Judicial Review

F-2018-336

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In OCCA case No. F-2018-336, Donnie Graham appealed his conviction for first degree rape. In an unpublished decision, the court decided to modify his sentence to include three years of post-imprisonment community supervision but otherwise affirmed the conviction. One judge dissented. The case began when Donnie Graham was found guilty of first degree rape after a jury trial. He was sentenced to fifteen years in prison and a fine. The case was heard in the District Court of Comanche County. Graham's main argument was about his right to have effective legal help during his trial. He claimed that his lawyer did not investigate earlier rape claims made by the victim and did not present evidence that could have proved those claims were false. He insisted that because of his lawyer's mistakes, he did not get a fair trial. The court looked closely at this claim. They first checked if Graham’s lawyer did not do their job properly according to professional standards. They needed to see if the lawyer's performance was bad enough to have affected the trial's outcome. After reviewing everything, the court decided that Graham did not show enough proof that his lawyer was ineffective. They denied Graham's request for a hearing to further examine his claims. Overall, the court changed his sentence to include three years of supervision after his prison time but upheld the decision regarding his guilt.

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C-2019-15

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In OCCA case No. C-2019-15, Nicholas Allan Daniel appealed his conviction for First Degree Felony Murder (Distribution of a Controlled Dangerous Substance) and Robbery with a Firearm. In an unpublished decision, the court decided to grant his request for a writ of certiorari, modifying his conviction for First Degree Felony Murder while reversing his conviction for Robbery with a Firearm. One judge dissented from this opinion. Nicholas Daniel faced serious charges after being accused of killing a man while trying to sell drugs and also robbing him. He pleaded guilty to these charges but later wanted to withdraw his plea. He felt that his lawyer did not help him enough during the process, and he raised several reasons for this claim. He argued that the lawyer had a conflict of interest, that he did not fully understand the consequences of his plea, that the plea lacked a good factual basis, and that he did not get effective help from his lawyer. The court carefully examined each of Daniel's arguments. In the first argument, the court found no real conflict of interest because Daniel’s dissatisfaction stemmed from the state’s evidence and the sentence, not from his lawyer's performance. In the second argument, it was decided that Daniel had entered the plea with a clear understanding that he would face sentencing and that it was done voluntarily. For the third argument, about the factual basis for his felony murder conviction, the court found that there were issues with how the charges were presented. It was determined that the way Daniel described the incident in his plea was inadequate to meet the legal requirements for felony murder because he was treated primarily as a buyer, not a seller of drugs. Thus, the combined crimes could not both stand. In terms of Daniel's claims against his lawyer's effectiveness, the court acknowledged that his lawyer could have done better. However, it ruled against some of Daniel's more serious arguments on the effectiveness of his lawyer, finding that he did not provide sufficient proof that his lawyer’s actions negatively affected his defense. In the final decision, the court adjusted Daniel's felony murder conviction based on the issues around how the charges were processed and reversed the robbery conviction, as it should not stand alongside the adjusted murder charge. Ultimately, the court confirmed Daniel's modified conviction for felony murder but sent the case back regarding the robbery count. One judge disagreed with parts of this conclusion, stating that the trial court had not made a mistake in the first place and therefore should not have granted the appeal. The judge argued that since Daniel's plea was expressed clearly and voluntarily, it should have been upheld without modification. The judge emphasized the importance of adhering to proper legal processes and rules when making such determinations. Thus, the outcome celebrated the importance of ensuring that legal principles and procedures are correctly applied, even as it affirmed Daniel’s conviction under modified circumstances.

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RE-2019-57

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In the Court of Criminal Appeals of the State of Oklahoma, Toni Lynn Cook appeals the revocation of her suspended sentence from the McIntosh County District Court. Cook had originally pled guilty to the charge of Obstructing an Officer. Following her guilty plea, the State filed a Motion to Revoke her suspended sentence, claiming she committed new crimes while on probation, which included multiple counts of Assault and Battery on a Police Officer and Indecent Exposure. The revocation hearing saw evidence presented, including testimonies from jailers detailing that Cook had exposed herself and physically resisted their attempts to move her to a solitary cell, leading to injuries to the officers involved. The trial court found that the State met its burden to show by a preponderance of the evidence that Cook had violated her probation. Cook raised several propositions on appeal: 1. **Insufficient Evidence**: Cook argued that the evidence presented was insufficient to prove the alleged probation violations. However, the court found that the evidence sufficient and credible, affirming that the trial judge did not abuse his discretion. 2. **Waiver of Hearing Within Twenty Days**: Cook contended that her waiver of the right to a hearing within twenty days was not valid. The court ruled that Cook had waived this right knowingly, as she had not requested an early hearing and did not provide evidence that she was unaware of this right. 3. **Excessiveness of Revocation**: Cook argued the revocation was excessive. The court noted that revocation is a matter of grace, and since Cook committed multiple new offenses while on probation, the trial judge's decision to revoke her sentence in full was not an abuse of discretion. In conclusion, the Court of Criminal Appeals affirmed the trial court’s decision to revoke Cook's suspended sentence, finding no merit in her claims. The mandate was ordered to be issued upon filing the decision.

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C-2018-1167

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Ronald Fitzgerald Williams. Williams entered a negotiated guilty plea to multiple counts related to drug offenses and other violations. After sentencing, he filed a motion to withdraw his guilty plea, which the trial court denied. The Court of Criminal Appeals granted a writ of certiorari (a type of court order) and remanded the case for a new hearing on Williams' motion to withdraw his plea. The court found significant errors: 1. Williams was allegedly misadvised about his appellate rights, affecting the voluntariness of his plea. 2. The evidentiary hearing on the motion to withdraw the plea was held in his absence without a valid waiver of his right to be present. 3. Williams asserted he was denied effective assistance of counsel. The court emphasized that due process requires a defendant's attendance at a hearing concerning the withdrawal of a plea unless there’s evidence of a waiver, which was not present in this case. The court reversed the trial court’s denial of the motion to withdraw the plea and ordered a new hearing to ensure due process is upheld. The document concludes with information about the attorneys involved in the case and instructions for further proceedings. For additional details or specific legal arguments, you can download the full opinion using the link provided.

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F-2017-963

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In OCCA case No. F-2017-963, Randall Duane Throneberry appealed his conviction for Lewd Acts with a Child Under 16. In an unpublished decision, the court decided to affirm the conviction and the sentence of life imprisonment without the possibility of parole. One judge dissented. Randall Duane Throneberry was tried and found guilty in an Oklahoma court for lewd acts with an child under the age of 16. The jury recommended that he be sentenced to life in prison without any chance for parole because he had a prior conviction for a similar crime. The case began when a young girl named R.F. reported that Throneberry had molested her while she was sleeping on a couch. The events happened in August 2015 when R.F. and her mother were staying at a family friend's house, where Throneberry was also visiting. One night, while R.F. was sleeping, Throneberry was found standing too close to her and had his hand under her blanket. The next morning, R.F. woke up to find Throneberry touching her inappropriately. During the trial, Thorneberry argued that some testimonies regarding R.F.'s behavior after the incident should not have been allowed, claiming that it unfairly impacted the jury. However, the court ruled that this evidence was relevant to show the credibility of R.F.'s testimony. Throneberry also challenged the admission of testimony from another victim, D.W., who had been molested by him when she was seven years old. The court allowed this testimony as it demonstrated Throneberry's pattern of behavior. Despite Throneberry's claims, the court found that the testimony was relevant and important for the case. Throneberry's argument that his life sentence without parole was unconstitutional was also denied. The court stated that the sentence was not excessively harsh compared to the serious nature of the crime and Throneberry's history of similar offenses. The judge noted that sentencing is ultimately a matter for the legislature, and in these kinds of cases, severe punishments are justified. In summary, the court upheld Throneberry's conviction and life sentence, finding no errors in the trial or the evidence presented. The judgment was affirmed, with one judge expressing a different opinion.

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S-2019-479

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case involving Chris Forte and Skyla Forte, who were charged with Child Abuse by Injury and Child Neglect. The order of the District Court, which quashed the child abuse charge due to insufficient evidence, has been reversed by the appellate court. Key points from the document include: 1. The appellate court held that the District Court abused its discretion in determining that the magistrate's bind-over order for Count 1 (Child Abuse by Injury) was not based on competent evidence. 2. The preliminary hearing established that the alleged victim, a six-year-old girl named K.K., suffered extensive bruising and malnourishment which were reported as a result of the conduct of the Appellees. 3. Evidence included testimony from a child abuse pediatrician whose findings indicated that the injuries were consistent with abuse rather than legitimate disciplinary actions. 4. The court stated that the determination of whether the force used was reasonable or excessive is typically a matter for a jury to decide. 5. Ultimately, the matter has been remanded to the District Court for further proceedings consistent with the appellate court's opinion. The case illustrates the legal standards for assessing probable cause during preliminary hearings and clarifies the threshold for determining whether the use of physical discipline may cross into abusive conduct under Oklahoma law.

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F-2018-691

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The document you provided outlines a legal case involving Jose Santiago Hernandez, who had his suspended sentences revoked due to alleged perjury. Here’s a summary of the key points: 1. **Background**: Hernandez entered a guilty plea to charges of robbery with a firearm and conspiracy in January 2017, resulting in a ten-year sentence with the last five years suspended. 2. **Revocation**: The State filed an application to revoke his suspended sentences on the grounds that he committed perjury by providing false statements regarding his co-defendant's involvement in the robbery during court proceedings. 3. **Hearing**: A revocation hearing took place on December 19, 2018, where the judge found that Hernandez did not provide truthful testimony. The judge ruled in favor of the State's application to revoke his suspended sentences. 4. **Appeal**: Hernandez appealed the revocation, arguing that the State did not present sufficient evidence of perjury, violating his due process rights. 5. **Court's Decision**: The appellate court affirmed the lower court's decision, stating that violations of suspended sentences need only be shown by a preponderance of the evidence. The court concluded that there was sufficient evidence to support the revocation and found no abuse of discretion by the trial court. 6. **Conclusion**: The revocation of Hernandez's suspended sentences was upheld. For any further inquiries or specific details about the case, feel free to ask!

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F-2018-562

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON THOMAS BROCK,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-562** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Aaron Thomas Brock was convicted by jury of robbery with a dangerous weapon and conspiracy to commit a felony in Oklahoma County District Court, receiving a total sentence of thirty-five years imprisonment. He appeals with two propositions of error. **Proposition One: IAD Violation** Brock argues his rights under the Interstate Agreement on Detainers (IAD) were violated when the State did not bring him to trial within the mandated 180 days. The trial court ruled that no proper detainer was lodged against him as required by Article III of the IAD. Brock contends that a documentation was sent to the appropriate authorities, triggering the IAD timeline. The trial court determined that there was no evidence of a proper detainer because the Oklahoma County District Attorney's office and the Court Clerk's office had no record of receiving documentation from Brock. Notably, the trial court found a facsimile from the Sheriff's office did not constitute a proper detainer as defined by case law (Fex v. Michigan). The Court agreed with the trial court's findings, ruling that Brock failed to provide sufficient documentation and credible evidence to support his claims. **Proposition Two: Insufficient Evidence** In his second proposition, Brock asserts that the evidence was insufficient to uphold the conviction for robbery with a dangerous weapon. The standard for reviewing evidence requires this Court to determine if, viewing the evidence favorably to the prosecution, a rational jury could find guilt beyond a reasonable doubt. The facts presented included testimony that a knife was brandished toward a victim and that money was taken by a co-defendant and given to Brock. The Court found that this evidence met the elements for robbery with a dangerous weapon, reinforcing that the presence of fear in the victim suffices for conviction. **Decision** Both propositions of error raised by Brock are denied. The judgment and sentence are AFFIRMED. A mandate will issue upon filing this decision. **Appeal from the District Court of Oklahoma County** The Honorable Timothy R. Henderson, District Judge **Attorneys for Appellant**: Nick Southerland, Andrea Digilio Miller, Micah Sielert **Attorneys for Appellee**: Kelly Collins, Mike Hunter, Lori McConnell, Jennifer B. Miller **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-562_1735316443.pdf)

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F-2018-760

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**Court of Criminal Appeals of the State of Oklahoma** **Case Summary: Monte Dean Perry v. The State of Oklahoma** **Case No.: F-2018-760** **Judgment Date: December 5, 2019** **Overview:** Monte Dean Perry was convicted by a jury on charges of assault and battery with a deadly weapon and endeavoring to perform an act of violence. The court sentenced him to 30 years for the first count and 5 years for the second, with both sentences to run concurrently. **Legal Issue:** Perry appealed the conviction, claiming that the evidence was insufficient to prove he assaulted the victim with a knife, arguing that the prosecution did not meet the burden of proof beyond a reasonable doubt. **Court's Review Standard:** The appellate court evaluated the evidence under the standard that favors the prosecution, determining if any rational trier of fact could find the essential elements of the crime proven beyond a reasonable doubt, as per *Spuehler v. State*. **Decision:** The court upheld the jury's conviction, finding that the evidence was indeed sufficient to support the verdict. Perry's proposition of error was denied, and the judgment and sentence were affirmed. **Additional Notes:** - Perry must serve 85% of his sentence for Count 1 before being eligible for parole consideration. - The opinion was delivered by Presiding Judge Lewis, with concurrence from Judges Kuehn, Lumpkin, Hudson, and Rowland. For full text or additional details, refer to the official opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-760_1735216916.pdf).

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F-2018-1020

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The document is an opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Renese Bramlett, who was convicted of First Degree Murder and sentenced to life imprisonment without the possibility of parole. The case summary includes the following key points: 1. **Background**: Bramlett's original conviction was affirmed, but his sentence was vacated, leading to a resentencing trial where the same life without parole sentence was imposed again. 2. **Appeal Issues**: Bramlett raised three main issues on appeal: - Alleged prosecutorial misconduct during closing arguments. - Denial of due process due to the introduction of his prior felony convictions while being unable to present mitigating evidence. - A claim that the sentencing process should have been modified rather than remanded for resentencing. 3. **Court's Findings**: - **Prosecutorial Misconduct**: The Court found that the prosecutor's comments did not constitute inappropriate appeals to sympathy but were instead proper comments on the evidence. No relief was warranted. - **Due Process Concerns**: The Court upheld the procedure established by Oklahoma statute, which allows the State to introduce evidence of prior felony convictions without permitting the defendant to present mitigating evidence. The statutory framework was deemed to meet due process requirements. - **Remand vs. Modification**: The Court rejected Bramlett's argument that a modification of sentence was warranted. It ruled that the resentencing procedure did not disadvantage him, and there were no legal errors that warranted a modification of the sentence. 4. **Conclusion**: The Court affirmed the sentence imposed by the district court, confirming that the procedures followed during resentencing were consistent with due process and statutory law. The opinion also includes concurring opinions from Judges Lewis and Kuehn, who noted specific interpretations of the law regarding sentencing in noncapital cases. In summary, the Court's decision reinforces the legal standards governing the introduction of evidence during sentencing in noncapital murder cases and the limits on presenting mitigating evidence in light of prior felony convictions.

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F-2018-954

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-954** --- **CHRISTIAN D. MOLINA-SOLORZANO, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Christian D. Molina-Solorzano appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-259, for Aggravated Trafficking in Illegal Drugs, in violation of 63 O.S.Supp.2015, § 2-415. The Honorable F. Douglas Haught presided over the non-jury trial, found Molina-Solorzano guilty, and sentenced him to fifteen years imprisonment, $1,000.00 fine, and one year of post-imprisonment supervision. Molina-Solorzano raises the following issues: 1. Ineffective assistance of counsel for failing to challenge the basis for the traffic stop. 2. Ineffective assistance of counsel for failing to inform him of his rights under the Vienna Convention on Consular Relations (VCCR). 3. Entitlement to retroactive application of recent changes in law regarding parole eligibility for aggravated trafficking convictions. **DECISION:** After review, we find relief is not warranted and affirm the district court's Judgment and Sentence. **1. Ineffective Assistance of Counsel: Traffic Stop Challenge** Molina-Solorzano asserts that defense counsel was ineffective by not challenging the validity of the traffic stop, which he claims was based on race discrimination and an inadequate fog light infraction. To succeed on an ineffective assistance claim, Molina-Solorzano must demonstrate: - Counsel's performance was deficient. - The deficiency resulted in prejudice that affected the outcome of the trial. The Fourth Amendment prohibits unreasonable searches and seizures, and a traffic stop is valid if the officer had probable cause or reasonable suspicion of a traffic violation. The record, including video evidence from the traffic stop, supports that the stop was justified due to a fog light infraction. The trooper's testimony confirmed that visibility was over a mile, and thus the use of fog lights constituted a violation under Oklahoma law. Since the stop was justified, Molina-Solorzano cannot establish that counsel's failure to challenge it affected the trial's outcome, denying his ineffective assistance claim. **2. Ineffective Assistance of Counsel: VCCR Rights** Molina-Solorzano also contends that defense counsel failed to inform him of his rights under the VCCR, which would have allowed him to contact the Mexican consulate for assistance. To evaluate this claim, we consider: - Whether he was unaware of his right to contact his consulate. - Whether he would have utilized that right had he known. - Whether the consulate's assistance would have likely aided his defense. The record lacks evidence that Molina-Solorzano was unaware of his rights or that assistance from the consulate would have changed the trial's outcome. Appellate counsel's assertions do not suffice to demonstrate these conditions. Therefore, this claim is also denied. **3. Retroactive Application of Parole Changes** Molina-Solorzano argues that he should benefit from recent legislative proposals reducing parole eligibility terms for aggravated trafficking convictions. However, as legislation is not retroactive unless explicitly stated, and the referenced Senate Bill was never enacted, his claim is moot. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. The MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES** - Kenny R. Goza, Counsel for Defendant - Debra K. Hampton, Counsel for Appellant - Gina R. Webb, Counsel for State - Mike Hunter, Attorney General of Oklahoma - Joshua R. Fanelli, Assistant Attorney General **OPINION BY:** ROWLAND, J. **Concur in Results:** KUEHN, V.P.J. **Concur:** LUMPKIN, J. **Concur:** HUDSON, J. --- For the full decision, click here: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-954_1734874505.pdf)

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S-2018-1227

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA,** Appellant, **v.** **DAVID FLORES VILLANUEVA,** Appellee. **No. S-2018-1227** **NOT FOR PUBLICATION** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN** **CLERK** --- **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: On March 6, 2018, Defendant Villanueva was charged with one count of Burglary in the First Degree in Comanche County Case No. CF-2018-135. On November 7, 2018, a preliminary hearing was held before the Honorable Ken Harris, Special Judge. At that hearing, the State amended the information to include a charge of Conspiracy to Commit Burglary. Villanueva demurred to both charges; the demurrer to the burglary charge was overruled, while the conspiracy charge was granted. The State appealed this ruling under Rule 6.1 and 22 O.S.2011, § 1089.1. Judge Meaders, after reviewing the preliminary hearing transcript and hearing arguments from both sides, upheld the magistrate's decision. From this ruling, the State continued its appeal. The State's primary argument was that it was erroneous for the trial court to grant Villanueva's demurrer concerning the conspiracy charge. According to Rule 11.2(A)(4), this appeal was automatically assigned to the Accelerated Docket. The analysis considers whether there was sufficient evidence, viewed favorably towards the State, to find that a felony crime occurred and that Villanueva likely committed it. The Court must uphold the magistrate's ruling unless there was an abuse of discretion. The Court determined that no such abuse of discretion occurred in this instance. The decision to grant the demurrer concerning the conspiracy charge was not clearly erroneous or illogical based on the evidence presented. **DECISION** The order dismissing the conspiracy charge against Villanueva in Comanche County District Court Case No. CF-2018-135 is AFFIRMED. A MANDATE is ORDERED issued upon the delivery and filing of this decision, in accordance with Rule 3.15. --- **APPEARANCES AT TRIAL** **COUNSEL FOR STATE/APPELLANT** Kyle Cabelka, Assistant District Attorney Comanche County **COUNSEL FOR DEFENDANT/APPELLEE** Clay Hillis Lawton, OK --- **OPINION BY:** LEWIS, P.J. **CONCUR:** KUEHN, V.P.J.; LUMPKIN, J. **DISSENT:** HUDSON, J.; ROWLAND, J. --- **DISSENTING OPINION OF HUDSON, J.:** I align with Judge Rowland's dissent and wish to emphasize that the magistrate's decision did not adhere to the proper legal standard, which mandates that at a preliminary hearing, the State is not obliged to present evidence that would suffice for a conviction; rather, the standard is to establish probable cause. The preliminaries focus on whether there is enough evidence for a reasonable person to conclude that an agreement to commit a crime existed among the suspects. Based on the testimony, when two armed men and a female accomplice invade a home, demanding money while brandishing weapons, the magistrate should have inferred an agreement had taken place, viewing the facts favorably for the State. The evidential threshold should reflect that significant circumstantial evidence can imply conspiracy. My view is that the magistrate abused discretion by ruling there was insufficient evidence for conspiracy at the hearing's conclusion. The facts supporting the charge should have warranted a finding of probable cause as a reasonable inference could be drawn affirming an agreement among the accused parties. The ruling lacks justification against existing legal precedents. The magistrate's interpretation of the circumstances failed to consider the appropriate evidential standard and should be revised. I am authorized to state that Judge Hudson concurs with this dissent. --- For the official full text, [click here to download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1227_1734274980.pdf).

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RE-2018-1071

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSE ANGEL LOPEZ, ) Appellant, ) V. ) No. RE-2018-1071 THE STATE OF OKLAHOMA, ) Appellee.** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 26 2019** **SUMMARY OPINION** *KUEHN, VICE PRESIDING JUDGE:* Appellant, Jose Angel Lopez, pled guilty to Count 1 - Using a Vehicle to Facilitate the Intentional Discharge of a Firearm, a felony, and Count 2 - Possession of a Controlled Dangerous Substance, a misdemeanor, in Oklahoma County District Court Case No. CF-2010-3550. He was sentenced to ten years imprisonment for Count 1 and one year imprisonment for Count 2. The sentences were ordered to run concurrently, with all but the first five years suspended. Following a one-year Judicial Review hearing, Appellant’s sentence for Count 1 was modified to three years to serve and seven years suspended. The State filed an Application to Revoke Suspended Sentence, alleging Appellant violated the terms of his suspended sentence by failing to pay supervision fees, failing to report as directed, and committing the new crime of Possession of CDS, as alleged in Lincoln County Case No. CF-2014-343. The application to revoke was later amended to further allege Appellant committed the new crimes of Assault and Battery with a Deadly Weapon and Felon in Possession of a Firearm, as alleged in Oklahoma County Case No. CF-2017-4230. Following a revocation hearing before the Hon. Glenn M. Jones, District Judge, Appellant's suspended sentence was revoked in full. Appellant appeals the revocation of his suspended sentences, raising a sole proposition of error: the trial court abused its discretion in revoking Appellant's sentence based entirely upon hearsay evidence with no particularized guarantee of reliability. We affirm the order of the District Court revoking Appellant's suspended sentence in full. The decision to revoke a suspended sentence, in whole or in part, is within the sound discretion of the trial court and such decision will not be disturbed absent an abuse thereof. Tilden v. State, 2013 OK CR 10, 10, 306 P.3d 554, 557. An 'abuse of discretion' is defined by this Court as a 'clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and against the application.' Walker v. State, 1989 OK CR 65, 5, 780 P.2d 1181, 1183. Alleged violations of conditions of a suspended sentence need be proven only by a preponderance of the evidence. Tilden, 2013 OK CR 10, 5, 306 P.3d at 556. Judge Jones determined that the State showed, by a preponderance of the evidence, that Appellant committed the new crimes alleged in Oklahoma County Case No. CF-2017-4230. This decision was reached after reviewing the preliminary hearing's transcript from Case No. CF-2017-4230, in which the victim testified Appellant entered his yard and shot him while he was sitting on his front porch. This Court has held that neither the relaxed due process standards nor the provisions of Section 991b are violated when a transcript of a previous judicial hearing is admitted into evidence at a revocation hearing so long as the defendant was allowed to confront and cross-examine the witnesses at the previous judicial hearing. Wortham v. State, 2008 OK CR 18, 15, 188 P.3d 201, 206. A review of the preliminary hearing transcript shows that Appellant’s trial counsel, who also represented him at the revocation hearing, cross-examined the State's only witness. The testimony of a witness about his personal knowledge of the events, under oath and subject to cross-examination, is not hearsay. Appellant has not shown an abuse of discretion. **DECISION** The District Court's revocation of Appellant's suspended sentence in Oklahoma County District Court Case No. CF-2010-3550 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 issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE GLENN M. JONES, DISTRICT JUDGE** APPEARANCES AT HEARING: LYDIA FIELDS ANDREA DIGILIO MILLER COUNSEL FOR DEFENDANT TIFFANY NOBLE ASST. DISTRICT ATTORNEY, OKLAHOMA COUNTY COUNSEL FOR THE STATE MIKE HUNTER ATTORNEY GENERAL CAROLINE E.J. HUNT ASST. ATTORNEY GENERAL COUNSEL FOR APPELLEE **OPINION BY:** KUEHN, V.P.J.: LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: RECUSE 005 [Download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1071_1734355190.pdf)

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F-2018-36

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In OCCA case No. F-2018-36, Robert Eugene Brewer appealed his conviction for Sexual Abuse of a Child Under 12. In a published decision, the court decided to affirm Brewer's conviction. One judge dissented. Brewer was tried in Tulsa County for sexually abusing a child under the age of 12. He was convicted by a jury and sentenced to seven years in prison. He was also ordered to serve three years of supervision after his prison term. Brewer appealed the decision, arguing that the trial court made a mistake by allowing evidence related to other crimes that he believed had not been proven. The court reviewed the evidence and arguments presented. The main issue was whether the trial court had the right to let in evidence that showed Brewer had a pattern of behavior related to sexual abuse. This type of evidence is sometimes called propensity evidence. Brewer argued that the trial court should have held a special hearing before allowing this evidence and should have required witnesses to testify in person. However, the court found that the trial judge had done a thorough job. The judge had held multiple hearings and considered the evidence carefully. The judge did not make a mistake by allowing the evidence because they had enough information to decide it was relevant and necessary for the case. Even though Brewer did not object to the evidence when it was presented during the trial, the court considered whether there was a serious mistake that affected the fairness of the trial. After reviewing everything, the court concluded that the trial judge acted correctly. In summary, the court believed that the evidence presented was acceptable and did not harm Brewer's case. Therefore, Brewer’s conviction was upheld, but the court also instructed the district court to make some corrections to its legal documents regarding the correct law that applied to Brewer's actions at the time of the crime. The decision was to keep Brewer's sentence in place while correcting the legal documentation properly.

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PC-2018-723

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**Summary of Court Decision: Shawn A. Detwiler v. The State of Oklahoma** *Case Overview:* Shawn A. Detwiler sought post-conviction relief related to multiple convictions stemming from offenses committed as a juvenile, including armed robbery and shooting with intent to kill. After initially pleading guilty to several charges and receiving concurrent sentences, he argued that the combination of his consecutive sentences constituted a de facto life without parole sentence, violating his Eighth Amendment rights. *Key Points of Rulings:* 1. **Case Summation:** Detwiler was convicted on several counts involving crimes such as burglary, robbery, and assault. His sentences ranged from 5 years to life imprisonment, some being discharged over time. 2. **Legal Precedents Cited:** Detwiler's argument was heavily reliant on the legal interpretations established in *Graham v. Florida*, *Miller v. Alabama*, and *Montgomery v. Louisiana*, which emphasize that juvenile offenders should not be sentenced to life without parole for non-homicide crimes. 3. **District Court's Findings:** The District Court found that since Detwiler was not sentenced to life without parole or its functional equivalent, the Eighth Amendment protections cited in those cases did not apply. 4. **Aggregate Sentencing Argument:** Detwiler contended that his sentences, when viewed collectively, equated to a de facto life sentence. However, the court maintained that each sentence should be evaluated independently. 5. **Response to Tenth Circuit Precedent:** The Oklahoma Court of Criminal Appeals referred to a prior ruling (Martinez v. State) which rejected the idea of viewing multiple sentences in aggregate for Eighth Amendment analysis. 6. **Conclusion by the Court:** Detwiler's post-conviction relief was ultimately denied. The court established that he has the potential for parole consideration and has not received sentences that deal with him as if he was sentenced to life without parole as per the noted precedents. *Dissenting Opinions:* 1. Judge Lewis dissented, arguing that consecutive sentences for multiple serious offenses committed as a juvenile effectively mean a lifetime sentence without a realistic chance for release, which may constitute cruel and unusual punishment. 2. The dissent emphasized that juveniles should be given a chance to demonstrate maturity and rehabilitation, which the current sentencing practices do not permit. 3. It was asserted that the framework of Graham should extend to prevent the imposition of excessively punitive aggregated sentences for juveniles, thereby relieving them of permanent confinement without the chance for parole. *Final Notes:* The court's ruling underscores ongoing debates about sentencing juveniles, the interpretation of constitutional protections, and the lengths of sentences impacting juvenile offenders. The dissent highlights the critical need for opportunities for rehabilitation and review in cases involving young individuals.

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S-2018-978

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**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

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RE-2018-611

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHAZEL STEEL,** Appellant, v. **STATE OF OKLAHOMA,** Appellee. **No. RE-2018-611** **FILED IN COURT OF CRIMINAL APPEALS, STATE OF OKLAHOMA AUG 15 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** On June 6, 2015, Appellant, Shazel Steel, pled guilty in three separate cases in Tulsa County. The details of these cases are summarized as follows: 1. **Case CF-2015-1948**: Appellant was convicted of Robbery in the First Degree and sentenced to twenty years imprisonment and fined $500.00. 2. **Case CF-2015-2091**: Appellant was convicted on Count 1 of Robbery with a Firearm and Count 2 of Burglary in the First Degree, receiving a twenty-year sentence and a fine of $100.00 for each count. (Count 3 was dismissed). 3. **Case CF-2015-2152**: For Count 1 (Robbery with a Firearm) and Count 2 (Kidnapping), Appellant received a twenty-year sentence each, while Count 3 (Assault with a Dangerous Weapon) led to a ten-year sentence and a fine of $100.00. (Count 4 was dismissed). All sentences were set to run concurrently, with a two-year judicial review period established. During the Judicial Review proceeding on June 5, 2017, Appellant's sentences were modified to be suspended in full. However, the State subsequently filed applications to revoke these suspended sentences based on allegations of violations related to ongoing criminal activity and non-compliance with probation conditions. The revocation hearing revealed that Appellant was in possession of a firearm while driving without a license, which was a violation of probation Rule #7 that prohibited being in a vehicle where firearms are located. Multiple other violations related to probation were also noted, leading to the revocation of Appellant's suspended sentences in full by the Honorable James M. Caputo. On appeal, Appellant challenges the revocation on the following grounds: 1. The evidence was insufficient to establish that he knowingly and willfully possessed a firearm. 2. The District Court abused its discretion in revoking the entire sentence. The Court addressed these propositions: **I.** The standard for revocation is whether the trial court abused its discretion. Given the evidence from Officer Terwilliger indicating that a loaded firearm was found in a car Appellant was operating, the Court deemed that the evidence sufficiently supported the revocation of the suspended sentences. **II.** As for the claim of abuse of discretion, the trial court’s decision to revoke the full suspended sentence was found to be reasonable given the multiple violations of probation. Thus, the Court affirmed the order granting the State's applications for revocation of the suspended sentences in all three Tulsa County District Court Cases. **DECISION:** The order revoking Appellant's suspended sentences is **AFFIRMED**. **APPEARANCES:** - **At Trial**: Kayla Cannon, Assistant Public Defender for Appellant; Sean Waters, Assistant District Attorney for the State. - **On Appeal**: Nicole Herron, Counsel for Appellant; Mike Hunter and Tessa L. Henry, Counsel for the State. **OPINION BY:** **LUMPKIN, J.:** **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-611_1734429007.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-2018-435

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSE FIGUEROA MESTA,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-435** **FILED** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 20 2019 JOHN D. HADDEN CLERK **SUMMARY OPINION** LUMPKIN, JUDGE: Appellant appeals from the revocation of his suspended sentence in Texas County District Court Case No. CF-2015-1. On March 4, 2016, Appellant entered a plea of no contest to Possession of a Controlled Dangerous Substance Within 1,000 Feet of a Park, in violation of 63 O.S.Supp.2012, § 2-402(C)(1). The Honorable Jon Parsley, District Judge, convicted Appellant and sentenced him to ten years imprisonment, with all but the first eighty days suspended. On February 27, 2018, the State filed an Amended Application to Revoke Suspended Sentence alleging Appellant failed to submit probation reports; failed to report his arrest for public intoxication; moved back into Oklahoma without reporting it to the district court; and committed new crimes of Possession of a Controlled Drug, Marijuana, Within 2000 Feet of a School or Park, With Intent to Distribute (Count 1), and Possession of CDS Without a Tax Stamp Affixed (Count 2) as alleged in Texas County District Court Case No. CF-2018-58. Following a hearing, Judge Parsley revoked Appellant's remaining suspended sentence in full. **Proposition I:** Appellant alleges the trial court erred in assessing him attorney fees of $500, which he claims exceeds the amount allowed by statute. **Proposition II:** Appellant argues he cannot be assessed the costs of his incarceration because he is mentally ill. These claims are outside the scope of a revocation appeal. The consequence of judicial revocation is to execute a penalty previously imposed in the judgment and sentence. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. As noted on numerous occasions, arguments regarding attorney fees and incarceration costs are administrative and not properly presented as part of the appeal of an order revoking a suspended sentence. Thus, we deny Propositions I and II. **Proposition III:** Appellant objects to the inclusion of post-imprisonment supervision in the revocation order. The State concedes this point, arguing the issue is moot because Judge Parsley entered an amended revocation order on January 17, 2019, deleting post-imprisonment supervision from the revocation order. We agree that this proposition is moot. The decision to revoke a suspended sentence in whole or part is within the sound discretion of the trial court and will not be disturbed absent an abuse thereof. Appellant has not established that Judge Parsley abused his discretion. **DECISION** The revocation of Appellant's suspended sentence in Texas County District Court Case No. CF-2015-1 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** AT REVOCATION **VONDA WILKINS** P.O. BOX 1486 GUYMON, OK 73492 COUNSEL FOR DEFENDANT ON APPEAL **LISBETH McCARTY** P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT **TAOS SMITH** ASST. DISTRICT ATTORNEY 319 N. MAIN GUYMON, OK 73942 COUNSEL FOR STATE **MIKE HUNTER** OKLA. ATTORNEY GENERAL KEELEY MILLER ASST. ATTORNEY GENERAL 313 N.E. 21st ST. OKLAHOMA CITY, OK 73105 COUNSEL FOR APPELLEE **OPINION BY:** LUMPKIN, J. **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J:** Concur **ROWLAND, J:** Concur [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-435_1734691413.pdf)

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RE-2018-425

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT JOSEPH CLARK, JR.,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-425** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 9, 2015, Appellant Clark, represented by counsel, entered a guilty plea to Count 1, Possession of a Controlled Dangerous Substance (CDS) (Methamphetamine), and Count 2, Possession of a CDS (Psilocybin) in Oklahoma County Case No. CF-2014-8289. Sentencing was deferred for five (5) years, subject to terms and conditions of probation. On September 9, 2015, Clark's sentence in Case No. CF-2014-8289 was accelerated, and he was sentenced to eight (8) years each for Counts 1 and 2, all suspended, with terms and conditions of probation. That same date, Clark entered a guilty plea to Count 1, Assault and Battery with a Dangerous Weapon, and Count 2, Possession of a CDS in Oklahoma County Case No. CF-2015-3126. He was sentenced to eight (8) years for each count, all suspended, also subject to terms and conditions of probation. Clark's sentences in Case No. CF-2015-3126 were ordered to run concurrently with his sentences in Case No. CF-2014-8289. Additionally, Clark entered a guilty plea in Oklahoma County Case No. CF-2015-3693 for Possession of a CDS, receiving a sentence of three (3) years, all suspended, which was ordered to be served consecutively to his sentence in Case No. CF-2015-3126. On March 24, 2017, the State filed an Application to Revoke Clark's suspended sentences in all three referenced cases, alleging the commission of new offenses in Oklahoma County Case Nos. CF-2016-7039 (possession of stolen property and possession of drug paraphernalia) and CM-2016-2833 (obstructing an officer and failing to wear a safety belt). Following a revocation hearing on April 17, 2018, the District Court of Oklahoma County, presided over by the Honorable Ray C. Elliott, revoked Clark's suspended sentences in full. Clark's sole proposition of error on appeal alleges an abuse of discretion in revoking his suspended sentences, claiming that the sentence is excessive. The revocation of Clark's suspended sentences is AFFIRMED. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. We examine the basis for the factual determination and assess whether there was an abuse of discretion. It is established that violation of even one condition of probation is sufficient to justify the revocation of a suspended sentence. Based on the appeal record, there appears to be no merit in Clark's contention that the full revocation of his suspended sentences is excessive, nor do we find an abuse of discretion in Judge Elliott's decision. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2014-8289, CF-2015-3126, and CF-2015-3693 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 issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** **THOMAS HURLEY** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY PUBLIC DEFENDER'S OFFICE** **611 COUNTY OFFICE BLDG.** **320 ROBERT S. KERR AVE.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KIRK MARTIN** **ASST. DISTRICT ATTORNEY** **OKLAHOMA COUNTY** **320 ROBERT S. KERR SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** --- [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-425_1734692953.pdf)

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RE-2018-231

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This summary opinion addresses the appeal of Latarsha Grant concerning the revocation of her suspended sentences in two criminal cases. Below is a concise breakdown of the key points from the opinion: ### Background - Latarsha Grant was convicted in 2007 for Assault and Battery with a Dangerous Weapon (Case No. CF-2007-359) and sentenced to ten years with the sentence suspended. - In 2011, she was involved in new criminal activities leading to further actions against her suspended sentence. - By 2012, she had entered a guilty plea in a new case regarding drug distribution (Case No. CF-2011-269) with a concurrent ten-year suspended sentence after completing a rehabilitation program. - In 2017, a motion to revoke her suspended sentences was filed due to allegations of her involvement in a robbery, leading to the revocation hearing in 2018. ### Procedural History - The trial court, after hearing evidence, revoked her suspended sentences due to her involvement in the new crimes and appeared to find sufficient evidence against her. ### Appellate Claims Grant raised seven propositions of error, which the court proceeded to analyze: 1. **Competent Evidence**: The court found sufficient evidence that Grant had violated the terms of her suspended sentences. The evidence established her involvement in planning the robbery and her presence during the crime. 2. **Right to Confront Witnesses**: The court concluded that the hearsay issues raised were not applicable, as revocation procedures allow for such evidence. Furthermore, all relevant witnesses were available for cross-examination. 3. **Jurisdiction Concerns**: Grant's arguments relating to the trial court's jurisdiction or abuse of discretion regarding specific offenses were deemed misdirected, as they pertain to her original plea which she could challenge separately. 4. **Excessive Sentencing**: Grant claimed her overall sentence was excessive, but this is tied to the context of her behavior and criminal activities, which justified the trial court's decisions. 5. **Ineffective Assistance of Counsel**: Similar to the above, claims surrounding the inadequacy of her representation in court were not appropriately addressed in this revocation context and would need separate proceedings. 6. **Nunc Pro Tunc Orders**: Grant sought to correct inaccuracies related to her plea and sentencing, which would also need to be handled through a different legal mechanism than this appeal. ### Conclusion The appellate court affirmed the decision of the District Court to revoke the suspended sentences, stating that the evidence supported the trial court's findings. The court dismissed all of Grant's claims based on their analysis of procedural and evidential standards, emphasizing the limitations of their review scope in revocation appeals. ### Decision Issued The order to revoke the concurrent suspended sentences was **AFFIRMED**. The court ordered the issuance of the mandate. ### Document Access A link to the full opinion is provided for those seeking detailed legal reasoning: [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-231_1734701780.pdf).

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C-2018-927

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SAHIB QUIETMAN HENDERSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-927** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 30, 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Sahib Quietman Henderson entered a blind plea of guilty to Distribution of a Controlled Dangerous Substance within 2,000 feet of a School in the District Court of Stephens County, Case No. CF-2016-393. The plea was accepted by the Honorable Ken J. Graham, District Judge, on April 30, 2018, with sentencing delayed until July 25, 2018. On that date, Petitioner was sentenced to thirty (30) years in prison, with the first fifteen (15) years to be served and the remaining fifteen (15) years suspended, alongside a fine of $2,500.00. On August 2, 2018, represented by counsel, Petitioner filed an Application to Withdraw Plea of Guilty. At hearings on August 20 and 22, 2018, Judge Graham denied the motion to withdraw. Petitioner appeals the denial and raises the following propositions of error: 1. Failure of the State and District Court to honor the promised consideration for Appellant's plea requires modification of his inflated sentence, or an opportunity to withdraw his plea. 2. The sentence is shockingly excessive given the circumstances of the case. 3. Ineffective assistance of counsel in identifying, presenting, and preserving issues for review. After thorough review of these propositions and the entirety of the record, including original record, transcripts, and briefs, we find that neither reversal nor modification is required. Our primary concern in evaluating the validity of a guilty plea is whether the plea was entered voluntarily and intelligently. Petitioner carries the burden of proving his plea was entered unadvisedly, through influence, or without deliberation. Voluntariness is assessed through the entire record. In **Proposition I**, Petitioner claims that the plea lacked a knowing and voluntary nature due to non-fulfillment of a promise that he would be sentenced as a first-time offender and because of purported drug buys by his wife reducing his sentence. Contrary to this argument, the record shows Petitioner was treated as a first-time offender, with the court considering the mitigating factors at sentencing. His dissatisfaction with the resulting sentence does not provide grounds for withdrawal of the plea. In **Proposition II**, Petitioner contends the sentence is excessive. However, as he did not raise this claim in his Application to Withdraw Guilty Plea to the trial court, it is waived on appeal. In **Proposition III**, Petitioner argues ineffective assistance of counsel during both the plea and withdrawal hearings. A claim for ineffective assistance of counsel is only established by showing that counsel's performance was deficient and that it resulted in prejudice to the defendant. The record does not support that withdrawal counsel's performance was deficient or that it affected the outcome—Petitioner maintained he did not wish to withdraw his plea but rather sought a sentence modification. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon this decision. --- **APPEARANCES IN DISTRICT COURT:** Grant D. Shepherd 601 S.W. C Ave., Ste. 201 Lawton, OK 73501 Counsel for the Defense **APPEARANCES ON APPEAL:** Kimberly D. Heinze P.O. Box 926 Norman, OK 73070 Counsel for Petitioner at the Plea Hearing Ronald L. Williams P.O. Box 2095 Lawton, OK 73502 Counsel for the Defense at the Withdrawal Hearing Jason M. Hicks District Attorney Cortnie Siess & Greg Steward Assistant District Attorneys Stephens Co. Courthouse 101 S. 11th St., Duncan, OK 73533 Counsel for the State **OPINION BY:** LUMPKIN, J. LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-927_1734182885.pdf)

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F-2018-199

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In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the order of the District Court revoking his suspended sentence. One justice dissented. Samuel entered a guilty plea to burglary and was given a suspended sentence, which meant he would not serve his full sentence unless he broke the rules. However, after some time, the State accused him of committing new crimes, which led to the revocation hearing. The court found enough evidence to support the claims against him and revoked his suspended sentence. On appeal, Samuel argued that the evidence presented was not sufficient to prove he had committed the new crimes. However, the court explained that for revoking a suspended sentence, the state only needs to show that it is more likely than not (a preponderance of the evidence) that the person violated the terms. Since the court found that the state met this burden, they confirmed the decision to revoke Samuel's sentence.

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C-2018-372

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LAVONTE ANTONIO JOHNSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-372** **SUMMARY OPINION DENYING PETITION FOR WRIT OF CERTIORARI** **Filed May 39, 2019** **JOHN D. HADDEN, CLERK** **LEWIS, PRESIDING JUDGE:** Lavonte Antonio Johnson, Petitioner, pled guilty to using a vehicle to facilitate the intentional discharge of a firearm, in violation of 21 O.S.2011, § 652(B), in the District Court of Oklahoma County, Case No. CF-2014-2033. The Honorable Susan K. Johnson, Special Judge, accepted the plea and deferred judgment for five (5) years, subject to rules and conditions of probation. The State later moved to accelerate the judgment, alleging that Petitioner violated the rules and conditions of probation by possessing a firearm and jumping bail. The Honorable Ray C. Elliott, District Judge, accelerated judgment and sentenced Petitioner to twenty-seven (27) years imprisonment. Petitioner filed a motion to withdraw his guilty plea, which the trial court denied. Petitioner now seeks a writ of certiorari based on the following propositions of error: 1. Petitioner did not knowingly and voluntarily enter his plea of guilty, and the district court erred when it denied his application to withdraw the plea. 2. Petitioner received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article II, §§ 7 and 20 of the Oklahoma Constitution. 3. Petitioner’s 27-year sentence is excessive under the Eighth Amendment and shocks the conscience. Certiorari review is limited to whether the plea was entered voluntarily and intelligently before a court of competent jurisdiction, whether the sentence is excessive, whether counsel was effective at either the plea hearing or the withdrawal hearing, and whether the State has the power to prosecute the defendant. ### Proposition One In this proposition, Petitioner claims that the record shows he did not voluntarily enter his plea, due to a notational error by his counsel regarding the 85% rule applicable to his sentence. The court points out that a valid plea represents a voluntary and intelligent choice among alternatives. The ruling on a motion to withdraw a plea is reviewed for abuse of discretion. The trial court concluded that despite the error, Petitioner was properly informed about the 85% crime classification, denying this proposition. ### Proposition Two Petitioner argues that his counsel failed to adequately advise him regarding the ramifications of the 85% rule, thus rendering his plea involuntary. The court reviews this claim under the two-pronged Strickland standard for ineffective assistance of counsel. The court found that Petitioner did not show that counsel's performance was deficient or that it prejudiced him, denying this proposition. ### Proposition Three Petitioner argues that his sentence is excessive. The court notes that a sentence within the statutory range will not be modified unless it shocks the court's conscience. Given that Petitioner violated probation for a violent felony by possessing a firearm and jumping bail, the court finds that the sentence does not shock the conscience, thus denying this proposition. ### Decision The petition for the writ of certiorari is DENIED. The Judgment and Sentence is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** ### APPEARANCES AT TRIAL **TONY COLEMAN** **ATTORNEY FOR PETITIONER** ### APPEARANCES ON APPEAL **ANDREA DIGILIO MILLER** **ATTORNEY FOR PETITIONER** **LORENZO BANKS** **THOMAS HURLEY** **ATTORNEYS FOR DEFENDANT** **DANIEL POND** **ATTORNEY FOR THE STATE** **OPINION BY: LEWIS, P.J.** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-372_1734105356.pdf)

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C-2017-1036

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **DANA MECHELE LANGLEY,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2017-1036** **SUMMARY OPINION DENYING CERTIORARI** **HUDSON, JUDGE:** Petitioner Dana Mechele Langley was charged in the Tulsa County District Court with multiple counts, including **Lewd Molestation**, **Enabling Child Sexual Abuse**, and **Child Sexual Abuse**. Langley entered a blind plea of guilty to these charges on June 19, 2017. Following a hearing, Judge Sharon K. Holmes sentenced her to significant prison terms. On September 6, 2017, Langley, through her counsel, filed an application to withdraw her guilty plea, which led to the appointment of conflict counsel. After a hearing, her request was denied. Langley then sought a writ of certiorari, raising three propositions of error: 1. The trial court's denial of the motion to withdraw her guilty plea was plain error and an abuse of discretion due to an inadequate factual basis. 2. Denial of effective assistance of counsel during both the plea hearing and the plea withdrawal hearing. 3. The sentences imposed were excessive given the circumstances. **DECISION:** After reviewing the complete record, including transcripts and exhibits, the Court found no grounds for relief. **Proposition I:** The claim regarding the factual basis for the lewd molestation counts was not raised at the withdrawal hearing; thus, it was procedurally defective and not properly before the Court. **Proposition II:** The ineffective assistance claim was similarly waived as it was not included in her motion to withdraw. Furthermore, the Court found sufficient evidence supporting the factual basis of her pleas, dismissing claims about the inadequacy of representation. **Proposition III:** The sentences were consistent with statutory ranges and did not shock the conscience of the Court. **CONCLUSION:** The Petition for Writ of Certiorari is **DENIED**, and the judgment and sentence from the district court are **AFFIRMED**. **Pursuant to Rule 3.15, RULES OF THE OKLAHOMA COURT OF CRIMINAL APPEALS, the MANDATE is ORDERED issued upon delivery and filing of this decision.** --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1036-1_1733900854.pdf)

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