Okla. Stat. tit. 47 § 4-102

RE-2018-855

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DAKOTA MICHAEL SHANE BELL, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** **No. RE-2018-855** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN, CLERK** ### SUMMARY OPINION **HUDSON, JUDGE:** Appellant Dakota Michael Shane Bell appeals from the revocation of suspended sentences in Payne County District Court Case Nos. CF-2016-375 and CF-2016-952. He pleaded guilty on April 5, 2017, to Possession of a Firearm After Conviction of a Felony (Count 2) in Case No. CF-2016-375 and Unlawful Use of a Vehicle in Case No. CF-2016-952. He was sentenced to five years imprisonment in each case, with all but the first sixty days suspended, and the sentences ordered to be served concurrently. On January 22, 2018, the State filed motions to revoke these suspended sentences, citing several violations by Appellant, including failure to pay required fees, absconding from supervision, and failing to complete mandated evaluations. After a hearing, Judge Kistler allowed Appellant until May 16, 2018, to comply with the conditions. When he did not appear, a warrant was issued. On July 24, 2018, following further proceedings, the trial court revoked Appellant's remaining suspended sentence. A violation report submitted by the Oklahoma Department of Corrections indicated Appellant failed drug tests and several other requirements. On July 11, 2019, the State sought to supplement the record with an Amended Judgment and Sentence After Revocation, which was granted by the court. **Proposition I:** Appellant claims the revocation constituted an abuse of discretion based on his personal disadvantages. This argument is without merit, as a suspended sentence is a discretionary grace. The State must prove only one violation for revocation. Here, multiple violations were established, and Appellant received considerable leniency but failed to adhere to the conditions of his probation. Thus, no abuse of discretion is shown. **Proposition II:** Appellant asserts that the revocation order omitted credit for time served and mandated post-imprisonment supervision. This concern has been addressed by the filing of the amended revocation orders, rendering this proposition moot. ### DECISION The revocation of Appellant's suspended sentences in Payne County District Court Case Nos. CF-2016-375 and CF-2016-952 is **AFFIRMED**. Pursuant to Rule 3.15, the MANDATE is to be issued upon the filing of this decision. ### APPEARANCES - **For Appellant:** Virginia Banks, Ricki Walterscheid - **For Appellee:** Sierra Pfeiffer, Mike Hunter, Tessa Henry **OPINION BY:** HUDSON, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J.

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RE-2018-858

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JEREMY LANCE LABBY,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-858** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **AUG 15, 2019** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant Jeremy Lance Labby appeals from the revocation of his suspended sentence in Cherokee County District Court Case No. CF-2015-149. Labby was originally charged with Unauthorized Use of a Motor Vehicle, in violation of 47 O.S.2011, § 4-102. On December 15, 2016, Labby entered a plea of no contest and was sentenced to three years imprisonment, with all three years suspended. On June 20, 2018, the State filed a 2nd Amended Motion to Revoke Suspended Sentence, alleging multiple violations of probation, including new crimes related to two counts of Assault and Battery on a Police Officer, Theft of Property in Benton County, Arkansas, and First Degree Burglary and Resisting Arrest in Cherokee County. Following a revocation hearing, Special Judge Gary Huggins revoked Labby's suspended sentence in full. In his sole proposition, Labby contends that the revocation of his suspended sentence was excessive and represents an abuse of discretion. He argues that despite his limited intellect and efforts to comply with probation requirements—such as being current on probation fees and meeting with probation officers—Judge Huggins’s decision to revoke his sentence in full was unwarranted. The Court finds Labby’s claims to be without merit. A suspended sentence is a matter of grace, and the State needs to establish only one violation of probation to revoke a suspended sentence in its entirety. The State successfully demonstrated that Labby committed multiple violations, including new felony offenses, while on probation. The determination to revoke a suspended sentence, either in whole or in part, rests within the trial court’s sound discretion, and such decisions are not to be disturbed absent a clear abuse of that discretion. Although it is noted that Judge Huggins had the option to impose a lesser penalty, his discretion to choose full revocation is justified by the evidence presented, which established significant violations by Labby. **DECISION** The Court affirms the revocation of Appellant's suspended sentence in Cherokee County District Court Case No. CF-2015-149. Pursuant to Rule 3.15 of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the Mandate is ordered issued upon the filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF CHEROKEE COUNTY, THE HONORABLE GARY HUGGINS, SPECIAL JUDGE** **APPEARANCES AT REVOCATION** **CRYSTAL JACKSON** Counsel for Defendant 239 W. Keetoowah Tahlequah, OK 74464 **MARK HOOVER** Counsel for Appellant P.O. Box 926 Norman, OK 73070 **CODY BOWLIN** Counsel for State ASST. DISTRICT ATTORNEY 213 W. Delaware Tahlequah, OK 74464 **MIKE HUNTER** Counsel for Appellee OKLA. ATTORNEY GENERAL 313 N.E. 21st Street Oklahoma City, OK 73105 **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **RA/F** *Click Here To Download PDF*

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RE-2018-536

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CHRISTIAN EMMANUEL REYES,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-536** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 20 2019** **JOHN D. HADDEN - SUMMARY OPINION** **CLERK** **HUDSON, JUDGE:** Appellant Christian Emmanuel Reyes appeals from the revocation of his suspended sentences in Oklahoma County District Court Case Nos. CF-2013-6460 and CF-2017-3715 by Honorable Glenn Jones. **Background:** On November 13, 2013, Appellant pled guilty to Unauthorized Use of a Vehicle and Attempting to Elude a Police Officer in Case No. CF-2013-6460. The trial court sentenced him on July 30, 2014, to five years with all but two years suspended for Count 1, and one year for Count 3, to run concurrently. On July 6, 2017, Appellant pled guilty to Possession of a Controlled Dangerous Substance in the Presence of a Minor in Case No. CF-2017-3715, receiving a five-year sentence with all but 100 days suspended. The State agreed not to file for revocation on Case No. CF-2013-6460 as part of the plea deal. On April 6, 2018, the State filed a 1st Amended Application to Revoke, citing non-payment of fees and the commission of a new crime, Second Degree Burglary, in a separate case (CF-2017-6227). Following a revocation hearing, the trial court fully revoked Appellant’s suspended sentences. **Propositions of Error:** 1. **Improper Introduction of Evidence:** Appellant argues the State’s introduction of testimony regarding his behavior violated 12 O.S.2011, § 2404(B) and the standards set forth in *Burks v. State*. He claims he did not receive proper notice and therefore is entitled to relief. He made no objection during the hearing, waiving this issue except for plain error review. Appellant's argument fails, as he did not demonstrate that any error occurred. 2. **Insufficient Evidence of Burglary:** Appellant contends the State failed to prove he entered the victim’s home intending to steal. However, sufficient evidence supported that he intended to steal, meeting the *preponderance of the evidence* standard required in revocation hearings. **Conclusion:** The revocation of Appellant's suspended sentences is affirmed, as the court found competent evidence to justify the revocation and there was no abuse of discretion. **MANDATE** is ORDERED issued upon the filing of this decision. **APPEARANCES:** Micah Sielert and Hallie Bovos for Appellant; Tiffany Noble and Mike Hunter for the State; Tessa Henry for Appellee. **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-536_1734522451.pdf)

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F-2015-933

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In OCCA case No. F-2015-933, Thompson appealed his conviction for Unauthorized Use of a Motor Vehicle and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the judgment on Counts 1 and 2 but reversed the judgment on Count 3 with instructions to dismiss. One judge dissented. Thompson was found guilty of three crimes related to stolen property after a jury trial. He was sentenced to six years in prison for unauthorized use of a vehicle and eight years for each count of concealing stolen property. The sentences were arranged so that the two eight-year sentences would run together, while the six-year sentence would be added afterward. He was also fined $100 for each offense. Thompson raised several issues in his appeal. First, he argued that he should not have been convicted twice for concealing stolen property. He believed that since he acted only once when hiding the stolen items, charging him with two counts was unfair. The court agreed with him on this point and found that it was a mistake to have separate charges for items taken from different people. Next, Thompson questioned whether there was enough proof to find him guilty of unauthorized vehicle use and concealing stolen property. The court looked at all the evidence and decided there was enough to support his guilty verdict for unauthorized use of a vehicle, so that part of his conviction was upheld. Thompson also claimed that the prosecution made mistakes during the trial that harmed his chance for a fair judgment. However, the court did not find these errors serious enough to change the outcome of the trial. On the fines imposed by the trial court, Thompson argued that judges can't add fines unless the jury decides to. The court determined that the fines were allowed since the law permitted judges to impose them, even if the jury did not. Thompson felt that the judge shouldn't have made him serve the sentences for Counts 2 and 3 back-to-back after the first sentence. However, the court found that the judge's decision was within his rights and not an abuse of discretion. Overall, the court decided that none of the claimed errors were significant enough to change Thompson’s convictions except for the second count of concealing stolen property, which was dismissed. They confirmed that the remaining counts were properly upheld, leading to affirmation of most of Thompson's convictions.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse his convictions and remand the case for a new trial where Mitchell may have the chance to represent himself. One judge dissented. Mitchell was found guilty of serious crimes and was sentenced to life imprisonment for murder and additional years for conspiracy. He felt he was not being properly defended by his attorney and had asked multiple times to have his attorney replaced. Eventually, he requested to represent himself, expressing dissatisfaction with his legal counsel. The court found that Mitchell’s request to represent himself was clear and that he understood the risks of doing so. The court concluded that he had the constitutional right to self-representation, which had been violated when his request was denied. Although the court addressed other issues raised in Mitchell’s appeal, the main reason for the reversal was the denial of his right to represent himself. The dissenting opinion argued that the trial court acted correctly by not allowing Mitchell to self-represent due to his disruptive behavior during the trial process. In summary, the decision allows Mitchell another opportunity to conduct his own defense, considering that he properly requested this right before the trial proceedings were fully underway.

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F-2006-780

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In OCCA case No. F-2006-780, Roy Carl Bales, Jr. appealed his conviction for robbery with a firearm and unauthorized use of a motor vehicle. In a published decision, the court decided to affirm Bales's conviction for robbery but modified his sentence for unauthorized use of a motor vehicle to three years in prison. One judge dissented. Bales was found guilty by a jury of committing robbery with a firearm and unauthorized use of a motor vehicle. The jury decided that he should serve twenty years for robbery and six years for unauthorized vehicle use, with both sentences running one after the other. Bales raised two main points in his appeal. The first point was about how the trial court instructed the jury on the minimum sentence for unauthorized use of a vehicle. Bales argued that the court made a mistake by not giving the jury the correct information on the punishment range. The second point was that the trial court should have made Bales's sentences run at the same time instead of back-to-back, which he thought was too harsh. After looking carefully at the details of the case, the court found a mistake in how the jury was instructed about the sentence. They decided that the minimum sentence for unauthorized use should be three years instead of six years. However, the court thought that the long sentence for robbery was appropriate given Bales's past criminal record, so they kept that sentence as it was. Ultimately, the court affirmed the robbery conviction and changed the unauthorized vehicle use sentence to three years in prison, making one judge disagree with the decision.

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F-2001-1243

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In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

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