Misdemeanor Crime Archives

F-2017-1301

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2017-1301, William Curtis Box appealed his conviction for Aggravated Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the acceleration of his deferred judgment, which meant that his earlier decision to defer judgment was changed to a conviction. One judge dissented. The case started when Box was found guilty of a crime related to domestic violence and was given a deferred judgment, meaning he wouldn’t have a criminal record if he followed certain conditions for ten years. However, he did not follow those conditions and committed another crime called Obstructing an Officer. When the State of Oklahoma found out, they asked the court to change his deferred judgment to a conviction. Box argued that his probation should not be accelerated because the court did not have a written list of rules for his probation. He referred to previous cases from 1969 and 1970 which ruled in favor of defendants when there were no signed probation rules. However, the court explained that in later cases, they decided that a person on probation should understand they cannot commit any further crimes, even without a written agreement. Box also asked to withdraw his agreement to the State's application to change his probation status but could not find any laws that allowed him to do so. The court noted that a stipulation, or agreement, to accelerate a deferred judgment is different from things like guilty pleas, and there is no established way to take back such an agreement. Moreover, Box claimed that his sentence was too harsh. However, the court stated that during an acceleration appeal, they can only examine whether the acceleration was lawful, not whether the sentence was too long. Ultimately, the court upheld the decision to accelerate Box's judgment to a conviction based on his probation violation. They found no evidence of an abuse of discretion by the lower court in making this decision.

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.