RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and other charges. In a published decision, the court decided to affirm the revocation of his suspended sentences but directed the District Court to modify the orders so that the sentences would run concurrently. The dissenting opinion was not specified. Here's a simplified summary of what happened: Jerry Clemons was found guilty in two cases. He pleaded guilty to Home Repair Fraud in one case and robbery and property damage in another. He was given suspended sentences, meaning he would not go to prison if he followed rules and conditions of probation, like reporting to a probation officer and not changing his address without informing them. However, he did not follow these rules, which led the State to ask to revoke his suspended sentences. During a hearing, the judge decided to revoke Clemons' suspended sentences because he had failed to report as required and changed his address without telling his probation officer. Clemons argued that the State didn’t properly inform him about the reasons for the revocation and that they didn’t provide enough evidence to support their claims. He also said that the judge should not have revoked his sentence because the punishment was longer than what the law allowed for one of his charges. The court agreed with some of Clemons' points but stated that there was enough evidence to support the decision to revoke his suspended sentences. They found that he didn’t show how the judge made a wrong choice. However, they also recognized a mistake in how the sentences should be served. They ordered that all his sentences should run concurrently, meaning they would be served at the same time, rather than one after the other. In conclusion, Clemons' appeal was mostly not successful, but the court made important changes to ensure he would serve his time in a fair way according to the law.

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RE 2016-1019

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  • Post category:RE

In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and Robbery By Force of Fear. In a published decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to modify its revocation orders to ensure that the sentences are served concurrently. One judge dissented. Clemons had pleaded guilty to several charges and was given suspended sentences with specific rules to follow. However, he later failed to report to his probation officer and changed his address without notifying them, which led the State to apply for the revocation of his suspended sentences. During the revocation hearing, the judge revoked Clemons' suspended sentences. Clemons appealed the revocation, arguing that he did not receive proper notice of the allegations against him, the State did not provide enough evidence for revocation, and that he was sentenced incorrectly for his misdemeanor charge. The court found that the State did indeed provide enough evidence to revoke the sentences and noted that some charges had already been corrected in an amended ruling regarding the length of his sentence for the misdemeanor. Moreover, the court determined that the revocation orders did not align with the original sentence where counts were meant to be served concurrently. Therefore, they directed the District Court to correct this mistake. In conclusion, while the revocation of Clemons' suspended sentences was largely upheld, the court required modifications to ensure that his sentences would run concurrently as originally intended. This led to a decision that balanced the need for imposed penalties with the requirement for proper procedure.

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