and battery and maiming stemmed from a single act, which should not result in multiple punishments. Therefore, the court reversed the maiming conviction. Further, the court found that the identification of Dawkins by the victim was correctly admitted as evidence, dismissing the hearsay claim. Dawkins's assertions about prior bad acts being admitted were also rejected, as they were deemed relevant and essential for establishing motive and intent. The court noted that a limiting instruction had been provided to jurors, mitigating concerns over the impact of these past acts. Finally, regarding Dawkins's claim for a speedy trial violation, the court found that the delays were mainly attributable to him or his defense strategies, concluding that he was not prejudiced by the delay. Overall, most of Dawkins's claims were denied, leading to the affirmation of his main convictions and the reversal of the maiming charge.

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RE-2020-501

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In OCCA case No. RE-2020-501, Kaylen Harrison Rice appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation but vacated the portion that required him to remain under supervision. One judge dissented. Kaylen Harrison Rice had previously been given suspended sentences for his crimes. He was supposed to follow certain rules instead of serving time in jail, but the rules changed to make his crime less serious. A new law stated that if someone is being revoked for a crime that is now seen as less serious, their punishment must follow the new law's limits. Kaylen argued that his one-year revocation was too long given the new law. However, the court found that the existing rules and his situation didn’t allow for the changes he suggested. During his revocation hearing, Kaylen raised concerns about being supervised after his jail time, saying that the law did not allow for that kind of supervision for his crime. The State acknowledged this point but later dropped the argument, which meant the court didn't consider it. The court decided that since the State had waived its right to challenge this part, it could not revisit it in Kaylen's appeal. In conclusion, the court upheld the decision to revoke Kaylen's suspended sentences but overturned the requirement that he be supervised, which was not allowed under the new law.

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RE-2019-683

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In OCCA case No. RE-2019-683, the appellant appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify it to be limited to six months. One member dissented. The case involved the appellant who had earlier been sentenced for multiple crimes, including possession of a controlled substance and driving under the influence. Initially, he was given a suspended sentence where he would serve time in jail only on weekends. However, he violated the terms of his probation several times by failing to report, pay fees, and complete required programs. After a while, he faced new charges for more serious crimes, which led to the state seeking to revoke his suspended sentence altogether. During the hearing for the revocation, the judge decided to revoke all five years of his suspended sentence. However, the court found later that this action was not appropriate. The court ruled that even though the appellant had committed technical violations, he could only be punished with a maximum of six months because the alleged new crimes occurred after his probation had expired. The court concluded that the trial judge had made a mistake when revoking the whole five years instead of just six months based on the technical violations proven. Thus, the revocation punishment was modified by the court to six months instead of five years.

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M-2019-664

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In OCCA case No. M-2019-664, the appellant appealed his conviction for illegal entry with unlawful intent, outraging public decency, and assault on a police officer. In an unpublished decision, the court decided to reverse the conviction for illegal entry but affirmed the convictions for outraging public decency and assault on a police officer. One judge dissented. James Brewer was accused of several misdemeanors after the police were called to his neighbor's house because he was trying to break in. The neighbor's children had reported the incident to their mother, who called the police. When officers arrived, they found Brewer in a neighboring home, naked on the floor, being restrained by his brother. He was not cooperative when the police tried to arrest him. During the trial, the court heard from police officers but did not hear directly from the neighbor or her children. The prosecution's case relied on the officers' testimonies about what they found and how they arrested Brewer. He represented himself during the trial with the help of standby counsel. Brewer raised several issues on appeal. First, he argued that he should have received credit for the time he spent in jail before the trial. The court explained that it is up to the trial judge to decide whether to give this credit and stated that there was insufficient information showing that he was unable to pay for a bond that would have let him out of jail before the trial. He also claimed the prosecutor made mistakes during the trial, like bringing up parts of his attitude that were not relevant and making comments during closing arguments. The court decided that the prosecutor's actions did not unfairly affect the trial. Brewer argued that there was not enough evidence for his conviction for illegal entry. The court agreed that the evidence was weak because the neighbor and her children did not testify and there was no direct proof linking him to tampering with the air conditioners. His other claims related to cross-examination and the wording of the charges against him were found to be insufficient to overturn the convictions for the other two charges. His conviction for the illegal entry was reversed, meaning the prosecution could not pursue it further, but the convictions for outraging public decency and assault on a police officer were upheld. One judge had a different opinion and dissented from the majority ruling.

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F-2018-915

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**Court of Criminal Appeals of the State of Oklahoma** **Case Summary: Trever Wayne Ford v. The State of Oklahoma** **Case No:** F-2018-915 **Filed:** October 13, 2019 **Summary:** Trever Wayne Ford was convicted of Assault and Battery by Means and Force Likely to Produce Death under 21 O.S.2011, § 652(C) in the District Court of Pontotoc County, Case No. CF-2017-20. Judge C. Steven Kessinger sentenced him to twenty-five years in prison. Ford appealed, arguing that his sentence was excessive. **Key Points:** 1. **Appellant's Argument**: Ford contends that his sentence is too harsh given the conflicting evidence about the incident, his injuries (possibly a concussion), lack of prior convictions, employment status, family responsibilities, and character in relation to this crime. 2. **Court’s Response**: The court reviewed the case and noted that the trial court had considered all the relevant information when imposing the sentence. The evidence indicated that Ford engaged in violent actions that caused severe injury to the victim. 3. **Conclusion**: The appellate court found that Ford's twenty-five-year sentence was within the statutory range and not excessive given the circumstances described. Consequently, the court affirmed the judgment and sentence. **Decision**: The judgment and sentence from the District Court of Pontotoc County are upheld. **Counsel Information**: - **For Appellant**: Shelley Levisay, Ricki J. Walterscheid, Carlos Henry. - **For Appellee**: Mike Hunter (Attorney General), Keeley L. Miller (Assistant Attorney General), Tara Portillo (Assistant District Attorney). **Judges**: Opinion delivered by Vice Presiding Judge Kuehn; Judges Lewis, Lumpkin, Hudson, and Rowland concurred. For the full decision, please refer to the provided [PDF link](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-915_1735118232.pdf).

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RE-2018-868

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**FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **IN THE COURT OF CRIMINAL APPEALS / OF THE STATE OF OKLAHOMA** **SEP 12 2019** **JOHN D. HADDEN** **CLERK** --- **MISTY DAWN BARRETT,** **Appellant,** **V.** **No. RE-2018-868** **THE STATE OF OKLAHOMA,** **Appellee.** --- **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Misty Dawn Barrett appeals from the revocation of her suspended sentences in Muskogee County District Court Case Nos. CF-2016-439, CF-2017-126, CF-2017-127, and CF-2017-129. Appellant faced multiple charges across these cases, including Possession of a Controlled Dangerous Substance, Larceny of an Automobile, and Identity Theft, among others. After entering pleas and being convicted, she received several sentences which were subsequently suspended to be served concurrently. The State filed an Application to Revoke Suspended Sentence in all four cases, leading to a partial revocation of five years of her suspended sentences on October 25, 2017. A second Application to Revoke was filed on July 25, 2018, for new alleged crimes, leading to a revocation hearing where the trial court, presided over by Judge Mike Norman, revoked her remaining suspended sentences in full. In her appeal, Appellant argues that the full revocation was excessive, asserting that her past actions should have been anticipated due to her struggles with drug addiction, and claiming that incarceration is not an effective remedy for her situation. The decision to revoke a suspended sentence falls within the sound discretion of the trial court. A revocation will not be disturbed absent a clear abuse of that discretion (Jones v. State, 1988 OK CR 20, ¶ 8, 749 P.2d 563, 565). The State established sufficient grounds for revocation through competent evidence presented during the hearing. Appellant had previously benefited from leniency when only part of her suspended sentence was revoked. After reoffending post-incarceration, Appellant demonstrated that a suspended sentence is a privilege rather than a right (Hagar v. State, 1999 OK CR 35, ¶ 8, 990 P.2d 894, 897). **DECISION** The full revocation of Appellant's suspended sentences in Muskogee County District Court Case Nos. CF-2016-439, CF-2017-126, CF-2017-127, and CF-2017-129 is **AFFIRMED**. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the **MANDATE** is ordered to be issued upon the filing of this decision. --- **AN APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY, THE HONORABLE MIKE NORMAN, DISTRICT JUDGE** **APPEARANCES AT REVOCATION** **DANIEL MEDLOCK** 620 W. BROADWAY MUSKOGEE, OK 74401 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL** **NICOLLETTE BRANDT** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **TIMOTHY KING** ASST. DISTRICT ATTORNEY 220 STATE ST. MUSKOGEE, OK 74401 **COUNSEL FOR STATE** **MIKE HUNTER** OKLA. ATTORNEY GENERAL **CAROLINE HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** --- **OPINION BY:** KUEHN, V.P.J. **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR RA/F --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-868_1734360560.pdf)

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F-2018-945

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

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C-2018-1024

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It appears that you have provided a court document from the Oklahoma Court of Criminal Appeals relating to the case of Larado James Smith, who entered a guilty plea to multiple counts of rape and sodomy. The document outlines the background of the case, the procedural history, and the court's decision to deny Smith's petition for a writ of certiorari. To summarize the key points: 1. **Background of the Case**: Larado James Smith entered a negotiated guilty plea to six counts of Second Degree Rape and three counts of Forcible Sodomy, resulting in a 15-year prison sentence. 2. **Motion to Withdraw Plea**: Smith later filed a motion to withdraw his guilty plea, claiming he had valid reasons for doing so, including alleged pressure from his counsel and stress from his incarceration. 3. **Court's Findings**: The trial court conducted a hearing on this motion and ultimately denied it, finding that Smith had entered his plea knowingly and voluntarily. This decision was based on the court's assessment of the circumstances and Smith's understanding of the plea. 4. **Appeal**: Smith appealed the denial of his motion to withdraw the plea. The appellate court reviewed the record and determined that the trial court did not abuse its discretion in denying the motion. It was concluded that Smith’s plea was made voluntarily, after a thorough understanding of the implications. 5. **Final Decision**: The Court of Criminal Appeals denied Smith's petition for certiorari, affirming the lower court's judgment and sentence. If you have specific questions about the case or need information on a particular aspect of the document, please let me know!

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RE-2016-135

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In OCCA case No. RE-2016-135, Michael Brian Harrington appealed his conviction for violating probation. In a published decision, the court decided to deny the State's motion to dismiss the appeal as moot. The State had argued that Harrington's new ten-year sentence for a different crime made his revocation appeal unnecessary. However, the court found that his prior sentences could still affect how long he remains in prison, so the appeal matters.

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RE-2014-248

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In OCCA case No. RE-2014-248, Harvell appealed his conviction for violating conditions of probation related to drug possession. In an unpublished decision, the court decided to reverse the lower court's order that sentenced him to prison. The court concluded that the District Court lost its authority to revoke his suspended sentence when the state asked to dismiss the motion. Judge Smith dissented.

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RE 2013-0885

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In OCCA case No. RE 2013-0885, Lela Mae Goodwin appealed her conviction for violation of her probation due to several reasons, including drug use and not attending treatment. In an unpublished decision, the court decided to uphold the revocation of her suspended sentences but ordered the district court to remove a part that imposed post-imprisonment supervision. One judge dissented.

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RE 2013-0850

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In OCCA case No. RE 2013-0850, Chief Allen Weston appealed his conviction for Domestic Assault and Battery by Choking. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to modify the sentence to give Weston credit for the ninety days he had already served in jail during his probation period. One judge dissented.

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J-2013-87

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In OCCA case No. J-2013-87, J.C.T. appealed his conviction for Robbery With a Weapon. In an unpublished decision, the court decided to affirm the district court's order bridging him to the Department of Corrections and stated that he should be sentenced to twelve years, suspended, and granted credit for time served. One judge dissented. J.C.T. was charged as a youthful offender in 2011 and initially received a twelve-year sentence that was suspended as part of a plea agreement. He was supposed to enter a rehabilitation program. However, after allegations of serious misconduct, the State moved to transfer him to adult custody. A hearing was held to determine whether his actions warranted this change. The court reviewed the evidence and ultimately decided that the state had established a valid reason for transferring J.C.T. to the Department of Corrections. He was found guilty of not complying with the original terms of his sentence. The law allowed for such a transfer based on his behavior while under supervision. During the appeal, J.C.T. raised several issues. He argued that the trial court had misused its discretion by changing the suspension of his sentence to actual time in prison. J.C.T. believed he should only receive the suspended sentence as originally agreed upon. The court had to look at the invalidity of the new sentence imposed and the interpretation of relevant statutes regarding youthful offenders. Ultimately, the OCCA concluded that the district court needed to resentence J.C.T. to follow what was originally agreed—a suspended sentence of twelve years—and provide time served. This ruling was based on the court's interpretation of laws surrounding youthful offenders and the limits on sentencing options upon being bridged to the Department of Corrections. One judge agreed with the majority but argued that the district court had made a correct decision in sentencing J.C.T. to the twelve-year prison term because it reflected a consequence of his violating the terms of his original agreement. However, another judge believed the initial ruling should stand without any changes.

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RE-2010-762

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In OCCA case No. RE-2010-762, Mason appealed his conviction for possession of marijuana with intent to distribute. In a published decision, the court decided to affirm the revocation of Mason's suspended sentence but ordered a correction regarding the time served. One judge dissented. Mason had previously entered a guilty plea for a drug-related charge and received a suspended sentence, which meant he didn’t have to go to prison immediately but had to follow certain rules. Over time, he violated those rules several times. The state government, which is responsible for enforcing the law, filed multiple applications to revoke his suspended sentence due to his failures to comply with the terms of probation. He confessed to some of the allegations against him, such as not completing community service and not paying fees. After multiple chances and extensions given by the court to fix his issues, Mason still did not follow the rules. For example, he used drugs again and didn’t seek help as he was supposed to. At a hearing, the court found that Mason did not meet the terms of his probation and decided to revoke his suspended sentence completely. Mason argued that the court shouldn’t have been able to take away the whole suspended sentence because he had already served some time. The court agreed that Mason needed to be credited for time served but found it was appropriate to revoke the rest of the suspended sentence given that he didn’t comply when given chances. The final decision was to affirm the judgment that Mason had violated probation, but with instructions to the lower court to ensure they correctly noted how much time was left on his sentence. In conclusion, while Mason's appeal did not succeed in changing the outcome of the revocation, he was recognized for the days he had already spent in custody.

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RE-2010-457

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In OCCA case No. RE-2010-457, Jacquelin Clariece Alexander appealed her conviction for possession of a controlled dangerous substance and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for one charge, but reversed the revocation for the other charge, sending it back for dismissal. One member of the court dissented.

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RE-2010-403

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In OCCA case No. RE-2010-403, Eddie Ray Casey, Jr. appealed his conviction for Knowingly Concealing Stolen Property and Larceny of an Automobile. In a published decision, the court decided to affirm the revocation of Casey's suspended sentence but instructed the District Court to correct the record to reflect that nine total years were revoked. No one dissented.

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RE-2008-1001

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In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.

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F-2008-531

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In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

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RE-2007-1233

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In OCCA case No. RE-2007-1233, Jeffrey Allen Holden appealed his conviction for two counts of First Degree Rape and one count of First Degree Burglary. In an unpublished decision, the court decided to reverse the District Court's ruling and dismiss the State's application to revoke Holden's suspended sentence. One judge dissented. Holden had originally entered a guilty plea and was given a long sentence with part of it suspended. However, he was accused of violating probation by contacting the victim while in prison. The rules say that a hearing to revoke a suspended sentence needs to happen within twenty days after the guilty plea. When the second hearing wasn't conducted on time, Holden argued that the court didn't have the power to proceed. The court ultimately agreed with Holden, ruling that the process was not followed correctly, and because of this, they did not have the authority to go forward with the revocation. Therefore, the case was sent back with instructions to dismiss the application.

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C-2007-1009

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In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

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RE-2006-180

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In OCCA case No. RE-2006-180, the appellant appealed his conviction for revocation of his suspended sentence. In a published decision, the court decided in part to grant the appeal, allowing credit for thirty days previously served, but denied the rest of the appeal concerning time served in county jail during the revocation proceedings. One judge dissented. The case involved Raynard Emory Dinkins, who had received a suspended sentence after pleading guilty to Unlawful Possession of Marijuana. Over time, Dinkins faced various legal issues, including an application to revoke his suspended sentence due to numerous probation violations. A judge found that he had violated several rules during his probation, leading to a revocation of his suspended sentence. The court noted that Dinkins had been in jail before his revocation hearing but did not grant him credit for that time, arguing that it was because he had trouble working with his attorneys. Dinkins contested this, claiming he should receive credit for the time he served while awaiting the hearing. The court agreed that he should receive credit for an earlier thirty-day jail term related to his probation. In the end, the court found that while Dinkins was entitled to some credit for time served, it was within the judge's discretion not to grant him credit for the later time spent in jail. Therefore, the appeal was partially granted to correct the credit issue, while other claims were denied.

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RE 2006-0260

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In OCCA case No. RE 2006-0260, Rudy Leon Brockelsby appealed his conviction for Burglary II. In a published decision, the court decided to affirm the revocation of his suspended sentence but remanded the matter to the District Court for modification of the sentence to give credit for all time served during the period of the suspended sentence. One judge dissented. Brockelsby originally pled guilty to Burglary II in 2002 and was given a five-year suspended sentence, which meant he would not go to prison if he followed the rules of probation. He had to spend the first ten days in jail and was also ordered to pay some fines and restitution. Over the years, there were several attempts to revoke his suspended sentence. Two applications from the State to revoke his sentence were dismissed after he faced sanctions and served jail time. However, in 2005, the State filed a third application, leading to a hearing in March 2006. After this hearing, the judge decided to revoke Brockelsby's suspended sentence entirely, sending him to prison for five years. On appeal, Brockelsby argued that the judge wrongly made him serve a longer sentence than originally given because he believed that he should get credit for the days he already spent in jail. He claimed he had served 190 days in jail during his suspended sentence. The State agreed that he should receive credit for those days but argued that he was still responsible for other parts of his probation. Brockelsby also said that there was not enough evidence to prove that he willfully failed to pay the restitution that was ordered. However, the court found that Brockelsby had violated other rules of his probation, not just the restitution ruling. The court ruled that the judge had the right to revoke Brockelsby's sentence based on the evidence presented and found no abuse of discretion. Therefore, while they upheld the decision to revoke the suspended sentence, they ordered that Brockelsby receive credit for the time he served while on probation.

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RE-2006-363

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In OCCA case No. RE-2006-363, the appellant appealed her conviction for possession of a controlled dangerous substance (cocaine) with intent to distribute. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified the sentence to six years of incarceration. One judge dissented. The background of the case includes that the appellant entered a guilty plea in July 2003 and was sentenced to twelve years, which was suspended on the condition that she complete an inpatient drug treatment program. However, in March 2005, the state filed an application to revoke her suspended sentence due to several violations, including failure to report to her probation officer and failing to comply with drug testing and treatment requirements. The court found that she also had new drug-related charges against her. In November 2005, a hearing took place where she admitted to the violations. The court then revoked her suspended sentence completely. The appellant later tried to withdraw her plea regarding the revocation but was denied. The review showed that the court followed proper procedures, and the evidence supported the decision to revoke her sentence. Although the court upheld the decision, it decided to lower the amount of time she would spend incarcerated from twelve years to six years.

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RE-2005-863

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In OCCA case No. RE-2005-863, the appellant appealed his conviction for several counts of burglary and for knowingly concealing stolen property. In a published decision, the court decided to modify the order of the District Court regarding the appellant's sentences, making them run concurrently as originally ordered instead of consecutively. One judge dissented.

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