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F-2021-554

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In OCCA case No. F-2021-554, Robert Willie Wilson, Jr. appealed his conviction for accessory to burglary in the second degree and carrying weapons. In an unpublished decision, the court decided to reverse and remand Count 1 (accessory to burglary) with instructions to dismiss the charge, while affirming Count 2 (carrying weapons). One member of the court dissented. The case revolved around Wilson's alleged involvement in a burglary at a laundromat. The jury found him guilty of being an accessory rather than guilty of the burglary itself. They sentenced him to twenty years for the accessory charge and thirty days for carrying a weapon, to be served at the same time as his other sentence. Wilson challenged his conviction, arguing that the evidence was not enough to prove he was an accessory to the burglary. He claimed that the State failed to show he actively concealed or helped another person, named Justin White, who committed the burglary. The law requires that to be an accessory, someone must help the offender escape arrest or punishment after the crime. During the trial, the evidence suggested that while Wilson was present in the vehicle during the time of the burglary, there was no proof that he helped White in any way after the crime. The court pointed out that Wilson's mere presence did not make him guilty. It highlighted that the State only showed he knew about the burglary, which was not enough to convict him as an accessory. Ultimately, the court concluded that the evidence did not support a conviction for accessory to burglary beyond a reasonable doubt. Therefore, they reversed Wilson's conviction for that charge, but they did maintain the conviction for carrying a weapon. The remaining claims in Wilson's appeal were no longer necessary to consider due to this decision.

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F-2020-54

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In OCCA case No. F-2020-54, Floyd Joseph Ball, Jr. appealed his conviction for kidnapping, assault and battery with a dangerous weapon, aggravated assault and battery, and disrupting an emergency telephone call. In an unpublished decision, the court decided to reverse the convictions and remand the case to the District Court of McClain County with instructions to dismiss the case. Ball's appeal raised several issues, particularly regarding the state's jurisdiction to prosecute him. He argued that he is an Indian under federal law and that the crimes occurred in Indian Country. The court recognized that these issues required more investigation. They sent the case back to the District Court for an evidentiary hearing to clarify whether Ball was indeed an Indian and whether the crimes took place in Indian Country. Both sides later agreed on a stipulation about the facts related to these questions. The District Court found that Ball had enough Indian blood and was recognized as an Indian by his tribe. It also determined that the crime happened on a reservation, meaning the State of Oklahoma had no jurisdiction to prosecute him for these crimes. The court ruled that Ball had proven his status and the location of the crimes, leading to the decision that the state could not prosecute him in this situation. The court decided that because of this finding, it did not need to address other claims raised by Ball and sent the case back to the lower court to dismiss it. Overall, the court recognized that Ball's rights under federal law regarding his Indian status and the location of the crime played a significant role in the outcome of the appeal.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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RE-2018-604

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LEROY ALEXANDER, JR.,** **Appellant,** **-VS-** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-604** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **OCT 10 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Leroy Alexander, Jr., was sentenced to a total of fifteen years for the crime of Rape in the Second Degree, with all but the first year suspended. This appeal arises from the revocation of the remainder of his suspended sentence by the Honorable George W. Butner, District Judge of Seminole County. **Facts:** On April 5, 2018, the State of Oklahoma filed a motion to revoke Appellant's suspended sentence, alleging violations related to failure to attend sex offender treatment and failure to submit to required polygraph examinations. An amended motion on June 1, 2018, added allegations of inappropriate employment at a children's carnival ride during a festival. During the revocation hearing, the State's probation officer testified that Appellant had initially attended treatment sessions but was terminated for non-attendance. Appellant claimed his violations stemmed from financial hardship and lack of transportation. The Court ultimately found that Appellant had not made genuine efforts to comply with the terms of his probation. **Points of Error:** 1. **Proposition I:** Appellant argues that the trial court lacked authority to revoke more than the actual suspended portion of his sentence. He claims the written order incorrectly states that all of the fifteen years was revoked. However, the oral pronouncement during the hearing indicated the revocation was for the remainder of the suspended sentence. The court later issued an amendment to clarify the written judgment, aligning it with the oral ruling. 2. **Proposition II:** Appellant contends the full revocation of his suspended sentence was excessive, arguing that his violations were a result of indigence and lack of resources. The court's discretion in revoking a suspended sentence is established unless there is an abuse of discretion. Judge Butner found the violations were due to Appellant's lack of effort rather than financial difficulties, which was supported by evidence in the record. **Decision:** The order of the District Court of Seminole County revoking the remainder of Appellant's fifteen-year suspended sentence is AFFIRMED. The Mandate is ordered issued upon the filing of this decision. --- **ATTORNEYS:** - **ZACHARY L. PYRON** - **CHAD JOHNSON** (Appellate Defense Counsel) - **CHRISTOPHER G. ANDERSON** - **MIKE HUNTER** - **THEODORE M. PEEPER** (Assistant District Attorney / Attorney General of Oklahoma) **OPINION BY:** **KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-604_1734429602.pdf)

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F-2017-1191

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In OCCA case No. F-2017-1191, Leroy Edward Gilbert, Jr. appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One justice dissented. The case involved the murder of Erma Jean Goodou, who was killed in 1994. For many years, the murderer remained unknown. Goodou was found dead in her home, showing signs of a violent struggle. There were indications that someone entered through a window, attacked her, and fled. Despite extensive investigation, her murder stayed unsolved for almost twenty years. In 2013, some of the evidence was retested, which produced DNA that identified Gilbert as the suspect. He had previously denied knowing Goodou despite having been a high school acquaintance. His fingerprints were also found at the crime scene. During the trial, Gilbert testified, claiming they had a secret relationship and tried to explain the presence of his DNA and prints, but the evidence was compelling against him. Appellant's arguments in the appeal included claims of improper jury instructions regarding the 85% Rule, prosecutorial misconduct, and ineffective assistance of counsel. The court found that while there were errors in jury instructions, specifically about the 85% Rule not being applicable to his case, these did not affect his substantial rights or the outcome. The comments made by the prosecutor during the trial were also deemed not to have harmed Gilbert's defense. Ultimately, despite a dissenting opinion regarding the impact of those errors, the court upheld the trial's decision, maintaining Gilbert's conviction for First Degree Murder and sentencing him to life without the possibility of parole.

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S-2018-950

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA, Appellant,** **V.** **JERRY LEE NILES, JR., Appellee.** **No. S-2018-950** **NOT FOR PUBLICATION** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR - 4 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** The State of Oklahoma appeals from an order affirming a ruling that sustained Jerry Lee Niles, Jr.'s demurrer to the evidence and motion to dismiss charges of Manslaughter in the First Degree. This appeal arises from the death of inmate Anthony Dewayne Huff, who died after being restrained for over fifty hours in the Garfield County Jail. **FACTUAL BACKGROUND** On June 8, 2016, Inmate Huff died in the Garfield County Jail while strapped in a restraint chair, prompting charges against Sheriff Niles and three co-defendants for manslaughter in the first degree, based on alleged misdemeanors of cruelty to prisoners and sheriff or jailer neglect. Judge Ryan D. Reddick granted Niles's demurrer, stating the evidence failed to demonstrate probable cause for either misdemeanor or a causal link to Huff's death. **REVIEWING JUDGE'S FINDINGS** Judge Jill C. Weedon, upon reviewing the preliminary hearing transcripts, found that although jail protocols were violated, Sheriff Niles was not personally involved in the events leading to Inmate Huff's death and had policies in place. The medical examiner determined that the cause of death was related to chronic alcoholism, not directly attributable to Niles's actions. **ISSUES PRESENTED BY THE STATE** 1. Whether sufficient evidence was presented to establish probable cause for the underlying misdemeanors. 2. Whether there was sufficient causation between Niles's alleged misdemeanors and Huff's death. 3. Whether there was probable cause for indicting Niles on the charge of Manslaughter in the Second Degree. **COURT ANALYSIS** The purpose of a preliminary hearing is to establish probable cause that a crime was committed and that the defendant likely committed it. The court must view evidence in favor of the state and ascertain if all elements of the crimes are sufficiently met. Here, the evidence did not support a conclusion that Niles engaged in misconduct that led to Huff's death. **DECISION** The repeated affirmations from both Judge Reddick and Judge Weedon regarding the insufficiency of the evidence concerning probable cause indicate no abuse of discretion. Thus, we AFFIRM the ruling of the District Court of Garfield County sustaining the magistrate's decision dismissing the charges. **CONCURRING OPINION BY HUDSON, J.:** While the court did not find criminal liability here, the circumstances surrounding the case are troubling. The death of an inmate, particularly under such inhumane conditions, raises serious moral questions. Although this ruling does not exonerate the sheriff or absolve oversight responsibility, any potential civil liabilities will fall upon taxpayers, which is an unfortunate outcome of this case. **COUNSEL:** For the State: Christopher M. Boring For Appellee: Gary J. James **END OF DOCUMENT**

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F-2017-241

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In OCCA case No. F-2017-241, Joseph Tunley, Jr. appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and send the case back for a new trial. The court found that Tunley's original waiver of his right to a jury trial was not shown to be knowing, intelligent, or competent, which is required by law. The dissenting opinion was not specified, but it indicates that there may have been differing views on the matter.

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M-2016-483

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In OCCA case No. M-2016-483, Kermit Lee Brannon, Jr. appealed his conviction for Driving a Motor Vehicle While Under the Influence of Drugs and Unsafe Lane Use. In an unpublished decision, the court decided to affirm the conviction for Driving Under the Influence of Drugs but reversed the Unsafe Lane Use conviction due to insufficient evidence. One member of the court dissented. Kermit Lee Brannon, Jr. was found guilty by a jury for two misdemeanors: driving while under the influence of drugs and unsafe lane use. He was sentenced to one year in jail and a fine for the first charge, and ten days in jail and a fine for the second charge. The sentences were meant to run one after the other. Brannon appealed his convictions, claiming that he was unfairly punished twice for the same incident, that the evidence didn't support his lane change conviction, that his sentence was too harsh, and that his lawyer didn't represent him well. The appeals court looked closely at what happened in the case and agreed with Brannon on the second charge. They found that there was not enough proof that he changed lanes without signaling or ensuring that it was safe to do so. Because of this, the court said they needed to cancel Brannon's Unsafe Lane Use conviction and send that part of the case back to be dismissed. Although they agreed with him on one point, Brannon's claims that he was unfairly punished multiple times and that he got a bad deal from his lawyer were not considered because they were connected to the Unsafe Lane Use conviction, which was overturned. The court also looked at the length of Brannon's sentences and decided that, given his past problems with drug charges, the punishment they gave him for driving under the influence was appropriate and not too harsh. In the end, the court decided to keep the conviction for Driving While Under the Influence and reversed the Unsafe Lane Use conviction, instructing the lower court to dismiss that charge.

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F-2015-212

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In OCCA case No. F-2015-212, Robert Leroy Gore appealed his conviction for Larceny of an Automobile and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to reverse and remand the case for a new trial. The court found that there was not enough evidence to show that Gore had properly given up his right to a jury trial. Therefore, the previous trial was not valid, and he will have another chance to present his case. No one dissented in this decision.

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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F-2012-08

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In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

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C-2009-542

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In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

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C-2009-317

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In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

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F-2009-15

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In OCCA case No. F-2009-15, Alfred Burke, Jr. appealed his conviction for Kidnapping and Forcible Oral Sodomy. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Burke was found guilty in Oklahoma County and received a very long sentence of 273 years for each crime, to be served one after the other. This was due to previous convictions he had. Burke disagreed with his punishment and claimed there were several mistakes made during his trial. He argued that a law he was judged under was unfair and went against his rights. He also said that evidence from a previous case should not have been shown in court. He thought his sentence was too harsh and believed that evidence from other crimes made the trial unfair. Finally, he believed that all the errors combined made it impossible for him to have a fair trial. The court looked closely at all of Burke's arguments. They found that the law he challenged was not unconstitutional. Most of the evidence against him was strong, especially the testimony from the person he victimized and DNA proof of his actions. However, the court agreed that showing evidence of his past crime likely impacted the jury's choice on punishment more than it should have. As a result, they changed his punishment to life imprisonment for both crimes, but now those sentences would be served at the same time instead of one after the other. The judges concluded that while there were some mistakes, they did not think these mistakes were enough to change his convictions. One judge did not agree with changing the sentences at all, believing the previous evidence was important for the case.

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F-2005-405

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In OCCA case No. F-2005-405, Edward Mark Szczepan, Jr., appealed his conviction for Assault and Battery upon a Police Officer. In a published decision, the court decided to affirm the conviction but modified the sentence. The dissenting opinion was not recorded. Szczepan was tried in a non-jury trial and found guilty of assaulting a police officer. The court sentenced him to four years in prison and a $1,000 fine. He challenged two things in his appeal. First, he questioned whether he properly waived his right to a jury trial. The court found that the record showed he had indeed made a valid waiver. The second challenge was about whether the evidence was enough to prove he had prior felony convictions. The State admitted they failed to show this evidence during the trial. Because the prior convictions must be proven beyond a reasonable doubt, the court agreed that the evidence was insufficient. Since the State could not present proof of Szczepan's prior convictions, the court noted that he could not be given the enhanced sentence that came with those convictions. Thus, the court modified his sentence to one year in prison and reduced the fine to $500. Overall, while the court upheld the conviction, Szczepan's punishment was made less severe due to the lack of evidence for the prior convictions.

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C-2005-207

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In OCCA case No. C-2005-207, William Allen Pelican, Jr. appealed his conviction for multiple counts of rape. In a published decision, the court decided to grant his petition for certiorari and remand the case for a new hearing. One judge dissented. Pelican was sentenced after entering a plea deal where he accepted nolo contendere pleas to three counts of serious crimes. These included rape by instrumentation and first-degree rape. He was given a total sentence of 22.5 years, with part of it suspended, and was also fined. Later, Pelican sought to withdraw his pleas, but the trial judge forced his lawyer to talk about the case despite the attorney having a conflict of interest. The lawyer felt he could not fully support Pelican because he also represented someone else. Because the trial judge didn’t let the lawyer withdraw before discussing the case, Pelican was not effectively helped by his attorney. This was seen as unfair to Pelican since he deserved a lawyer who could fully support his case without conflicts. The court recognized this problem, stating that everyone has the right to have a lawyer who can represent them fully and without conflicts. Because of these issues, the court decided to give Pelican another chance to have a hearing with new legal help so he could properly address his request to withdraw his pleas. The decision was made to correct the case records and ensure that Pelican would be fairly represented in the future.

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J-2005-542

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In OCCA case No. J-2005-542, S.H. appealed his conviction for being sentenced as an adult. In a published decision, the court decided to reverse the district court's decision, stating that there was not enough convincing evidence to support this adult sentencing. One judge dissented. The court found that S.H. should be sentenced as a youthful offender instead.

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F-2004-871

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In OCCA case No. F-2004-871, George Shelton, Jr., appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm Shelton's conviction but modified his sentence. One judge dissented. George Shelton was found guilty after a trial. He was accused of hiding stolen things and had a history of past crimes, which meant he could face a heavier punishment. The jury decided on a sentence of thirty-five years in prison. Shelton thought this punishment was too harsh and argued that what the prosecutor did was unfair because they brought up his past crimes during the trial. He believed this was done because he had tried to defend himself. The court looked very closely at everything that happened. They thought there wasn’t enough evidence to show that the prosecutor acted unfairly against Shelton. They believed that the facts presented during the case were enough to prove he was guilty. However, they agreed with Shelton that his punishment was too much. They decided to change his sentence to five years instead of thirty-five. In short, the court upheld the conviction of Shelton but changed his punishment to be less severe. While one judge agreed with the conviction and the sentence reduction, they did not think the modification was correct and chose to disagree.

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F-2002-1428

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In OCCA case No. F-2002-1428, Henry C. Flowers, Jr. appealed his conviction for False Declaration of Ownership to a Pawnbroker, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Flowers' conviction but remand the case for resentencing. One judge dissented. Flowers was found guilty by a jury and sentenced to twenty years in prison. His appeal included two main points of error. The first point was that he believed there wasn't enough proof that he made a false declaration to a licensed pawnbroker. He argued that since the employee who helped him at the pawnshop was not a licensed pawnbroker, his actions should not count as a crime. However, the court explained that the law only requires the pawnshop owner to be licensed, not every employee. Therefore, the court felt there was enough evidence for the jury to decide that Flowers committed the crime. The second point raised by Flowers was about how the judge handled his sentence. The judge seemed unsure whether he could make Flowers' twenty-year sentence run at the same time as another sentence he already had. The court explained that judges do have the authority to run sentences concurrently and that not knowing this could be an abuse of discretion. Because of this, the case was sent back to the lower court for the judge to review the sentencing again. Overall, the court upheld Flowers' conviction but said the judge needs to reassess how to handle the sentences.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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RE-2002-523

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In OCCA case No. RE-2002-523, Lonnie George Baker, Jr., appealed his conviction for the revocation of his suspended sentence. In a published decision, the court decided to affirm the revocation but modified the length of the sentence. One judge dissented. Baker had pleaded guilty to possessing illegal drugs and was given a five-year suspended sentence, which meant he wouldn't go to jail unless he broke the rules. However, he violated the terms of his suspension, leading the state to file a petition to revoke it. After a hearing, the judge decided that Baker had indeed broken the rules and revoked his suspended sentence. Initially, the judge announced Baker should be locked up for 4 years and 4 months. But later, Baker argued that this was incorrect because he had less time left to serve. The state agreed with him on that point. They also discussed extra time Baker spent in a mental hospital, but the court decided he wasn't entitled to credit for those days. Ultimately, the court agreed that Baker should go to jail, but they changed his sentence from 4 years and 4 months to 4 years and 90 days.

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