**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CHRISTOPHER CHARLES DOWNUM,**
**Appellant,**
**v.**
**STATE OF OKLAHOMA,**
**Appellee.** **No. RE-2018-630**
**FILED JUN 20 2019**
**JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **HUDSON, JUDGE:** On July 14, 2017, Appellant Downum, represented by counsel, entered a plea of nolo contendere to a charge of Malicious Injury to Property in McIntosh County Case No. CM-2017-317. Downum was sentenced to one (1) year in the McIntosh County jail, all suspended, subject to terms and conditions of probation. On October 18, 2017, the State filed a Motion to Revoke Downum's suspended sentence alleging he committed the new offenses of Public Intoxication and Obstructing An Officer in McIntosh County Case No. CM-2017-457. The District Court of McIntosh County, presided over by the Honorable James D. Bland, held a combined revocation hearing and preliminary hearing on May 31, 2017, and revoked ten (10) days of Downum's suspended sentence in Case No. CM-2017-317. From this Judgment and Sentence, Downum appeals with the following propositions of error:
1. The trial court used the wrong legal standard in revoking Downum's suspended sentence.
2. The evidence was insufficient to show that Downum committed the acts of public intoxication and obstructing an officer.
3. The sentence imposed by the trial court is excessive. The revocation of Downum's suspended sentence is **AFFIRMED**. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. The Court examines the basis for the factual determination and considers whether the court abused its discretion. Downum agues in Proposition I that Judge Bland used the wrong standard in revoking his suspended sentence by confusing the burden of proof for revoking a suspended sentence with that required for a preliminary hearing. This concern relates to Proposition II, where Downum claims there was insufficient evidence even if the appropriate standard had been applied. However, alleged violations of conditions of a suspended sentence need only be proven by a preponderance of the evidence. The Court finds no evidence in the appeal record supporting Downum's claim that Judge Bland did not apply the correct standard. The record shows competent evidence was presented at the revocation hearing, allowing the court to determine, by a preponderance of the evidence, that Downum violated his probation terms. Consequently, Propositions I and II are denied. In Proposition III, Downum argues that the ten-day revocation is excessive, citing no supporting authority. The Court has established that violation of any condition of probation can justify revocation of a suspended sentence. No abuse of discretion is found in Judge Bland's decision to revoke ten days of Downum's suspended sentence. **DECISION** The order of the District Court of McIntosh County revoking ten (10) days of Appellant's suspended sentence in Case No. CM-2017-317 is **AFFIRMED**. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF MCINTOSH COUNTY**
**THE HONORABLE JAMES D. BLAND, DISTRICT JUDGE** **APPEARANCES AT TRIAL**
WARREN GOTCHER
GOTCHER & BEAVER
323 E. CARL ALBERT PKWY.
P.O. BOX 160
MCALESTER, OK 74502
COUNSEL FOR APPELLANT **APPEARANCES ON APPEAL**
WARREN GOTCHER
GOTCHER & BEAVER
323 E. CARL ALBERT PKWY.
P.O. BOX 160
MCALESTER, OK 74502
COUNSEL FOR APPELLANT GREGORY R. STIDHAM
ASST. DISTRICT ATTORNEY
MCINTOSH COUNTY
110 NORTH FIRST STREET
EUFAULA, OK 74432
COUNSEL FOR THE STATE MIKE HUNTER
ATTORNEY GENERAL OF OKLAHOMA
THEODORE M. PEEPER
ASST. ATTORNEY GENERAL
313 N.E. 21ST STREET
OKLAHOMA CITY, OK 73105
COUNSEL FOR THE STATE **OPINION BY:** HUDSON, J.
**LEWIS, P.J.: CONCUR**
**KUEHN, V.P.J.: CONCUR**
**LUMPKIN, J.: CONCUR**
**ROWLAND, J.: CONCUR** **[END OF DOCUMENT]** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-630_1734428440.pdf)