Misdemeanor Charges

C-2018-1119

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON MARCUS SHORES,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-1119** **SUMMARY OPINION DENYING CERTIORARI** **ROWLAND, JUDGE:** Petitioner Aaron Marcus Shores entered a negotiated plea of no contest in the District Court of LeFlore County to resolve his felony and misdemeanor charges in three cases. The charges included: 1. **Case No. CF-2018-239:** Failure to Notify Address Change of Sex Offender (felony). 2. **Case No. CM-2018-371:** Unlawful Possession of a Controlled Dangerous Substance (misdemeanor). 3. **Case No. CM-2018-373:** Malicious Injury to Property Under $1,000.00 (misdemeanor). Pursuant to the plea agreement, one count of Obstructing an Officer and one count of Unlawful Possession of Drug Paraphernalia were dismissed by the State. Judge Marion Fry subsequently sentenced Shores to four years of imprisonment on the felony count and one year in the county jail for each misdemeanor count, with all sentences running concurrently. He was also ordered one year of post-imprisonment supervision and awarded credit for time served. Shores filed a pro se motion to withdraw his plea, which was denied after a hearing. He appeals this denial, claiming: 1. The district court erred in denying his motion to withdraw his plea as he did not receive the benefits of his plea bargain. 2. He received ineffective assistance of counsel. **1. Denial of Motion to Withdraw Plea** Shores argues he did not receive the promised benefits of his plea bargain. The court evaluated this claim against the standard set forth in *Couch v. State*, noting that promises made in plea agreements must be fulfilled. While Shores did not specifically raise his current argument in his initial motion to withdraw, it was discussed during the evidentiary hearing. The appellate court reviews the denial for abuse of discretion and affirmatively holds that Shores received the benefits of his plea agreement. The district court's order confirmed that Shores's Oklahoma sentences would run concurrently with his sentences from Arkansas, fulfilling the terms agreed upon during the plea process. **2. Ineffective Assistance of Counsel** Shores claims ineffective assistance from conflict counsel, who allegedly failed to preserve his claim regarding the benefits of the plea agreement. To prevail on such a claim, Shores must demonstrate that he was prejudiced by counsel's performance. The court found that conflict counsel adequately raised Shores's concerns at the withdrawal hearing, effectively preserving the issue for appeal. Therefore, Shores could not establish that his counsel's performance resulted in any prejudice. **CONCLUSION** The Petition for a Writ of Certiorari is DENIED. The district court’s denial of Petitioner’s motion to withdraw plea is AFFIRMED. **MANDATE ordered to be issued upon the delivery and filing of this decision.** **Appearances:** - Doug Schmuck, Appellate Defense Counsel, for Petitioner. - Matt McBee, Counsel for Withdraw Motion. - Kevin Merritt and Margaret Nicholson, Assistant District Attorneys for the State. --- This summary is designed for clarity and understanding without retaining excessive legal jargon, while accurately reflecting the decisions and arguments presented in the original case summary.

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F-2018-945

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for domestic assault and battery along with other charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court for further proceedings to fix some inconsistencies in the records. One judge dissented.

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M-2013-918

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In OCCA case No. M-2013-918, the appellant appealed his conviction for direct contempt of court. In a published decision, the court decided to reverse and remand the case for further proceedings. One judge dissented, stating that while the court's warning was correct, the error in not allowing the appellant a chance to be heard was harmless because the appellant's sentence was later reduced.

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RE-2013-409

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In OCCA case No. RE-2013-409, Adkins appealed his conviction for probation violations. In an unpublished decision, the court decided to affirm the revocation of some of his suspended sentences but ruled that the judge could not deny him good time credits while serving his time. One judge dissented.

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F-2006-1055

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In OCCA case No. F-2006-1055, Jaumon Mondell Okyere appealed his conviction for First Degree Murder and Child Neglect. In an unpublished decision, the court decided to affirm the conviction for First Degree Murder but reversed the conviction for Child Neglect with instructions to dismiss. One judge dissented. Jaumon Mondell Okyere was found guilty of killing Richard Briggs and neglecting Briggs’ infant child. The case began when Okyere, angry over Briggs’ relationship with his former partner, Melonie Totty, conspired to lure Briggs into a trap where he could harm him. On March 18, 2005, Okyere shot Briggs multiple times and left the baby in a cold car, which was later found unharmed. During the trial, Totty testified against Okyere, leading to his conviction. Okyere argued that his trial was unfair because of issues related to his legal representation, including an alleged conflict of interest where the public defender's office previously represented Totty. The court found that Okyere's right to effective counsel was not violated, stating that the trial court took appropriate steps to address potential conflicts. Okyere also raised objections over the trial court granting continuances for the prosecution without proper procedure, insufficiency of the evidence, and inadequate jury instructions on the Child Neglect charge. The court concluded that any errors did not significantly impact the trial's fairness. However, it did find that the jury was not properly instructed on the requirement of being responsible for the child's welfare, which led to the reversal of the Child Neglect conviction. Ultimately, while Okyere’s conviction for murder was upheld, the court instructed to dismiss the charges related to child neglect due to the instructional error. One judge disagreed with the dismissal, believing the matter warranted a new trial instead.

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C-2004-598

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In OCCA case No. C-2004-598, Seno McKinley Speed appealed his conviction for multiple charges, including possession of a controlled substance, eluding a police officer, and resisting an officer, among others. In a published decision, the court decided to grant Speed’s request to withdraw his guilty pleas for the misdemeanor charges and allowed him to proceed to trial. The court agreed there was no factual basis for those misdemeanor pleas, which led to the decision. There was no dissent in this case.

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