Okla. Stat. tit. 22 § 472(F) Archives

F-2018-1004

Post author:Staff
Post published:February 13, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHANNON SHEREE JOHNSON,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1004** **FILED FEB 13, 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** On April 18, 2017, Appellant Shannon Sheree Johnson entered a plea of guilty in Oklahoma County District Case No. CF-2015-8771. The trial court delayed her sentencing in this case and suspended the probation requirements for her prior cases—CF-2013-2846, CF-2014-1596, and CM-2015-1832—pending successful completion of the Oklahoma County Mental Health Court program. According to the plea agreement, if Appellant did not successfully complete the Mental Health Court, the trial court would revoke her suspended sentences in Case Nos. CF-2013-2846 and CF-2014-1596, convert her deferred sentences to convictions with a one-year prison sentence in Case No. CM-2015-1832, and impose concurrent ten-year sentences for Counts 1 and 2 in Case No. CF-2015-8771. The State filed a motion to terminate Appellant’s participation in the Mental Health Court, alleging her non-compliance with the program, including failure to follow court rules, lack of progress, unauthorized departure from inpatient treatment, and not graduating from treatment. After a hearing, Special Judge Geary Walke terminated her participation in Mental Health Court and sentenced her in accordance with her plea agreement. Appellant contends that the termination was an abuse of discretion, arguing that the judge should have considered intermediate sanctions before imposing the sentences. She cites her period of sobriety prior to the hearing as a reason for less severe punishment options. However, evidence presented at the hearing indicated that Appellant had consistently missed meetings, court appearances, and drug tests, and had not made adequate efforts to complete her treatment. Appellant's counsel argues that Judge Walke should have recognized relapses as part of the rehabilitation process under 22 O.S.Supp.2014, § 472(F). This section allows for discretion in determining whether conduct justifies revocation of a participant from the program. The record does not support Appellant's position that Judge Walke acted unreasonably or arbitrarily in the face of substantial evidence demonstrating her failure to comply with the program. As Appellant has not shown that the trial court's decision was contrary to law or the facts of the case, we conclude that there was no abuse of discretion. **DECISION** The termination of Appellant's participation in the Mental Health Court program is AFFIRMED. The mandate is ordered to be issued upon the filing of this decision. --- **APPEARANCES** **ON APPEAL** Melissa French, Counsel for Defendant Andrea Digilio Miller, Counsel for Appellant Heather Coyle, Assistant District Attorney Mike Hunter, Oklahoma Attorney General Tessa Henry, Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

RE-2018-30

Post author:Staff
Post published:June 6, 2019
Post category:RE

The case presented involves Marty Wayne Green, who appealed the termination of his participation in the Seminole County Anna McBride Court Program after a series of violations related to his plea agreement and mental health treatment. Here's a summary of the court's findings and rulings: 1. **Background**: Green pleaded guilty to Domestic Assault and Battery by Strangulation and was sentenced to a suspended seven-year prison term. He entered the Anna McBride Court Program as part of his sentence. 2. **Violation Allegations**: The State filed a motion to revoke his suspended sentence, alleging that Green had failed to comply with program requirements, including not attending counseling sessions, testing positive for substances, and committing new offenses. 3. **Hearing Outcome**: After hearing the motion, District Judge George W. Butner terminated Green's participation in the mental health court program based on these violations and sentenced him to the full term of imprisonment. 4. **Propositions on Appeal**: - **Proposition I**: Green argued he should be credited for time served. The court ruled against this, clarifying that since he was not sentenced under the Oklahoma Community Sentencing Act, he had no entitlement to such credit. - **Proposition II**: This proposition did not challenge the validity of the termination order and was deemed improperly before the court. It did not affect the legality of the termination itself. - **Proposition III**: Green contended that the trial court abused its discretion by not seeking lesser sanctions before terminating his participation. The court found that the judge had discretion to terminate the program due to Green's repeated violations and potential danger to himself and others. 5. **Conclusion**: The court affirmed the termination of Green's participation in the Anna McBride Court Program, ruling that the judge acted within his discretion based on the facts presented and the violations of the program. The final decision upheld the termination, emphasizing the importance of compliance with mental health treatment programs and the discretion of judges in such cases. The ruling highlights the responsibility of participants in such programs to adhere to established agreements and the potential consequences of failing to comply.