Judicial Finding Archives

RE-2017-706

Post author:Staff
Post published:November 8, 2018
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THOMAS LYNN SPANN,** Appellant, **-VS-** **THE STATE OF OKLAHOMA,** Appellee. No. RE-2017-706 **FILED ** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA NOV 8 2018 JOHN D. HADDEN, CLERK --- **SUMMARY OPINION** **HUDSON, JUDGE:** In the District Court of Stephens County, Case No. CF-2012-436A, Appellant, while represented by counsel, entered a plea of guilty to the offense of Cruelty to Animals. On October 10, 2013, in accordance with a plea agreement, the Honorable Joe H. Enos, District Judge, sentenced Appellant to a $1,000.00 fine and to five (5) years imprisonment, with all but the first one (1) year of that term conditionally suspended under written rules of probation. On October 20, 2016, the State filed a Motion to Revoke Suspended Sentence. The Motion alleged Appellant had violated his probation by: 1. Failing to provide verification of employment; 2. Being in $920.00 in arrears on supervision fees due to the Department of Corrections; 3. Failing to pay restitution of $152.44; 4. Failing to pay $75.00 per month beginning October 2015 towards costs, fines, and fees, resulting in arrears of $675.00. On November 10, 2016, the parties appeared before the Honorable Ken Graham, District Judge, regarding the Motion to Revoke. While represented by counsel, Appellant stipulated to the probation violations contained in that Motion. Further revocation proceedings regarding punishment were postponed for two months, allowing Appellant time to comply with his probation requirements. This period was later expanded twice, eventually leading to a hearing on June 22, 2017. At this June 22nd hearing, Appellant again appeared with counsel. The probation officer provided a Supplemental Report indicating that Appellant remained significantly delinquent in fulfilling payment obligations, although he had paid off the restitution. Additionally, the report noted that Appellant had not verified employment nor demonstrated compliance with job search requirements. There were also reports of unsigned traffic citations and evidence of an altered appointment slip presented by Appellant. After considering testimonies and evidence regarding Appellant's compliance, Judge Graham revoked Appellant's suspended sentence in full. Appellant now appeals that final order of revocation, asserting that the court denied due process and abused its discretion by revoking the remaining suspended sentence based on extra-application allegations. After careful review, we find no error warranting reversal. Appellant had stipulated to the probation violations, providing the State with the necessary grounds to prove the allegations. Consequently, the trial court had the authority to revoke the suspended sentence. Appellant failed to demonstrate significant compliance with probation requirements over an extended period, despite having opportunities to rectify the situation. The revocation order is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2018), MANDATE IS ORDERED ISSUED on the filing of this decision. --- **APPEARANCES AT TRIAL** **R. L. WILLIAMS** P.O. BOX 2095 LAWTON, OKLAHOMA 73502 ATTORNEY FOR DEFENDANT **GREG STEWARD** ASSISTANT DISTRICT ATTORNEY STEPHENS COUNTY COURTHOUSE 101 SOUTH 11TH STREET DUNCAN, OKLAHOMA 73533 ATTORNEY FOR STATE OF OKLA. --- **OPINION BY: HUDSON, J.** **LUMPKIN, P.J.: CONCUR** **LEWIS, V.P.J.: CONCUR** **KUEHN, J.: CONCUR IN RESULTS** **ROWLAND, J.: CONCUR** --- **KUEHN, JUDGE, CONCURRING IN RESULT:** I concur in the result. The trial court did not abuse its discretion in revoking Appellant's suspended sentence in full. Appellant stipulated to the Application to Revoke, making only the issue before the trial court whether to revoke the suspended sentence in part or in full. While Appellant used this opportunity to pay restitution, he failed to comply with the rest of the conditions. The trial court reasonably considered Appellant's interim behavior, given the evidence of continued violations, leading to the conclusion to revoke. The failure to make a determination regarding Appellant’s ability to pay was error, but not dispositive as Appellant had already stipulated to the original allegations. The trial court properly considered the evidence presented in mitigation when deciding the final revocation of the sentence.

S-2013-509

Post author:Staff
Post published:June 9, 2015
Post category:S

In OCCA case No. S-2013-509, Julio Juarez Ramos and Isidro Juarez Ramos appealed their convictions for first-degree murder. In a published decision, the court decided to affirm the district court's ruling granting the Appellees immunity from prosecution under Oklahoma's Stand Your Ground law. #1 dissented.

F-2010-267

Post author:Staff
Post published:July 19, 2011
Post category:F

In OCCA case No. F-2010-267, James Lyman Mahaffey appealed his conviction for Assault & Battery with a Deadly Weapon, Kidnapping, and Possession of Firearm After Conviction. In a published decision, the court affirmed the convictions but modified the sentences to be served concurrently instead of consecutively. One judge dissented. Mahaffey was accused and found guilty of serious crimes against his wife, including assault and kidnapping. The trial took place in the District Court of Grady County. After the jury convicted him, the judge sentenced him to life in prison for the assault, 10 years for the kidnapping, and 6 years for possession of a firearm, all lined up to be served one after the other, or consecutively. Mahaffey asked to represent himself during the trial, which means he wanted to defend himself without a lawyer. He argued that the court should not have allowed him to do this because he didn't clearly understand the risks involved in self-representation. However, the court decided that he was competent to represent himself and had made an informed decision. They had warned him that representing himself could be risky and could lead to mistakes that might change the outcome of the trial. During the trial, Mahaffey raised some claims against the prosecutor's behavior. He argued that the prosecutor acted unfairly by making comments that may have influenced the jury. For instance, Mahaffey claimed the prosecutor misrepresented the meaning of a life sentence and made other comments that distracted from the trial's fairness. However, the court concluded that while there were some mistakes made by the prosecutor, they were not serious enough to change the outcome of the case concerning his guilt. Despite this, the court found that the conduct during sentencing raised concerns about the fairness of the sentencing itself. The jury specifically asked about how the sentences would be served, indicating they were worried about the total time Mahaffey would spend in prison. Because of this, although Mahaffey’s convictions were upheld, the court changed the sentences to allow them to be served concurrently, meaning all the prison time would be served at the same time rather than one after the other. Ultimately, the court's decision meant Mahaffey would still have to serve his time, but the way his sentences were structured was altered to be less severe. The case was sent back to the lower court to fix the official documents to reflect that change in sentencing.

S 2005-702

Post author:Staff
Post published:August 23, 2006
Post category:S

In OCCA case No. S 2005-702, Roley appealed his conviction for Child Abuse/Neglect. In a published decision, the court decided to affirm the trial court's ruling. One judge dissented. Michael Ray Roley was charged with child abuse/neglect. This case started in Creek County District Court on November 9, 2004. After some hearings, the judge let Roley go free by granting a motion to quash, which means the charges against him were dismissed before a trial could happen. The State of Oklahoma, which was prosecuting Roley, didn't agree with this decision and decided to appeal it. They brought up three main points they believed were wrong with the judge's ruling. First, they argued that a previous case about a person’s right to confront witnesses didn’t apply to preliminary hearings. They said Roley was claiming a right to confront witnesses too early. Second, the State believed that Roley should not have been allowed to extend this right to preliminary hearings in such a broad way. Finally, they suggested that the court should consider the need to protect the child who was the victim in this case. After thoroughly examining the arguments and evidence, the court agreed with the trial judge’s decision. They highlighted that Oklahoma’s Constitution and laws give a person a right to confront witnesses during preliminary hearings, just like in a full trial. The court also noted that hearsay evidence, or what someone said out of court, could not be used unless the person who made the statement was unavailable. In this case, the children who were supposed to testify did not do so, making what the State presented unacceptable to prove that a crime had happened. The judges deliberated and concluded that the trial judge acted correctly when deciding not to allow the case to proceed based on the evidence presented. Therefore, the court supported the decision of the trial court to grant the motion to quash the charges against Roley, keeping him from being tried. In the end, the court affirmed the lower decision and stated that they would issue a mandate to finalize the ruling. One judge had a different opinion and disagreed, but the majority agreed that the earlier ruling should stand.

J 2000-690

Post author:Staff
Post published:January 11, 2001
Post category:J

In OCCA case No. J 2000-690, M.G. appealed his conviction for disturbing a meeting and assault and battery. In a published decision, the court decided to reverse the adjudication of delinquency and remand the case to the trial court for a new hearing. One justice dissented. The case began when M.G. was found delinquent after a jury trial held in Grady County. The judge decided that M.G. had committed acts that could be considered disturbing a meeting and assault and battery. After the trial, M.G. appealed the decision, raising multiple arguments as to why the finding should be overturned. One of the main arguments was that M.G.'s mother did not receive proper notice of the trial, which meant the court did not have the right to make a decision about M.G. without her being informed. The court found this point very important. It decided that because the mother wasn’t served with the petition, the trial process was not valid. M.G. also argued that expanding the definition of disturbing a meeting to include disruptions in school classes made the law unclear and too broad. He believed this was unfair. Moreover, he claimed there wasn’t enough evidence to support the allegations of assault and battery or disturbing the peace. The State of Oklahoma, the other party in this case, did not respond to M.G.’s arguments during the appeal. Because of the lack of reply from the State, the court decided to review the case based solely on M.G.'s points. After looking at all the information provided, the court stressed the significance of proper notice to the parents in these types of cases. They referred to a previous case to back up their reason for reversing M.G.’s adjudication. In the end, the court instructed that a new hearing must take place where all proper notices are given to the required parties. Ultimately, the court's decision meant that M.G. would have another chance to address the accusations against him in a lawful manner, ensuring that his rights and his family’s rights were properly respected.