Okla. Stat. tit. 37 § 537 Archives

RE-2017-113

Post author:Staff
Post published:April 25, 2019
Post category:RE

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.**

F-2017-1230

Post author:Staff
Post published:April 25, 2019
Post category:F

In OCCA case No. F-2017-1230, Oleithia June Cudjo appealed her conviction for second degree murder while in the commission of felony driving under the influence, driving while privileged suspended, and transporting an open container of liquor. In an unpublished decision, the court decided to affirm her conviction. One judge dissented.

F-2016-696

Post author:Staff
Post published:September 21, 2017
Post category:F

In OCCA case No. F-2016-696, Mesfun appealed his conviction for driving under the influence of alcohol, transporting an open container of liquor, driving without a license, and driving left of center. In a published decision, the court decided to modify the sentence on one count and affirmed the rest of the judgment. One justice dissented. Mesfun was found guilty of multiple offenses in Tulsa County District Court. The charges included driving drunk, having an open container of alcohol while driving, not having a driver's license, and driving in the wrong lane. He received a long sentence, including years in prison and fines, to be served one after the other. Mesfun's appeal included three main points. First, he argued that the jury was wrongly told how much punishment they could give him for transporting an open container of liquor. The court agreed with him on this point and changed that sentence to a shorter jail time and fine. Second, Mesfun claimed that the prosecutor acted unfairly during the trial, which hurt his chances of a fair trial. However, the court found that the prosecutor's comments were allowed and did not harm Mesfun's case. Third, he said that his lawyer did not do a good job to help him. The court looked at this claim and said that his lawyer's actions did not affect the trial's outcome, so this point was also denied. Overall, the court modified one part of his sentence but upheld the rest of the decision from the trial court.

C-2016-813

Post author:Staff
Post published:May 25, 2017
Post category:C

In OCCA case No. C-2016-813, Derlin Lara appealed his conviction for multiple charges, including Manslaughter in the First Degree and Driving Under the Influence. In an unpublished decision, the court decided to deny in part and grant in part the appeal. One judge dissented. Derlin Lara was involved in a serious legal situation where he entered an Alford plea. This type of plea means that he did not admit guilt but agreed that there was enough evidence to convict him. His charges included killing someone while driving under the influence, injuring another person while DUI, driving without a license, and transporting alcohol in the car. After he pleaded guilty, he was sentenced by a judge. The judge gave him a long sentence that meant he’d serve a lot of time in prison. Lara later wanted to take back his plea because he felt it wasn’t fair and that he didn't fully understand what he was doing. He argued that he was confused during the process, and that he had received poor advice from his lawyer. The court looked carefully at Lara's case and found several key points: 1. The judges believed that Lara's plea was actually made with understanding, even though he insisted that he did not understand everything. They noted that he had an interpreter during his hearings. 2. The court decided that Lara was not unfairly punished multiple times for the same actions. They explained that each charge had different parts and involved different victims, so they did not violate any laws regarding multiple punishments. 3. Lara’s claims about his lawyer not helping him were also rejected. The court found that Lara did not show that having a different lawyer would have changed his decision to plead guilty. 4. The sentence he received for one of the charges was too harsh according to the law. He was given a year in jail for driving without a license, but that punishment was higher than allowed. The court changed that sentence to a shorter one of just thirty days. Lastly, the court found that the amounts assessed for victim compensation and restitution were not properly explained during sentencing. Therefore, they canceled those amounts and decided that a hearing should be held to determine fair compensation. In summary, while the court denied most of Lara's requests, they did change one of his sentences and agreed that some financial penalties needed to be rethought.

F-2004-1080

Post author:Staff
Post published:January 20, 2006
Post category:F

In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.