Okla. Stat. tit. 22 § 19 Archives

RE-2016-1101

Post author:Mili Ahosan
Post published:December 14, 2017
Post category:RE

This is a summary of a legal opinion from the Court of Criminal Appeals of the State of Oklahoma regarding Richard Leroy Felton's appeal following the revocation of his suspended sentences. Felton had previously entered guilty pleas to several misdemeanor charges, leading to consecutive suspended sentences of one year and six months. His probation was later revoked because he allegedly violated several probation conditions. Notably, he was accused of failing to pay supervision fees, maintaining employment, answering questions truthfully, and violating a protective order. During the revocation hearing, evidence was presented regarding Felton's threats against probation officers, his failure to report to them, and multiple documented violations of the protective order. The court concluded that even just his threats to the officers were sufficient grounds for revocation, thereby affirming the district court's decision. Felton raised five propositions of error on appeal, including claims of insufficient evidence for the state’s allegations, denial of due process, ineffective assistance of counsel, and abuse of discretion in revoking his sentences. The court found these arguments without merit, affirming the revocation on the basis that sufficient evidence supported the action taken by the district court. The court's ruling highlighted that violations of probation do not require the same standards as criminal prosecutions and that the existence of threats and failures to comply with probation conditions justified the decisions made at the lower court level. The order of revocation was thus upheld.

RE 2014-0706

Post author:Mili Ahosan
Post published:May 12, 2015
Post category:RE

In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

RE-2006-180

Post author:Mili Ahosan
Post published:April 23, 2007
Post category:RE

In OCCA case No. RE-2006-180, the appellant appealed his conviction for revocation of his suspended sentence. In a published decision, the court decided in part to grant the appeal, allowing credit for thirty days previously served, but denied the rest of the appeal concerning time served in county jail during the revocation proceedings. One judge dissented. The case involved Raynard Emory Dinkins, who had received a suspended sentence after pleading guilty to Unlawful Possession of Marijuana. Over time, Dinkins faced various legal issues, including an application to revoke his suspended sentence due to numerous probation violations. A judge found that he had violated several rules during his probation, leading to a revocation of his suspended sentence. The court noted that Dinkins had been in jail before his revocation hearing but did not grant him credit for that time, arguing that it was because he had trouble working with his attorneys. Dinkins contested this, claiming he should receive credit for the time he served while awaiting the hearing. The court agreed that he should receive credit for an earlier thirty-day jail term related to his probation. In the end, the court found that while Dinkins was entitled to some credit for time served, it was within the judge's discretion not to grant him credit for the later time spent in jail. Therefore, the appeal was partially granted to correct the credit issue, while other claims were denied.