Inpatient Treatment

F-2018-1004

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHANNON SHEREE JOHNSON,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1004** **FILED FEB 13, 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** On April 18, 2017, Appellant Shannon Sheree Johnson entered a plea of guilty in Oklahoma County District Case No. CF-2015-8771. The trial court delayed her sentencing in this case and suspended the probation requirements for her prior cases—CF-2013-2846, CF-2014-1596, and CM-2015-1832—pending successful completion of the Oklahoma County Mental Health Court program. According to the plea agreement, if Appellant did not successfully complete the Mental Health Court, the trial court would revoke her suspended sentences in Case Nos. CF-2013-2846 and CF-2014-1596, convert her deferred sentences to convictions with a one-year prison sentence in Case No. CM-2015-1832, and impose concurrent ten-year sentences for Counts 1 and 2 in Case No. CF-2015-8771. The State filed a motion to terminate Appellant’s participation in the Mental Health Court, alleging her non-compliance with the program, including failure to follow court rules, lack of progress, unauthorized departure from inpatient treatment, and not graduating from treatment. After a hearing, Special Judge Geary Walke terminated her participation in Mental Health Court and sentenced her in accordance with her plea agreement. Appellant contends that the termination was an abuse of discretion, arguing that the judge should have considered intermediate sanctions before imposing the sentences. She cites her period of sobriety prior to the hearing as a reason for less severe punishment options. However, evidence presented at the hearing indicated that Appellant had consistently missed meetings, court appearances, and drug tests, and had not made adequate efforts to complete her treatment. Appellant's counsel argues that Judge Walke should have recognized relapses as part of the rehabilitation process under 22 O.S.Supp.2014, § 472(F). This section allows for discretion in determining whether conduct justifies revocation of a participant from the program. The record does not support Appellant's position that Judge Walke acted unreasonably or arbitrarily in the face of substantial evidence demonstrating her failure to comply with the program. As Appellant has not shown that the trial court's decision was contrary to law or the facts of the case, we conclude that there was no abuse of discretion. **DECISION** The termination of Appellant's participation in the Mental Health Court program is AFFIRMED. The mandate is ordered to be issued upon the filing of this decision. --- **APPEARANCES** **ON APPEAL** Melissa French, Counsel for Defendant Andrea Digilio Miller, Counsel for Appellant Heather Coyle, Assistant District Attorney Mike Hunter, Oklahoma Attorney General Tessa Henry, Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

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F-2017-1053

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In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

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J-2014-0646

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In OCCA case No. J-2014-0646, D.S.C. appealed his conviction for lewd or indecent acts to a child under 16. In a published decision, the court decided to reverse the order adjudicating him as a delinquent child and remand the case for further proceedings. One justice dissented. D.S.C., who was born on September 17, 1997, had been charged with two counts of lewd or indecent acts, and a petition was filed on December 21, 2012. His trial occurred without a jury on July 9, 2014, and the decision was made to find him delinquent, meaning that the court said he had committed an act that is considered wrong for a child of his age. D.S.C. appealed this decision, arguing that he had been denied a right to a jury trial. He claimed that he agreed to waive his jury trial as part of a deal to enter a sex offender program, which he did not end up getting into. Because he could not start or complete this program, he felt that he should not have waived his right to a jury trial. He believed that the deal between him and the State was unfair because it was not fulfilled, and therefore, the agreement should not hold. The court agreed with D.S.C. and pointed out that he had the right to demand a jury trial, which could only be waived under certain conditions. Since the conditions of the deal were not met, the waiver of the jury trial was not valid. This means that once the deal fell through, D.S.C. should have been given the chance to have a jury trial. Because of this ruling, the court decided to reverse the earlier decision that found D.S.C. delinquent and send it back to the lower court so that it can be handled differently. Since the court found this issue important, they did not see a need to discuss the other claims D.S.C. made in his appeal. Therefore, the outcome focused on the jury trial right, leading to the decision that he deserved another chance to have a trial with a jury.

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RE-2013-555

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In OCCA case No. RE-2013-555, Waylon Dean Snyder appealed his conviction for Possession of Marijuana within 1,000 Feet from a Park or School. In an unpublished decision, the court decided to reverse the termination of Snyder from the Drug Court Program and the corresponding order of revocation of his sentence. One judge dissented. The case began when Snyder entered a guilty plea on March 11, 2009, and was sentenced to five years in prison, with a condition that most of the sentence would be suspended if he followed specific probation rules. Unfortunately, he did not comply with these rules, leading to a motion filed by the State to revoke his sentence. The court allowed him to enter a Drug Court Program instead of serving time in prison, with the understanding that failing this program would lead to starting his prison sentence. Snyder admitted to struggling with some of the conditions in the Drug Court program but attended regularly and participated in court activities. Despite some positive attendance, problems arose when he allegedly violated more conditions, which led to a motion to terminate him from Drug Court. When the State sought to terminate Snyder's participation in Drug Court, Snyder raised the argument that he had not received written notice detailing the specific violations being used against him for this termination. This lack of notice was crucial because, according to the law, Snyder was entitled to know the reasons behind the State's actions. The court reviewed the earlier actions and concluded that the State did not follow the correct legal process. Specifically, they didn’t provide the necessary updated notice about his violations at this latest hearing. As a result, Snyder's termination from Drug Court was improper. Consequently, the court reversed the decision to terminate Snyder from the program, which also meant he could not be forced to serve the rest of his five-year prison sentence since that order was linked to the termination. The court instructed to dismiss the case since his time under the suspended sentence had legally expired. In conclusion, Snyder's appeal was successful, leading to the reversal of the earlier decisions and allowing him to avoid further penalties stemming from the Drug Court program.

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S-2012-719

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In OCCA case No. S-2012-719, Robert Brooke appealed his conviction for Driving a Motor Vehicle While Under the Influence of Alcohol and Transporting an Open Bottle or Container of Liquor. In an unpublished decision, the court decided to affirm the lower court's order deferring judgment and sentence. One judge dissented. The case began when Robert Brooke was charged with DUI and another alcohol-related offense. He entered a guilty plea but had a disagreement about whether he must serve time in jail or undergo inpatient treatment. The lower court decided to defer his sentencing for five years and found that the law requiring jail time or inpatient treatment was not enforceable in this situation. The state argued that the law clearly required jail time or inpatient treatment since it was Brooke's second DUI-related charge. However, the court explained that since a plea deal did not count as a conviction, the conditions related to jail or treatment did not apply. Instead, they found that Brooke should follow the recommendations given from his alcohol assessment, which included certain programs, rather than being required to serve time. The court looked closely at the wording of the law and decided that the terms about jail time only apply when there is a conviction. Since they did not convict Brooke but only deferred his sentencing, those specific requirements did not apply to him. The court also mentioned that while the law could be seen as constitutional, it did not matter in this case since they determined it was not applicable. Thus, they upheld the lower court's decision, allowing Brooke to complete the programs without being sentenced to time in jail. The final judgment was to affirm the decision of the District Court, allowing Brooke to follow through with the treatment required instead of serving jail time.

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F-2005-859

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In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

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F 2003-1018

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In OCCA case No. F 2003-1018, Orcutt appealed his conviction for Driving While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Orcutt was found guilty in a jury trial of several charges linked to driving while drunk. This happened in Creek County after a trial that lasted a few days in August 2001. The jury decided that he should spend ten years in prison and pay a big fine for his most serious crime, as well as some smaller fines for the other charges. Orcutt claimed that there were mistakes made during his trial. He said that the jury was not given the right instructions about how they should decide on the punishment. He also argued that the prosecution acted unfairly and that the jury should have been kept together without being allowed to leave during the trial. After looking at all the evidence from the trial and listening to the arguments made by both sides, the court said that Orcutt's convictions would stand. However, they agreed that the sentence needed to be changed. The jury had been instructed incorrectly about the possible punishments for Orcutt's offenses. The law said that they could not set his punishment to include both treatment and prison time at the same time. While his prison time of ten years and the fine were kept in place, the part of the punishment that required treatment and use of an ignition device was removed. The court found that some of Orcutt's other arguments about unfairness during the trial did not hold up, and no changes were made based on those claims. In conclusion, the court affirmed the main conviction but modified part of the punishment, removing some of the conditions, while agreeing on the primary penalties.

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C-2003-31

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In OCCA case No. C-2003-31, Nemol Joe Fox appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense, and misdemeanor Driving Under Revocation. In a published decision, the court decided to grant the petition for a writ of certiorari. One judge dissented. Mr. Fox entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. He was sentenced to ten years imprisonment, with five years suspended, plus fines for both charges. He later asked to withdraw his plea, saying he didn’t fully understand what he was agreeing to. The court found that Mr. Fox was not properly advised about the option of treatment for his drinking problem, which is allowed under the law for such cases. Because of this, the court decided that his plea should be allowed to be withdrawn. The original sentence was reversed, and Mr. Fox was granted another chance to address these issues. One judge disagreed, stating that the trial court likely considered all options, including treatment, when deciding on the sentence. The dissenting judge felt that Mr. Fox should not get to change his plea because he and his lawyer had not raised this issue earlier in court. Overall, the main decision was that Mr. Fox did not get the fair chance he should have had to understand his options, specifically regarding treatment for his alcohol issues.

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