Okla. Stat. tit. 21 § 1378

J-2019-113

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** --- **A.W.,** **Appellant,** **-VS-** **The State of Oklahoma,** **Appellee.** **No. J-2019-112** --- **I.F.,** **Appellant,** **-VS-** **The State of Oklahoma,** **Appellee.** **No. J-2019-113** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** The Appellants, A.W. and I.F., appeal from an order by Honorable Patrick Pickerill, Associate District Judge, adjudicating them delinquent for participating in a conspiracy to perform an act of violence in Case Nos. JDL-2018-3 and JDL-2018-4 in Pawnee County. The appeals were consolidated for oral argument, with both Appellants asserting three propositions of error. ### FACTS The Appellants were charged as juveniles under 21 O.S.2011, § 1378(A) for planning a school shooting at Pawnee High School on August 7, 2018. A bench trial took place on February 4, 2019. The State's key witnesses included: 1. **D.C.**: A classmate who testified about A.W.'s possession of firearms and I.F. discussing threats made to a girl over social media. 2. **Wesley Clymer**: Chief of Police who reported the threats received through a tip. 3. **Chad Colclazier**: Deputy who testified about interviews with the Appellants and evidence collected, including social media communications and pictures of firearms. 4. **Jimmy Meeks**: Another Deputy who recounted the search of A.W.'s home, where firearms were seized. Judge Pickerill found that Appellants had communicated about a school shooting, and their actions constituted an overt act necessary to establish a conspiracy. Thus, both were adjudicated delinquent. ### PROPOSITIONS OF ERROR 1. **Proposition I**: **Sufficiency of Evidence** Appellants argued the evidence was insufficient for a conviction. The appellate court found that the evidence presented was sufficient to support the trial court's findings beyond a reasonable doubt. 2. **Proposition II**: **Hearsay Statements** Appellants claimed the court erred by allowing purported hearsay statements from one to be used against the other in their joint trial. The argument was unsuccessful as the trial was a bench trial, and there was sufficient evidence independent of the hearsay claims. 3. **Proposition III**: **Ineffective Assistance of Counsel** The Appellants asserted their counsel failed to utilize evidence suggesting the incident was a joke rather than a threat. The court noted that no strong evidence was presented to demonstrate that a different defense would have altered the trial's outcome. ### DECISION This Court affirms the orders of the District Court, finding adequate support for the adjudicated delinquency of both Appellants. ### APPEARANCES - **Counsel for Appellant A.W.** Royce A. Hobbs Attorney at Law 801 S. Main St., P.O. Box 1455 Edmond, OK 73013 - **Counsel for Appellant I.F.** Cheryl A. Ramsey Attorney at Law 801 S. Main St., P.O. Box 1206 Edmond, OK 73013 - **Counsel for the State** Jeff Mixon Assistant District Attorney Pawnee County Courthouse, Room 301 Pawnee, OK 74058 **OPINION BY: LUMPKIN, J.** *Concur: LEWIS, P. J., KUEHN, V. P. J., HUDSON, J., ROWLAND, J.* --- **Click Here To Download PDF** [PDF Link](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-113_1734446783.pdf)

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RE-2017-113

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In the case of Ruben Geraldo Velasquez v. The State of Oklahoma, the appellant appealed the revocation of his suspended sentences across multiple cases in the Caddo County District Court. The appeals were addressed by the Oklahoma Court of Criminal Appeals. The appellant had pleaded guilty to multiple charges, including possession of a firearm after conviction, driving under the influence, and domestic assault. His sentences were imposed with significant portions suspended, and he was placed on probation. However, the State filed a petition to revoke his suspended sentences citing several violations, including failure to pay fees, failure to report, changes in address, and new criminal offenses. The trial court revoked the appellant's suspended sentences in full after a hearing, and the appellant raised several propositions of error on appeal. The court determined that the first two propositions, which challenged the validity of the original sentences, were not properly resolved through this appeal and needed to follow certiorari procedures instead. The court found that the amendment to the revocation order, which removed post-imprisonment supervision, rendered one of the propositions moot. Regarding claims of ineffective assistance of counsel, the court concluded that the appellant had not demonstrated any deficiency in counsel's performance nor shown any resulting prejudice. The appellant's argument that the trial court abused its discretion by denying credit for time served was found to have no supporting legal authority, as the court indicated that there is no statutory requirement for such credit to be granted. Lastly, the court rejected the appellant's assertion that the revocation was excessive. The evidence presented to the trial court satisfied the standard necessary to revoke the suspended sentences, affirming that the burden of proof for violations is preponderance of the evidence, and that the decision to revoke is within the discretionary power of the trial court. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the trial court’s decision to revoke the appellant's suspended sentences across all cited cases, concluding that there was no abuse of discretion in the revocation. The mandates for this decision were ordered to be issued following the filing of the opinion. The decision is summarized as follows: **The revocation of Ruben Geraldo Velasquez's suspended sentences is AFFIRMED.**

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RE-2018-128

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In the Court of Criminal Appeals of the State of Oklahoma, Milton Roger Hornsby appealed the revocation of his suspended sentence from the McIntosh County District Court, overseen by Judge James D. Bland. This appeal arose from convictions in two cases, CF-2012-45 and CF-2012-60, covering multiple charges including possession of a firearm after conviction and assault with a dangerous weapon. Hornsby initially received a twenty-year suspended sentence for one charge and six-month suspended sentences for others, all to be served concurrently. The State's motion to revoke the suspended sentences, filed on September 19, 2016, was due to an alleged new crime involving assault and battery with a dangerous weapon. Following a hearing on December 29, 2016, Judge Bland revoked ten years of Hornsby's suspended sentences. Hornsby raised several legal arguments on appeal: 1. **Burden of Proof**: He argued that Judge Bland imposed a lower burden of proof than required. However, the court affirmed that Judge Bland properly articulated the standard during the hearing, which was that the State needed to show it was more likely than not that Hornsby violated his probation. 2. **Suppressed Evidence**: Hornsby contended that evidence pertaining to the use of a knife, previously suppressed in a related case, was improperly considered at the revocation hearing. The court noted that Hornsby did not object during the hearing and thus waived his right to raise this issue on appeal apart from claiming plain error, which he failed to establish. 3. **Intent to Harm**: Hornsby claimed there was insufficient evidence to prove he intended to inflict bodily harm. The court stated that the evidence presented was sufficient to suggest that it was more likely than not that Hornsby had such intent. 4. **Cumulative Errors**: Lastly, Hornsby argued that the accumulation of errors deprived him of a fair hearing. The court found no merit in this argument, as each proposition raised was without merit. The Court concluded that there was no abuse of discretion in Judge Bland's decision to revoke the suspended sentence, affirming the revocation. The mandate was ordered to issue following the filing of the decision.

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F-2016-1181

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In summary, Stephen Charles Swanson, Jr. appealed the revocation of his suspended sentence in the District Court of Ottawa County after he stipulated to allegations of violating the conditions of his probation. The trial court had found that he committed multiple violations, including new criminal charges, failure to report, absconding, and failure to pay fines. The Oklahoma Court of Criminal Appeals upheld the trial court’s decision, affirming that the revocation was not an abuse of discretion. The court noted that the revocation of a suspended sentence is at the discretion of the trial court and will only be reversed if there is a clear error in judgment against the evidence presented. The ruling was affirmed, and the mandate was ordered issued upon filing this decision.

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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