Okla. Stat. tit. 21 § 1703 Archives

RE-2018-234

Post author:Staff
Post published:May 30, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JERRY WAYNE LANDS, NOT FOR PUBLICATION** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-234** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 30, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **KUEHN, VICE-PRESIDING JUDGE:** On March 7, 2008, Appellant Jerry Wayne Lands, represented by counsel, entered a negotiated plea of no contest to the charge of Possession of a Controlled Dangerous Substance (Methamphetamine) After Former Conviction of a Felony in Pittsburg County Case No. CF-2007-420. He was sentenced to ten (10) years, all suspended, subject to terms and conditions of probation. Between May 2008 and March 2009, at least five (5) applications to revoke his probation were filed. On December 5, 2008, Lands was charged with additional offenses and ultimately, on April 13, 2009, the district court revoked five years of his suspended sentence in Case No. CF-2007-420. Subsequent to Lands' guilty plea in Case No. CF-2008-526, where he received a ten-year sentence with five years suspended, the State filed multiple revocation applications in both cases. On October 26, 2017, the State filed another Application to Revoke Lands' suspended sentences, which culminated in a full revocation during a hearing held on July 11, 2017. **PROPOSITIONS OF ERROR:** 1. Lands contends that the trial judge abused his discretion by refusing to grant a continuance for him to hire counsel. 2. He argues there was no valid waiver of the twenty-day requirement, resulting in loss of jurisdiction to revoke his sentence. 3. He claims the evidence was insufficient to support the allegations in the revocation motions. 4. He asserts the revocation of his entire remaining sentences was excessive. **DECISION:** 1. **Continuance Denial:** The court found no abuse of discretion by Judge Hogan in denying the requested continuance, which was sought on the day of the hearing without prior notification of intent to hire private counsel. 2. **Waiver of the 20-Day Rule:** The waiver was valid despite Lands' claim that it was made without the representation of counsel, as the appellate record indicated he knowingly waived his right to a timely hearing. 3. **Sufficiency of Evidence:** The court ruled there was sufficient evidence to warrant revocation of Lands' suspended sentences. Violations of probation can be established by a preponderance of evidence, and the record supported the trial court's findings. 4. **Excessiveness of Revocation:** The court concluded that revocation of Lands' entire suspended sentences was not excessive, given his extensive history of probation violations. **RULING:** The order of the District Court of Pittsburg County revoking Appellant's suspended sentences is **AFFIRMED**. **COUNSEL:** *Appellant:* Wesley J. Cherry *Appellee:* Max E. Moss, Jr., Assistant District Attorney; Mike Hunter, Attorney General of Oklahoma **OPINION BY:** KUEHN, V.P.J. *LEWIS, P.J.: CONCUR* *LUMPKIN, J.: CONCUR IN RESULTS* *HUDSON, J.: CONCUR* *ROWLAND, J.: CONCUR* **MANDATE ORDERED.** For a complete view and reference, [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-234_1734698244.pdf).

RE 2008-0961

Post author:Staff
Post published:August 27, 2009
Post category:RE

In OCCA case No. RE 2008-0961, Adrian Smith appealed his conviction for robbery and burglary. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but also ordered that the judgment be corrected to show that he had nine years remaining instead of ten years. One judge dissented. Adrian Smith had pleaded guilty to several crimes, including robbery with a weapon. He got a sentence of ten years for each crime, but all of them were set to run at the same time, which means he would only serve the longest sentence. If he completed a substance abuse program, he would not have to serve the sentences after the first year. After being released, the state asked to take back his suspended sentence because they believed he had not followed the rules. After a court hearing, the judge decided to revoke the suspended sentences completely. Smith then appealed, saying the judge made mistakes. First, Smith claimed the judge was wrong to revoke his sentence for ten years. However, the state agreed that it should state nine years instead. Second, Smith argued that he did not get a fair process because the judge did not write down why his sentence was revoked. The court found that he was given enough information about why this decision was made, so he was not denied due process. Lastly, Smith argued that revoking his full sentences was too much. The court concluded that the judge had the right to make this decision and found no abuse of discretion. In the end, the appeal confirmed that the sentences would stay revoked but corrected the record to show the appropriate time remaining.