Okla. Stat. tit. 22 § 471.7(G)

F 2017-1055

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In OCCA case No. F 2017-1055, William Singleton Wall, III, appealed his conviction for Possession of Controlled Dangerous Substance (Oxycodone). In an unpublished decision, the court decided to affirm the termination of Appellant from the Pontotoc County Drug Court Program. One judge dissented. William was charged in 2014 and entered a plea for the Drug Court program, where if he succeeded, his case would be dismissed. However, if he failed, he faced a ten-year prison sentence. In April 2017, the State filed to terminate him from the program because he tested positive for THC, which is a substance found in marijuana. During the termination hearing, the judge decided that the State had enough evidence to terminate William from the program. He was given a ten-year prison sentence with credit for time already served. William argued that he should not have been terminated because he did not receive proper notice of the program's rules and because the State filed its motion after the allowed time for his participation in the Drug Court expired. The court explained that the decision to terminate a participant from Drug Court is at the judge's discretion. William did not object when the evidence of his drug use was presented at the hearing. Furthermore, the records showed that William had understood the terms of the Drug Court when he entered. The court also found that although the approval for his Drug Court participation had a time limit, he was still under the court's jurisdiction until he was properly sentenced. The court ruled that they did not see any errors in how the trial court acted. They affirmed the decision to terminate William, meaning he would serve his ten-year sentence for not following the rules of the Drug Court program.

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F-2018-552

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In the Court of Criminal Appeals of the State of Oklahoma, Tommy Lynn Berry appealed the termination of his participation in Drug Court after admitting to violations. The court reviewed Berry's claims and ultimately affirmed the termination. 1. **Involuntary Stipulation**: Berry argued that his stipulation to the allegations was involuntary and that the trial court erred by accepting it without meeting the standard for a guilty plea. However, the court found that no legal precedent required the same standards for stipulations in Drug Court as for guilty pleas. The court established that Berry was aware of the consequences of his stipulation, which was made in exchange for the dismissal of additional charges. 2. **Abuse of Discretion in Termination**: Berry contended that the trial court should have imposed progressively increasing sanctions before terminating him. The court clarified that while graduated sanctions are generally preferred, the statute also allows for immediate termination if warranted. Since Berry had committed new offenses while participating in the program, the court found no abuse of discretion in his termination. 3. **Ineffective Assistance of Counsel**: Berry claimed he did not receive effective representation. The appellate court utilized the Strickland standard to evaluate this claim, requiring proof of both deficient performance and resulting prejudice. The court noted that Berry's counsel had negotiated a favorable outcome—dismissing the new drug charges—thereby showing that the counsel's actions were reasonable and resulted in no detriment to Berry. Ultimately, the court concluded that Berry's termination from Drug Court was justified and affirmed the lower court's decision.

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F-2018-83

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In OCCA case No. F-2018-83, the appellant appealed his conviction for terminating his participation in a drug court program. In an unpublished decision, the court decided to affirm the termination of the appellant's participation in the Kay County Drug Court Program. One judge dissented. The case began with the appellant being charged with domestic abuse, followed by several other charges which led to his participation in the drug court program. He had previous sentences but entered a plea agreement that allowed him to avoid immediate incarceration if he completed the program successfully. However, after multiple instances of non-compliance, the state requested to terminate him from the program. During a hearing, the judge evaluated whether the appellant had violated the terms of his performance contract in the drug court. The judge determined that he had. The appellant argued that the judge should have given him more chances to comply with the rules of the program, but the judge concluded that the appellant's actions warranted termination. The court ultimately agreed with the judge's decision, stating that he had not abused his discretion in terminating the appellant’s participation in the drug court program. The termination was deemed appropriate given the appellant's repeated violations.

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F-2017-1053

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In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

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F-2002-324

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In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

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F-1999-1652

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In OCCA case No. F-99-1652, Mickey Lee Cosar appealed his conviction for Possession of Marijuana with Intent to Distribute and Unlawful Possession of Paraphernalia. In a published decision, the court decided that his termination from the Drug Court program was not handled correctly and mandated a new termination hearing with proper notice. One judge dissented. The case began when Cosar entered a blind plea to the drug charges in September 1998 as part of a condition to join the Drug Court program, which allows individuals to receive treatment instead of immediate punishment. However, during the process, certain legal requirements were not met. A hearing in April 1999 determined that Cosar should be removed from the Drug Court program, which led to a sentencing hearing in May 1999 where he was sentenced to life in prison despite not having any prior serious convictions. On appeal, Cosar argued that he was denied due process because he was improperly arrested, was not given proper notice of the charges against him, and was not presented a fair hearing before a judge. He contended that his sentence was too harsh given his background and that it was improperly based on unproven allegations. The court found merit in Cosar’s claims. It noted that he did not receive written notice of the termination hearing, which is necessary, and that his due process rights were violated. The court emphasized that to follow proper legal procedures, a new hearing must be held where Cosar would receive notice of the reasons for his termination from the Drug Court. This notice must be clear enough for him to prepare a defense. Moreover, the court stated that the sentencing hearing was flawed because the judge considered improper evidence and unsworn testimony. The judge based the harsh life sentence on matters unrelated to the charges for which Cosar was convicted, including knowledge of allegations of a rape and murder that were not properly vetted in court. The decision noted that a judge should only consider evidence presented during the formal hearing process, which did not happen here. The court’s ruling ordered a new termination and, if necessary, a new sentencing hearing to be conducted by a different judge who would base the decision solely on the evidence presented appropriately. The conclusion stressed the importance of following the law to preserve the integrity of the judicial process, particularly within programs aimed at rehabilitating offenders. In summary, Cosar’s appeal highlighted the need for proper legal procedures in termination and sentencing hearings, emphasizing the rights of defendants to fair treatment under the law.

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