Okla. Stat. tit. 59 § 1335 Archives

RE-2018-657

Post author:Staff
Post published:August 29, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BRANDON LEE SHARP,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-657** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **AUG 29 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Brandon Lee Sharp appeals the revocation of his suspended sentences from the Delaware County District Court in Case Nos. CF-2012-441, CF-2013-145, and CF-2014-152. ### Background On October 8, 2013, Appellant pled guilty to Possession of a Firearm (21 O.S.2011, § 1283) and Bail Jumping (59 O.S.2011, § 1335), receiving a ten-year concurrent sentence in each case, suspended in full. On May 6, 2014, he faced new charges, including Endeavoring to Manufacture Methamphetamine, triggering petitions to revoke his suspended sentences based on these new allegations. He pled guilty to the new charges and stipulated to the petitions to revoke the earlier sentences, resulting in a life sentence in Case No. CF-2014-152, with the first 15 years suspended. After completing the Keys to Life Program, Appellant was released on February 4, 2016. However, on November 3, 2017, the State filed a second amended motion to revoke his suspended sentences based on new charges of Kidnapping and Escape from Arrest or Detention in Case No. CF-2017-330A, alongside allegations of failing to report to his probation officer. ### Issues on Appeal 1. **Multiple Violations**: Appellant argues the State did not prove specific claims regarding restitution and DA fees. However, only one violation needs to be established to revoke a suspended sentence. The State successfully proved multiple unrelated violations in the petition to revoke, so this argument is meritless. 2. **Notice of Violations**: Appellant contends that revocation for obstructing officers was inappropriate since it was not included in the initial petition. Nonetheless, obstructing was deemed a lesser included charge of the alleged Escape from Arrest or Detention, thus establishing adequate grounds for revocation. 3. **Timeliness of Revocation Hearing**: Appellant claims a violation of the 20-day rule for revocation hearings as stipulated by 22 O.S.Supp.2016, § 991b(A). However, the record indicates that he acquiesced to continuances within the 20-day window and agreed to postpone the hearing multiple times with counsel. ### Conclusion The trial court possessed the discretion to revoke Appellant’s suspended sentences, and no abuse of discretion is found considering the established violations. Therefore, the decision to revoke Appellant's suspended sentences in Case Nos. CF-2012-441, CF-2013-145, and CF-2014-152 is hereby **AFFIRMED**. ### Issuance of Mandate Pursuant to Rule 3.15, the MANDATE will be issued upon the delivery and filing of this decision. **APPEARANCES:** - **FOR APPELLANT**: Kathy Baker, Grove, OK - **FOR APPELLEE**: Nicholas Lelecas, Assistant District Attorney; Mike Hunter, Attorney General of Oklahoma. **OPINION BY**: ROWLAND, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-657_1734426402.pdf)**

C-2013-1030

Post author:Staff
Post published:July 1, 2014
Post category:C

In OCCA case No. C-2013-1030, the petitioner appealed his conviction for grand larceny, false declaration of ownership in pawn, and bail jumping. In an unpublished decision, the court decided to deny the petitioner's request for certiorari. One judge dissented. Kevin Anthony Eifert pleaded guilty to several charges in the District Court of Ottawa County. These included two counts of grand larceny, one count of false declaration of ownership in pawn, and one count of bail jumping. The court placed him in Drug Court but later removed him from that program. Following this, he was sentenced to serve prison time and pay fines. After his sentencing, Eifert tried to withdraw his guilty pleas. He argued that the court did not have proper records to support the pleas, that he was not competent to enter them, and that some of the fines were too high according to the law. He also claimed he did not receive effective help from his lawyers during his hearings. The court looked at his claims and decided that he had not made a proper challenge to some of his arguments when he initially tried to withdraw his pleas. Because of this, some of his complaints were not reviewed. While reviewing the case, the court found that one of the fines imposed was indeed higher than what the law allowed. They modified that fine to the correct amount. In the end, the court denied Eifert's request to change his sentence but changed one fine to align with the legal limits. Most of the judgments from the Ottawa County District Court were confirmed. Overall, while Eifert's appeal was mostly unsuccessful, one part of his sentence was modified due to an error, showing that the court takes care to ensure fairness in sentencing.