Judge Graves

In OCCA case No. RE 2018-1288, Jose Santiago Hernandez appealed his conviction for robbery with a firearm and conspiracy to commit a felony. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. Hernandez had pleaded guilty to robbery with a firearm and conspiracy in 2017, getting a ten-year sentence for each count, but only had to serve five years if he followed the rules set for his probation. The State accused him of perjury, claiming he lied during a court proceeding about his co-defendant's involvement in the crime. During a hearing in December 2018, the judge found enough evidence to revoke Hernandez’s suspended sentences because he did not truthfully testify. Hernandez argued that the State did not show he committed perjury, but the court explained that they only needed to prove the violation of his probation terms by presenting a greater weight of evidence. The court concluded that they had enough evidence to believe Hernandez had broken the rules. Ultimately, the court upheld the decision to revoke his suspended sentences, meaning he would have to serve the full ten years.