RE-2014-371
In OCCA case No. RE-2014-371, Holland appealed his conviction for Rape in the Second Degree. In a published decision, the court decided to modify the revocation order regarding his suspended sentence. One judge dissented. Holland pleaded guilty to a crime and received a sentence that included five years of imprisonment, but with some of that time suspended as long as he followed rules set by the court. However, he did not follow these rules, such as reporting to his probation officer and attending required treatment. Because of this, the court revoked his suspended sentence and ordered him to serve the full five years. Holland felt the punishment was too harsh and claimed he had tried to follow the rules. He argued that he should not have to serve the full five years because only a part of that sentence was supposed to be enforced. The court looked carefully at his claims. They found that Holland had not fully complied with the rules he agreed to follow, and therefore, they believed the judge was correct in deciding to revoke his suspension. However, they agreed that the judge had made an error when stating he had to serve five years in prison since he had already served part of that time. Ultimately, the court decided to change the revocation order so that Holland would only need to serve four years and eleven months, which is the remaining part of his original sentence. The court confirmed their decision and instructed the District Court to make the necessary changes.