Okfuskee County

RE-2021-1290

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In OCCA case No. RE-2021-1290, Vernon Shawn Miller, Jr. appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the order revoking Miller's suspended sentences but vacated the part of the order that imposed post-imprisonment supervision. One member of the court dissented. Vernon Shawn Miller, Jr. had a serious legal history. He pleaded guilty to multiple charges, including kidnapping and domestic assault, and was given a sentence but had part of it suspended after he completed a special drug program. However, in August 2021, the State filed a motion to revoke his suspended sentence because he broke the rules of his probation, which included failing to complete a required assessment and getting arrested for a new crime. The trial court held a hearing and decided to revoke all of Miller's suspended sentence. Miller argued against this decision, claiming it violated the rules because he should not serve more time than the sentence he was given. The court explained during the hearing that it intended to revoke all of the suspended time left on his sentence. Miller raised several arguments during his appeal. He thought the sentence should not exceed what he had left to serve and believed that the facts used to revoke his sentence came from an earlier trial rather than the hearing itself. Miller also said he did not get good help from his lawyer during the process. The court reviewed Miller's arguments closely. It confirmed that the judge's decision to revoke the entire suspended sentence was valid and within their rights. They found no specific errors in what the trial court did, except for the imposition of post-imprisonment supervision, which should not have been added since it was not part of the original sentence. In the end, the court upheld the revocation of Miller's suspended sentence but removed the part about post-imprisonment supervision, meaning Miller had to serve the time his sentence required without additional conditions.

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C-2018-861

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BOBBY RAY LEWIS,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-861** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 16 2019** --- **OPINION DENYING CERTIORARI** **JOHN D. HADDEN LUMPKIN, JUDGE:** Petitioner, Bobby Ray Lewis, faced charges in two separate cases in the District Court of Okfuskee County. Case No. CF-2017-17 included charges of *Driving Under the Influence*, *Leaving the Scene of an Accident with Injury*, and *Failure to Report a Personal Injury Accident*. Case No. CF-2018-21 involved charges of *Assault and Battery on a Police Officer* and *Assault and Battery on an Emergency Medical Care Provider*. **I. Procedural Status of Appeal** The Court notes that the Petitioner's Petition For Writ of Certiorari is not properly before it. According to established law, appeals from judgments following a plea must proceed via a writ of certiorari. The relevant statutes and court rules state that a defendant must file an application to withdraw the plea within ten days of the judgment's pronouncement. In this case, the District Court pronounced judgment and sentence on June 27, 2018. The Petitioner failed to file a motion to withdraw his plea within the required ten-day window. As a result, the conviction became final, and the trial court lost jurisdiction over the case. The Petitioner’s motion, filed on July 17, 2018—twenty days post-judgment—was therefore untimely, and the trial court lacked jurisdiction to entertain it. Accordingly, since the Petitioner's petition is not properly before the Court, this appeal is dismissed. **DECISION** The Petitioner's Petition For Writ of Certiorari is dismissed as it is not properly before the Court. Pursuant to Rule 3.15 of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** Curt Allen, Indigent Defense System, Okmulgee, OK Arlan Bullard, Attorney at Law, Pauls Valley, OK **APPEARANCES ON APPEAL** Robert W. Jackson, Indigent Defense System, Norman, OK Emily Mueller, Assistant District Attorney, Okemah, OK --- **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-2018-861_1734181193.pdf)**

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RE-2018-644

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DUSTIN ARDELL CRUCE,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-644** **FILED APR 25 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** ROWLAND, JUDGE: This appeal arises from the revocation of Dustin Ardell Cruce’s suspended sentence in Okfuskee County District Court Case No. CF-2016-143, adjudicated by the Honorable Lawrence W. Parish. On February 22, 2017, Cruce entered a guilty plea to multiple charges, including Assault With a Dangerous Weapon and Possession of a Controlled Dangerous Substance, resulting in a total sentence of ten years for the most serious counts, suspended in part. On October 31, 2017, the State filed a Motion to Revoke Suspended Sentence, citing Cruce's failure to pay ordered reimbursement fees and alleged new criminal activity. However, the State subsequently abandoned the new crime allegation as part of a plea agreement in a separate case, leaving only the failure to pay as the basis for revocation. At the revocation hearing on May 2, 2018, the trial court determined that Cruce had indeed violated his probation by failing to fulfill financial obligations. Despite Cruce's claims regarding his employment status and efforts to comply, he provided no evidence of bona fide attempts to make the required payments. The standard for revocation allows the State to meet its burden by a preponderance of the evidence, and one proven violation is sufficient to justify a full revocation of a suspended sentence. Judge Parish opted to revoke only half of Cruce's remaining suspended sentence, demonstrating leniency. Cruce’s appeal asserts that the trial court abused its discretion by imposing revocation. However, as established in previous case law, including *Sparks v. State* and *Livingston v. State*, the court has broad discretion in these matters. The trial court was within its rights to revoke the suspension based on the stipulated violation of payment obligations. The decision of Judge Parish is affirmed, as Cruce has not demonstrated an abuse of discretion. **DECISION** The revocation of Appellant's suspended sentence in Okfuskee County District Court Case No. CF-2016-143 is AFFIRMED. **Legal Representation:** Counsel for Appellant: CURT ALLEN Counsel for Appellee: EMILY MUELLER, ASST. DISTRICT ATTORNEY **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J. (Concur in Results); LUMPKIN, J.; HUDSON, J.

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