Okla. Stat. tit. 10 § 7306-2.6 Archives

RE-2010-10

Post author:Staff
Post published:April 5, 2011
Post category:RE

In OCCA case No. RE-2010-10, a person appealed his conviction for lewd molestation. In a published decision, the court decided that the length of the revoked suspended sentence should be shortened. One member of the court disagreed with this decision. The case began when the person was charged and sentenced as a Youthful Offender for lewd molestation. He was given eight years, but on December 22, 2008, he had part of that sentence suspended after spending some time in juvenile custody. Later, he was accused of breaking the rules of his probation, which included failing to register as a sex offender and not completing required treatment. During a hearing, the judge decided that the individual had violated his probation and revoked five years of his suspended sentence. However, upon appeal, the court found that he should actually receive credit for the time he was under juvenile supervision. Given this credit from December 1, 2005, to December 22, 2008, the court modified the revocation to just over four years instead of five. The district court was instructed to update the sentence accordingly.

J-2008-800

Post author:Staff
Post published:January 16, 2009
Post category:J

In OCCA case No. J-2008-800, M.H. appealed his conviction for First Degree Murder. In a published decision, the court decided to affirm the District Court's ruling that M.H. should be certified to stand trial as a Youthful Offender. The State of Oklahoma dissented. M.H. was charged with a serious crime when he was just shy of 15 years old. He wanted to be treated as a juvenile instead of as an adult. M.H.'s request was initially denied, but later, a judge decided that he could be treated as a Youthful Offender. The State disagreed and appealed the decision, arguing several points. The State thought the trial court should have given more importance to certain laws about how young people are treated in court. They also believed that M.H. didn't prove he could be helped in a juvenile system, and they claimed it was a mistake to put the burden of proof on them. In court, the judges looked at different kinds of evidence, including expert opinions that suggested M.H. could benefit from treatment that the Youthful Offender System offered. After reviewing everything, the judges decided that the trial court did not make a mistake, and they agreed that M.H. could be certified as a Youthful Offender. The final outcome was that M.H. would not automatically be treated as an adult for the serious crime he was accused of, and he was given a chance for treatment instead. This decision was seen as correct by the judges who agreed, while the dissenting opinion did not support this view.