Plea agreement

F-2018-0851

  • Post author:
  • Post category:F

**In The Court of Criminal Appeals of the State of Oklahoma** **Keye Yarnell Smith,** Appellant, **v.** **The State of Oklahoma,** Appellee. **No. F-2018-0851** **Filed August 15, 2019** **Summary Opinion** **Presiding Judge Lewis:** On December 23, 2014, Keye Yarnell Smith was charged in Tulsa County Case No. CF-2014-6405 with: - Count 1: Possession of Controlled Drug (felony) - Count 2: Unlawful Possession of Drug Paraphernalia (misdemeanor) - Count 3: Obstructing an Officer (misdemeanor) Smith pled guilty to all counts on August 26, 2015. Sentencing was deferred until August 17, 2018, pending successful completion of the Tulsa County Drug Court program, which would result in a four-year deferred sentence for Count 1, with Counts 2 and 3 dismissed. If terminated from the program, he would face six years imprisonment for Count 1 and one year in the County Jail for Counts 2 and 3, with sentences running concurrently and credit for time served. On July 5, 2018, the State filed a Motion to Revoke Smith’s participation in Drug Court, citing violations of program rules. After a hearing, Special Judge April Seibert ordered Smith's termination from the program and sentenced him per the plea agreement. Smith appeals this decision, claiming the trial court abused its discretion in terminating him from Drug Court. On appeal, Smith argues the court lacked adequate information due to the absence of the Performance Contract and Rules of Drug Court in the record. However, evidence provided during the hearing demonstrated that the trial court did not abuse its discretion. Oklahoma Statute Title 22 O.S. § 471.7(E) outlines that drug court judges must recognize relapses and provide progressive sanctions, rather than automatic termination, unless the offender's conduct warrants such action. The judge has broad authority over program removal decisions as outlined in § 471.7(G). This Court reviews the lower court’s decisions for abuse of discretion, which requires Smith to show that the court reached a clearly erroneous conclusion. No objections were raised by Smith regarding the allegations or the lack of understanding of the program's rules. **Decision:** The Court affirms the State’s Motion to Revoke Smith’s participation in Drug Court in Tulsa District Court Case No. CF-2014-6405. The mandate will be issued upon the delivery and filing of this decision in accordance with Rule 3.15 of the Oklahoma Court of Criminal Appeals. **Appearances:** - **Counsel for Appellant:** Stephanie Singer - **Counsel for Appellee:** Cindy Cunningham, Assistant District Attorney - **Attorney General:** Mike Hunter, Sher M. Johnson **Opinion By:** Presiding Judge Lewis **Concurred by:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-0851_1735123379.pdf)

Continue ReadingF-2018-0851

F-2018-945

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

Continue ReadingF-2018-945

C-2018-698

  • Post author:
  • Post category:C

The text you provided is a legal summary opinion from the Court of Criminal Appeals of the State of Oklahoma, regarding the case of Joe Saucedo Guerrero. The opinion details the background of the case, the pleas entered by the petitioner, the subsequent motion to withdraw those pleas, and the court's final decision denying the petitioner's request for relief. Here is a breakdown of the main points: 1. **Case Background**: - Joe Saucedo Guerrero pled guilty to multiple charges including Lewd or Indecent Proposal to a Child, Soliciting a Minor for Indecent Exposure/Photos, and Possession of Child Pornography. - He was sentenced to a total of twenty years for the first seven counts and five years for the eighth count, with all sentences running consecutively. 2. **Motion to Withdraw Plea**: - Guerrero filed a motion to withdraw his guilty pleas shortly after sentencing, claiming his pleas were not entered knowingly and voluntarily, misunderstanding of the charges, ineffective assistance from his counsel, and that the sentences were excessive. - The judge denied this motion after a hearing where Guerrero was the only witness. 3. **Propositions of Error**: - The court examined Guerrero's arguments which included claims of inadequate factual basis for the pleas, ineffective assistance of counsel, and that the sentences were excessive. - The court found that Guerrero had waived some claims due to failure to raise them properly in his motion or during the hearing. 4. **Court's Findings**: - The court held that Guerrero's pleas were entered knowingly and voluntarily, especially since he had been informed of all charges and had signed a plea form acknowledging them. - The court found no evidence of ineffective assistance of counsel that warranted the withdrawal of his plea. - The court concluded that the sentences imposed were within statutory limits and not excessive. 5. **Final Decision**: - The court denied Guerrero's petition for certiorari and affirmed the district court's judgment and sentence. This summary captures the critical elements of the judicial opinion and reflects the legal reasoning utilized by the court in reaching its conclusion.

Continue ReadingC-2018-698

C-2018-1024

  • Post author:
  • Post category:C

It appears that you have provided a court document from the Oklahoma Court of Criminal Appeals relating to the case of Larado James Smith, who entered a guilty plea to multiple counts of rape and sodomy. The document outlines the background of the case, the procedural history, and the court's decision to deny Smith's petition for a writ of certiorari. To summarize the key points: 1. **Background of the Case**: Larado James Smith entered a negotiated guilty plea to six counts of Second Degree Rape and three counts of Forcible Sodomy, resulting in a 15-year prison sentence. 2. **Motion to Withdraw Plea**: Smith later filed a motion to withdraw his guilty plea, claiming he had valid reasons for doing so, including alleged pressure from his counsel and stress from his incarceration. 3. **Court's Findings**: The trial court conducted a hearing on this motion and ultimately denied it, finding that Smith had entered his plea knowingly and voluntarily. This decision was based on the court's assessment of the circumstances and Smith's understanding of the plea. 4. **Appeal**: Smith appealed the denial of his motion to withdraw the plea. The appellate court reviewed the record and determined that the trial court did not abuse its discretion in denying the motion. It was concluded that Smith’s plea was made voluntarily, after a thorough understanding of the implications. 5. **Final Decision**: The Court of Criminal Appeals denied Smith's petition for certiorari, affirming the lower court's judgment and sentence. If you have specific questions about the case or need information on a particular aspect of the document, please let me know!

Continue ReadingC-2018-1024

M-2018-335

  • Post author:
  • Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JULIUS LAMAR WRIGHT,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE 2018-0144** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **SUMMARY OPINION** LEWIS, PRESIDING JUDGE: Appellant Julius Lamar Wright entered a plea of guilty in the District Court of Oklahoma County, Case No. CF-2009-228, for Count 1 - Possession of a Controlled Dangerous Substance With Intent to Distribute (Marijuana) and Count 2 - Possession of Drug Paraphernalia. On April 28, 2009, Appellant received a five-year deferred sentence on each count. On March 6, 2012, Appellant pled guilty to allegations in the application to accelerate his deferred sentences, resulting in a ten-year suspended sentence (first five years in custody) for Count 1, and one year in the Oklahoma County Jail for Count 2. These sentences were ordered to run concurrently with each other and with CF-2011-1457. Appellant was charged with Domestic Abuse by Strangulation on December 9, 2015, in Oklahoma County District Court Case No. CF-2015-8860. He entered a no contest plea and was given a ten-year suspended sentence with probation conditions, which ran concurrently with the earlier cases and included credit for time served. The State's motion to revoke Appellant's suspended sentence in Case No. CF-2009-228 due to the new charge and failure to pay restitution was dismissed on June 28, 2016, as part of the plea agreement in Case No. CF-2015-8860. On June 29, 2017, the State filed a motion to revoke Appellant's suspended sentences in Cases CF-2009-228 and CF-2015-8860, alleging a new crime of Possession of a Controlled Dangerous Substance in Oklahoma County District Court Case No. CF-2017-2733. After a revocation hearing on January 31, 2018, Appellant's suspended sentences in both cases were revoked. Appellant appeals the revocation of his suspended sentences, raising two propositions of error: 1. The evidence presented during his revocation hearing should have been excluded as it was obtained through egregious police conduct violating his Fourth Amendment rights. 2. The trial court abused its discretion by revoking Appellant's sentences in full, constituting a violation of his due process rights and resulting in an excessive sentence. We affirm the District Court's decision to revoke Appellant's suspended sentences in full. Appellant's first argument was not raised at the revocation hearing, leading us to review for plain error. To claim relief under the plain error doctrine, Appellant must prove: (1) an actual error occurred; (2) the error is clear and obvious; and (3) the error affected his substantial rights, impacting the outcome of the hearing. We find no plain error and conclude that the trial judge did not abuse discretion in finding Appellant violated the conditions of his suspended sentences. Regarding the second argument, the court has broad discretion in revoking suspended sentences, and this discretion will not be disturbed without showing an abuse thereof. Appellant has not demonstrated any such abuse. **DECISION** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case Nos. CF-2009-228 and CF-2015-8860 is AFFIRMED. Pursuant to Rule 3.15, 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. **REVOCATION APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **APPEARANCES ON APPEAL REVOCATION PROCEEDINGS** **THOMAS HURLEY** **MARVA A. BANKS** Assistant Public Defender Oklahoma County Public Defender's Office 611 County Office Building 320 Robert S. Kerr Oklahoma City, Oklahoma 73102 Counsel for Defendant **KIRK MARTIN** Assistant District Attorney Oklahoma County 320 Robert S. Kerr Suite 505 Oklahoma City, Oklahoma 73102 Counsel for the State **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur **[PDF VERSION AVAILABLE HERE](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-335_1734421708.pdf)**

Continue ReadingM-2018-335

C-2018-1002

  • Post author:
  • Post category:C

**Summary of Case No. C-2018-1002: Carey James Buxton v. The State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Date Filed:** June 13, 2019 **Parties:** - **Petitioner:** Carey James Buxton - **Respondent:** The State of Oklahoma **Background:** Carey James Buxton entered a negotiated plea of no contest on multiple criminal charges across three cases in the District Court of Kay County. The charges included unlawful possession of drug paraphernalia, unlawful possession of a controlled dangerous substance with intent to distribute, second-degree burglary, and knowingly concealing stolen property. The plea agreement included entering a drug court program, which promised potential leniency upon completion. **Plea Agreement Details:** - **Successful Completion:** District Attorney would recommend dismissal of certain charges and suspended sentences. - **Failure:** Imposition of lengthy prison time. The State later filed a motion to terminate Buxton from the drug court program, which was granted after a hearing. Consequently, Buxton was sentenced according to the plea agreement. Attempting to contest this outcome, Buxton filed a motion to withdraw his plea, claiming it was not knowingly and voluntarily entered. **Issues on Appeal:** Buxton appealed the denial of his motion to withdraw his plea, arguing that the district court abused its discretion by not allowing him to withdraw due to the involuntariness of his plea. **Court Findings:** The Oklahoma Court of Criminal Appeals reviewed the district court's decision, determining that: 1. The review of the denial of a motion to withdraw a plea is for an abuse of discretion. 2. It is the petitioner's burden to prove that there was a defect in the plea process. 3. The district court based its ruling on a comprehensive review of the record, included plea forms, and Buxton's testimony. Ultimately, the appeal court found no abuse of discretion in the district court’s denial of Buxton's request to withdraw his plea, affirming the decision. **Decision:** - The Petition for a Writ of Certiorari is DENIED. - The district court's denial of Buxton's Motion to Withdraw Plea is AFFIRMED. **Mandate:** The mandate will be issued following the filing of this decision as per the applicable court rules. **Opinion Author:** Judge Rowland **Concurring Judges:** Lewis, Kuehn, Lumpkin, Hudson

Continue ReadingC-2018-1002

F-2018-375

  • Post author:
  • Post category:F

In OCCA case No. F-2018-375, Jones appealed his conviction for multiple offenses including possession of controlled substances and public intoxication. In a published decision, the court decided to affirm the termination of Jones from Drug Court and his sentencing, while also remanding a separate charge for correction regarding sentencing length for public intoxication. One judge dissented. Jones had multiple guilty pleas and was given the chance to participate in a Drug Court program with the understanding that if he successfully completed it, his charges would be dropped. However, if he failed, he would face prison time. Although he had some chances and was sanctioned when he did not adhere to the program, he repeatedly tested positive for drugs, which caused the state to move for his termination from the program. During the hearings, witnesses from the state presented evidence that showed Jones had a new arrest for driving under the influence of alcohol and had failed multiple drug tests. Jones's defense argued that he had made progress and changed for the better, but the judge decided to terminate him from the Drug Court program based on the evidence of his continued drug use and new charges. The court found that his actions justified the termination. Additionally, the court recognized an error in Jones's sentencing for public intoxication because it exceeded the maximum allowed by law. The court ordered that part of the case be sent back to correct the sentence. The final decision was to uphold the termination from Drug Court but allow a correction on the public intoxication charge's sentencing in a separate order.

Continue ReadingF-2018-375

C-2018-685

  • Post author:
  • Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ORIE DANIEL HILL,** **Petitioner,** **V.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-685** **SUMMARY OPINION DENYING CERTIORARI** LEWIS, PRESIDING JUDGE: **Background:** Orie Daniel Hill, Petitioner, entered a blind plea of nolo contendere to multiple charges including: first-degree rape (victim under age fourteen), rape by instrumentation, lewd or indecent acts to a child under sixteen, and child sexual abuse. The trial court sentenced him to thirty years imprisonment on each count to be served concurrently and mandated three years of post-imprisonment supervision. Hill later filed a motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily, and that he was denied effective assistance of counsel. **Issues Raised:** 1. The trial court abused its discretion in denying Hill's motion to withdraw his plea; 2. Hill was denied effective assistance of counsel. **Facts:** The case involved allegations against Hill related to inappropriate sexual behavior towards an 8-year-old girl, A.H. The investigation included statements from the victim and forensic evidence, including DNA linking Hill to the offenses. **Analysis:** The court's review is limited to whether the plea was entered voluntarily and intelligently, whether the sentence was excessive, and whether counsel was effective. The burden is on Hill to demonstrate that his counsel was ineffective or that he did not fully understand the plea agreement. 1. **Proposition One:** The court concluded that Hill knowingly, intelligently, and voluntarily entered his plea. He was informed of his rights and the potential consequences. Despite Hill's claim of feeling pressure and receiving poor legal advice, the court found no evidence supporting these assertions. 2. **Proposition Two:** Hill’s claim of ineffective assistance of counsel did not meet the standard established in Strickland v. Washington, which requires showing both deficient performance and resulting prejudice. The court ruled that counsel’s advice was sound and appropriately reflected the realities of the situation, including the potential for harsher sentences if the case went to trial. **Conclusion:** The petition for a writ of certiorari is DENIED, and the judgment and sentence are AFFIRMED. **MANDATE:** Ordered issued upon delivery and filing of this decision. --- **APPEARANCES:** - **For Appellant:** David R. Slane; Nicollette Brandt - **For the State:** Chris Anderson, Assistant District Attorney **OPINION BY:** Lewis, P.J. **Concur:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-685_1734175737.pdf)

Continue ReadingC-2018-685

RE-2018-30

  • Post author:
  • 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.

Continue ReadingRE-2018-30

C-2018-927

  • Post author:
  • Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SAHIB QUIETMAN HENDERSON,** **Petitioner,** **v.** **THE STATE OF OKLAHOMA,** **Respondent.** **Case No. C-2018-927** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 30, 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Sahib Quietman Henderson entered a blind plea of guilty to Distribution of a Controlled Dangerous Substance within 2,000 feet of a School in the District Court of Stephens County, Case No. CF-2016-393. The plea was accepted by the Honorable Ken J. Graham, District Judge, on April 30, 2018, with sentencing delayed until July 25, 2018. On that date, Petitioner was sentenced to thirty (30) years in prison, with the first fifteen (15) years to be served and the remaining fifteen (15) years suspended, alongside a fine of $2,500.00. On August 2, 2018, represented by counsel, Petitioner filed an Application to Withdraw Plea of Guilty. At hearings on August 20 and 22, 2018, Judge Graham denied the motion to withdraw. Petitioner appeals the denial and raises the following propositions of error: 1. Failure of the State and District Court to honor the promised consideration for Appellant's plea requires modification of his inflated sentence, or an opportunity to withdraw his plea. 2. The sentence is shockingly excessive given the circumstances of the case. 3. Ineffective assistance of counsel in identifying, presenting, and preserving issues for review. After thorough review of these propositions and the entirety of the record, including original record, transcripts, and briefs, we find that neither reversal nor modification is required. Our primary concern in evaluating the validity of a guilty plea is whether the plea was entered voluntarily and intelligently. Petitioner carries the burden of proving his plea was entered unadvisedly, through influence, or without deliberation. Voluntariness is assessed through the entire record. In **Proposition I**, Petitioner claims that the plea lacked a knowing and voluntary nature due to non-fulfillment of a promise that he would be sentenced as a first-time offender and because of purported drug buys by his wife reducing his sentence. Contrary to this argument, the record shows Petitioner was treated as a first-time offender, with the court considering the mitigating factors at sentencing. His dissatisfaction with the resulting sentence does not provide grounds for withdrawal of the plea. In **Proposition II**, Petitioner contends the sentence is excessive. However, as he did not raise this claim in his Application to Withdraw Guilty Plea to the trial court, it is waived on appeal. In **Proposition III**, Petitioner argues ineffective assistance of counsel during both the plea and withdrawal hearings. A claim for ineffective assistance of counsel is only established by showing that counsel's performance was deficient and that it resulted in prejudice to the defendant. The record does not support that withdrawal counsel's performance was deficient or that it affected the outcome—Petitioner maintained he did not wish to withdraw his plea but rather sought a sentence modification. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon this decision. --- **APPEARANCES IN DISTRICT COURT:** Grant D. Shepherd 601 S.W. C Ave., Ste. 201 Lawton, OK 73501 Counsel for the Defense **APPEARANCES ON APPEAL:** Kimberly D. Heinze P.O. Box 926 Norman, OK 73070 Counsel for Petitioner at the Plea Hearing Ronald L. Williams P.O. Box 2095 Lawton, OK 73502 Counsel for the Defense at the Withdrawal Hearing Jason M. Hicks District Attorney Cortnie Siess & Greg Steward Assistant District Attorneys Stephens Co. Courthouse 101 S. 11th St., Duncan, OK 73533 Counsel for the State **OPINION BY:** LUMPKIN, J. LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-927_1734182885.pdf)

Continue ReadingC-2018-927

F 2018-0398

  • Post author:
  • Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STEVE GRAYSON FALEN, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **No. F 2018-0398** **May 23, 2019** **SUMMARY OPINION** **JOHN D. HADDEN LEWIS, PRESIDING JUDGE:** Appellant, Steele Grayson Falen, was charged on March 14, 2013, in Beckham County District Court Case No. CF-2013-106 with various offenses including Count 1 - Unlawful Possession of Controlled Drug with Intent to Distribute (felony), Count 2 - Possession of Controlled Dangerous Substance (misdemeanor), and Count 3 - Unlawful Possession of Drug Paraphernalia (misdemeanor). Following a guilty plea on January 23, 2014, he received a ten-year deferred sentence for Count 1 and one year for Counts 2 and 3, all to run concurrently, with credit for six months served in treatment. Later, on November 12, 2014, Appellant faced additional charges in Case No. CF-2014-446 involving burglary-related offenses. Consequently, the State sought to accelerate his deferred sentences linked to the new charges. Under a plea agreement, Appellant joined the Beckham County Drug Court Program on June 23, 2015, where he would face a significant sentence if he failed to complete the program successfully. The State filed to terminate Appellant from the Drug Court on February 21, 2018, citing early exit from treatment and subsequent arrest. After a revocation hearing on April 6, 2018, he was sentenced to 20 years for Count 1 and associated consequences for Counts 2 and 3 from both cases with sentences ordered to run concurrently. Appellant now appeals the termination from Drug Court, asserting that the trial court abused its discretion. However, findings indicate no abuse of discretion occurred as the Drug Court Act emphasizes the judge’s authority to revoke participation when conduct warrants termination. **DECISION** The termination of Appellant from the Beckham County Drug Court Program in both Case Nos. CF-2013-106 and CF-2014-446 is **AFFIRMED**. **APPEARANCES** *Counsel for Defendant:* J. Cade Harris, Appellate Defense Counsel Nicollette Brandt, Counsel *Counsel for the State:* Gina R. Webb, Assistant District Attorney Mike Hunter, Attorney General Theodore M. Peeper, Assistant Attorney General **OPINION BY:** LEWIS, P.J. *KUEHN, V.P.J.: Concur in Results* *LUMPKIN, J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur*

Continue ReadingF 2018-0398

RE-2018-644

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DUSTIN ARDELL CRUCE,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-644** **FILED APR 25 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** ROWLAND, JUDGE: This appeal arises from the revocation of Dustin Ardell Cruce’s suspended sentence in Okfuskee County District Court Case No. CF-2016-143, adjudicated by the Honorable Lawrence W. Parish. On February 22, 2017, Cruce entered a guilty plea to multiple charges, including Assault With a Dangerous Weapon and Possession of a Controlled Dangerous Substance, resulting in a total sentence of ten years for the most serious counts, suspended in part. On October 31, 2017, the State filed a Motion to Revoke Suspended Sentence, citing Cruce's failure to pay ordered reimbursement fees and alleged new criminal activity. However, the State subsequently abandoned the new crime allegation as part of a plea agreement in a separate case, leaving only the failure to pay as the basis for revocation. At the revocation hearing on May 2, 2018, the trial court determined that Cruce had indeed violated his probation by failing to fulfill financial obligations. Despite Cruce's claims regarding his employment status and efforts to comply, he provided no evidence of bona fide attempts to make the required payments. The standard for revocation allows the State to meet its burden by a preponderance of the evidence, and one proven violation is sufficient to justify a full revocation of a suspended sentence. Judge Parish opted to revoke only half of Cruce's remaining suspended sentence, demonstrating leniency. Cruce’s appeal asserts that the trial court abused its discretion by imposing revocation. However, as established in previous case law, including *Sparks v. State* and *Livingston v. State*, the court has broad discretion in these matters. The trial court was within its rights to revoke the suspension based on the stipulated violation of payment obligations. The decision of Judge Parish is affirmed, as Cruce has not demonstrated an abuse of discretion. **DECISION** The revocation of Appellant's suspended sentence in Okfuskee County District Court Case No. CF-2016-143 is AFFIRMED. **Legal Representation:** Counsel for Appellant: CURT ALLEN Counsel for Appellee: EMILY MUELLER, ASST. DISTRICT ATTORNEY **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J. (Concur in Results); LUMPKIN, J.; HUDSON, J.

Continue ReadingRE-2018-644

F-2018-83

  • Post author:
  • Post category:F

In OCCA case No. F-2018-83, the appellant appealed his conviction for terminating his participation in a drug court program. In an unpublished decision, the court decided to affirm the termination of the appellant's participation in the Kay County Drug Court Program. One judge dissented. The case began with the appellant being charged with domestic abuse, followed by several other charges which led to his participation in the drug court program. He had previous sentences but entered a plea agreement that allowed him to avoid immediate incarceration if he completed the program successfully. However, after multiple instances of non-compliance, the state requested to terminate him from the program. During a hearing, the judge evaluated whether the appellant had violated the terms of his performance contract in the drug court. The judge determined that he had. The appellant argued that the judge should have given him more chances to comply with the rules of the program, but the judge concluded that the appellant's actions warranted termination. The court ultimately agreed with the judge's decision, stating that he had not abused his discretion in terminating the appellant’s participation in the drug court program. The termination was deemed appropriate given the appellant's repeated violations.

Continue ReadingF-2018-83

C-2018-315

  • Post author:
  • Post category:C

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.

Continue ReadingC-2018-315

C-2018-410

  • Post author:
  • Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SEAN ALAN REYNOLDS,** Petitioner, v. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2018-410** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **APR 18 2019** **JOHN D. HADDEN, CLERK** --- ### SUMMARY OPINION DENYING CERTIORARI **ROWLAND, JUDGE:** Petitioner Sean Alan Reynolds entered a negotiated plea of guilty in the District Court of LeFlore County, Case No. CF-2016-1365, to Soliciting Sexual Conduct or Communication with a Minor by Use of Technology (Count 1), in violation of 21 O.S.2011, § 1040.13a, and Possession of Juvenile Pornography (Count 3), in violation of 21 O.S.2011, § 1021.2. On March 7, 2018, the Honorable Marion D. Fry, Associate District Judge, accepted Reynolds' guilty plea and sentenced him to ten years imprisonment on Count 1. On Count 3, Reynolds was sentenced to fifteen years imprisonment with all but the first ten years suspended. The sentences were ordered to be served concurrently. Reynolds filed a timely motion to withdraw his plea, which was denied after a hearing. He now appeals the denial of that motion and raises the following issues: 1. Whether the district court abused its discretion in denying his plea withdrawal on the grounds that his plea was not knowingly and voluntarily entered; 2. Whether the district court erred by failing to conduct the requested competency hearing; 3. Whether the special condition of probation restricting his internet use is overly broad and infringes upon his rights; 4. Whether he was denied effective assistance of counsel. **1. Denial of Motion to Withdraw Plea** Reynolds argues that his plea was not entered knowingly and voluntarily, claiming the district court abused its discretion in denying his motion to withdraw. The standard of review for such cases is whether there was an abuse of discretion. The district court's decision, based on testimony, demeanor, and the plea form, supports that Reynolds' plea was knowingly and voluntarily entered. The court did not abuse its discretion in denying the plea withdrawal. **2. Competency Hearing** Reynolds contends that the trial court erred in not ordering a mental health evaluation before ruling on the plea withdrawal motion. However, the record reflects that the district court established Reynolds' competency when accepting his plea. There was no indication during the plea hearing of any mental incapacity, and therefore, the court acted within its discretion by not ordering further evaluation. **3. Condition of Probation** Reynolds challenges a condition of probation prohibiting internet usage for five years, arguing it's overly broad. However, this issue was not raised in his motion to withdraw the plea, leading to a waiver of appellate review on this matter. **4. Effective Assistance of Counsel** Finally, Reynolds argues that he was denied effective assistance of counsel. To succeed, he must demonstrate both deficient performance and resulting prejudice. He claims his counsel did not address his alleged mental health issues, but there was no evidence presented at the plea hearing to suggest incapacity. Additionally, counsel cannot be deemed ineffective for failing to cite non-binding cases. Therefore, Reynolds has failed to show he was denied effective assistance of counsel. ### DECISION The Petition for a Writ of Certiorari is **DENIED**. The district court's denial of Petitioner's motion to withdraw plea is **AFFIRMED**. The MANDATE is ordered issued. --- **APPEARANCES IN THE DISTRICT COURT** **CYNTHIA VIOL** ATTORNEY FOR PETITIONER **KIMBERLY D. HEINZE** PLEA COUNSEL **MATTHEW R. PRICE** MOTION TO WITHDRAW COUNSEL **MIKE HUNTER** ATTORNEY GENERAL OF OKLAHOMA --- **OPINION BY: ROWLAND, J.** **LEWIS, P.J.:** Concur in Results **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-410_1734106115.pdf)

Continue ReadingC-2018-410

F-2017-1270

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1270, Bryan James Abner appealed his conviction for several offenses. In an unpublished decision, the court decided to affirm the decision to terminate him from drug court and sentence him according to the plea agreement. One judge dissented. Bryan James Abner was involved in multiple criminal cases related to theft, guns, drugs, and burglary. He was given the chance to join a Drug Court program to help him with his drug addiction instead of going straight to prison. However, if he did not follow the rules of the program, he would be sentenced for his crimes. Abner did well in the Drug Court for the first six months, but then he started to have problems. He tested positive for methamphetamine several times, had legal troubles, and missed appointments. The State's attorney asked to terminate him from the Drug Court because of these issues. During the hearing, witnesses testified about Abner's behavior. One officer found drugs on him, and a supervisor explained that Abner had many chances to improve but did not make enough progress. Abner's counselor testified that he had learned from some difficult experiences, including the death of his son, and asked for another chance in the program. The judge decided against Abner, saying that despite what the counselor said, Abner's problems continued. She noted that he had broken the rules of the Drug Court many times and had not responded to the chances he had been given. In summary, the court ruled that Abner needed to be removed from the Drug Court program for not following the rules, and he was sentenced based on his plea agreement. The court found that the evidence supported this decision, and there was no abuse of discretion by the judge.

Continue ReadingF-2017-1270

F-2017-1259

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1259, Davis appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and driving with a suspended license. In an unpublished decision, the court decided to affirm the termination of Davis from the Drug Court program and upheld his sentencing. One judge dissented.

Continue ReadingF-2017-1259

F-2017-911

  • Post author:
  • Post category:F

In OCCA case No. F-2017-911, the appellant appealed his conviction for various offenses. In an unpublished decision, the court decided to affirm the termination of the appellant from the Drug Court program. One judge dissented. The case began when the appellant, previously convicted of two counts of Second Degree Burglary, was sentenced to twenty-one years for each count but with most of that time suspended. While under supervision, the appellant was accused of violating the terms of his release due to new criminal charges. He later pleaded guilty to those new charges as well. To avoid serving the full sentences, the appellant entered a Drug Court program aimed at helping him overcome substance abuse issues. However, after several years in the program, he faced multiple sanctions for drug use and missed compliance with program rules. Eventually, the state moved to terminate him from Drug Court, asserting he had violated several agreements tied to his participation. During the hearing to decide whether he should be removed from the program, the trial judge ultimately decided that the appellant had not adequately followed the rules and terminated his participation. The appellant then argued that the judge should have considered giving him additional chances rather than terminating him outright. The court checked to see if the trial judge had abused his discretion, meaning if the judge made a choice that was unreasonable or did not follow the law. The records showed the appellant had been sanctioned several times over his three years in the program, but he continued to struggle with drug use. The court found no evidence that the judge had failed to weigh all the necessary factors before deciding to end the appellant's time in Drug Court. In the end, the court affirmed the decision to terminate the appellant from the Drug Court program, stating that the earlier judgments regarding his sentence also needed no changes since the mistakes made in paperwork were corrected. Therefore, the appeal was largely dismissed as moot.

Continue ReadingF-2017-911

F-2017-1053

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

Continue ReadingF-2017-1053

C-2017-567

  • Post author:
  • Post category:C

In OCCA case No. C-2017-567, the petitioner appealed her conviction for harboring a fugitive from justice. In an unpublished decision, the court decided to grant part of her request and said that she was wrongly denied her right to have a lawyer help her during important steps of her case. One judge disagreed with this decision. The case involves Teresa Lorena Altobella, who was charged with helping someone avoid the law. She pleaded guilty to the charge and was given a five-year prison sentence, which was suspended, meaning she wouldn’t go to jail if she followed certain rules, such as doing community service and completing a specific program. After her plea, she wanted to change her mind and asked the court to let her withdraw her guilty plea. The court had a hearing where Altobella tried to argue that she should be allowed to change her plea, but she did not have a lawyer to help her. She had trouble getting a lawyer before the hearing, and when she showed up without one, the judge did not allow her to have another lawyer during this important moment. Altobella argued that her guilty plea was not made correctly—she said she didn’t fully understand what she was doing when she pleaded guilty. The higher court looked at these points and agreed with Altobella when it came to the right to have a lawyer. The court said it is important for defendants to have legal help, especially during crucial parts of their cases like asking to withdraw a guilty plea. The court found that Altobella did not waive her right to a lawyer in a proper way, meaning that she should have been given a chance to have legal help. Because of this issue, the court decided to reverse the district court's decision that denied her request to withdraw her guilty plea. They sent the case back to the district court to make sure Altobella could have a lawyer help her figure out if she still wanted to withdraw her plea. The court's ruling on the pleas and other arguments was set aside because they believed it was essential to have proper legal representation in such cases. In summary, the court made it clear that every defendant has the right to legal assistance during important steps in their trial or when making significant legal decisions. This decision ensures that defendants have the support they need to navigate the legal system properly.

Continue ReadingC-2017-567

RE-2017-706

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THOMAS LYNN SPANN,** Appellant, **-VS-** **THE STATE OF OKLAHOMA,** Appellee. No. RE-2017-706 **FILED ** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA NOV 8 2018 JOHN D. HADDEN, CLERK --- **SUMMARY OPINION** **HUDSON, JUDGE:** In the District Court of Stephens County, Case No. CF-2012-436A, Appellant, while represented by counsel, entered a plea of guilty to the offense of Cruelty to Animals. On October 10, 2013, in accordance with a plea agreement, the Honorable Joe H. Enos, District Judge, sentenced Appellant to a $1,000.00 fine and to five (5) years imprisonment, with all but the first one (1) year of that term conditionally suspended under written rules of probation. On October 20, 2016, the State filed a Motion to Revoke Suspended Sentence. The Motion alleged Appellant had violated his probation by: 1. Failing to provide verification of employment; 2. Being in $920.00 in arrears on supervision fees due to the Department of Corrections; 3. Failing to pay restitution of $152.44; 4. Failing to pay $75.00 per month beginning October 2015 towards costs, fines, and fees, resulting in arrears of $675.00. On November 10, 2016, the parties appeared before the Honorable Ken Graham, District Judge, regarding the Motion to Revoke. While represented by counsel, Appellant stipulated to the probation violations contained in that Motion. Further revocation proceedings regarding punishment were postponed for two months, allowing Appellant time to comply with his probation requirements. This period was later expanded twice, eventually leading to a hearing on June 22, 2017. At this June 22nd hearing, Appellant again appeared with counsel. The probation officer provided a Supplemental Report indicating that Appellant remained significantly delinquent in fulfilling payment obligations, although he had paid off the restitution. Additionally, the report noted that Appellant had not verified employment nor demonstrated compliance with job search requirements. There were also reports of unsigned traffic citations and evidence of an altered appointment slip presented by Appellant. After considering testimonies and evidence regarding Appellant's compliance, Judge Graham revoked Appellant's suspended sentence in full. Appellant now appeals that final order of revocation, asserting that the court denied due process and abused its discretion by revoking the remaining suspended sentence based on extra-application allegations. After careful review, we find no error warranting reversal. Appellant had stipulated to the probation violations, providing the State with the necessary grounds to prove the allegations. Consequently, the trial court had the authority to revoke the suspended sentence. Appellant failed to demonstrate significant compliance with probation requirements over an extended period, despite having opportunities to rectify the situation. The revocation order is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2018), MANDATE IS ORDERED ISSUED on the filing of this decision. --- **APPEARANCES AT TRIAL** **R. L. WILLIAMS** P.O. BOX 2095 LAWTON, OKLAHOMA 73502 ATTORNEY FOR DEFENDANT **GREG STEWARD** ASSISTANT DISTRICT ATTORNEY STEPHENS COUNTY COURTHOUSE 101 SOUTH 11TH STREET DUNCAN, OKLAHOMA 73533 ATTORNEY FOR STATE OF OKLA. --- **OPINION BY: HUDSON, J.** **LUMPKIN, P.J.: CONCUR** **LEWIS, V.P.J.: CONCUR** **KUEHN, J.: CONCUR IN RESULTS** **ROWLAND, J.: CONCUR** --- **KUEHN, JUDGE, CONCURRING IN RESULT:** I concur in the result. The trial court did not abuse its discretion in revoking Appellant's suspended sentence in full. Appellant stipulated to the Application to Revoke, making only the issue before the trial court whether to revoke the suspended sentence in part or in full. While Appellant used this opportunity to pay restitution, he failed to comply with the rest of the conditions. The trial court reasonably considered Appellant's interim behavior, given the evidence of continued violations, leading to the conclusion to revoke. The failure to make a determination regarding Appellant’s ability to pay was error, but not dispositive as Appellant had already stipulated to the original allegations. The trial court properly considered the evidence presented in mitigation when deciding the final revocation of the sentence.

Continue ReadingRE-2017-706

C-2017-1311

  • Post author:
  • Post category:C

In OCCA case No. C-2017-1311, Heath Justin Wright appealed his conviction for multiple charges, including Second Degree Burglary, Knowingly Concealing Stolen Property, and Unlawful Possession of a Controlled Dangerous Substance. In an unpublished decision, the court decided to grant relief to Wright, allowing him to withdraw his guilty plea and proceed to trial. One judge dissented. Wright entered a negotiated plea without legal counsel and was accepted into the Pontotoc County Drug Court program. His plea agreement stated that if he successfully completed the program, his charges would be dismissed. However, if he failed, he would receive a lengthy prison sentence for each charge. After the State sought to terminate him from the drug court program, Wright tried to withdraw his plea. The court denied his request and sentenced him to the agreed-upon prison terms. Wright claimed his attorney did not assist him properly. He argued that he was not warned about the risks of representing himself in court. The court found that this lack of advice affected his decision to plead guilty. Since it was clear that Wright’s attorney did not address this issue, the court decided he should be allowed to withdraw his plea and face trial for the charges. The ruling concluded that because the initial plea was handled improperly, Wright should get another chance to defend himself in court.

Continue ReadingC-2017-1311

RE-2017-149

  • Post author:
  • Post category:RE

In OCCA case No. RE-2017-149, the appellant appealed his conviction for Escape from Arrest, Knowingly Concealing Stolen Property, and Domestic Assault and Battery Against a Pregnant Woman. In an unpublished decision, the court decided to affirm the order revoking the appellant's suspended sentences but required the lower court to remove the post-imprisonment supervision from its orders. One judge dissented. The case began when the appellant, after entering guilty pleas to several charges, was sentenced to ten years of imprisonment, which was suspended under certain conditions including probation. However, he failed to follow the rules of his probation, leading to a motion by the State to revoke his suspended sentences. The hearing revealed that the appellant initially reported to his probation officer but stopped when he learned about potential violation reports. At the hearing, the appellant indicated he wanted help for his struggles with drugs and alcohol and had a job and place to live, which he thought should allow him another chance at probation. However, the judge found that the appellant had a history of not following rules in the past and thus decided to revoke his suspension entirely. The court determined that the judge had a valid reason based on the evidence to revoke the probation. However, the judge made an error by adding a provision for post-imprisonment supervision that was not part of the original sentence. The court ordered that this part be removed from the revocation orders but kept the decision to revoke the suspended sentences.

Continue ReadingRE-2017-149

C-2017-684

  • Post author:
  • Post category:C

In OCCA case No. C-2017-684, Bryan Lee Guy appealed his conviction for possession of a stolen vehicle, driving while his license was under suspension, and affixing an unauthorized license plate. In an unpublished decision, the court decided to deny his appeal and remand the case to the District Court for a determination of whether he is a mentally ill person exempt from paying the costs of incarceration. One judge dissented. Bryan Guy was charged with three offenses and entered a guilty plea for all of them. He received a sentence that included time in prison and jail, plus post-imprisonment supervision. After a few days, he wanted to withdraw his guilty plea, saying he didn't fully understand what he was doing or that he wasn't well advised by his lawyer. The court held a hearing but decided not to allow him to withdraw his plea. In his appeal, Bryan raised three main issues. He argued that he should be allowed to take back his guilty plea because it wasn't made in a knowing, intelligent, and voluntary way. He also complained about being charged for incarceration costs and claimed his lawyer didn't provide effective help. The court looked closely at Bryan’s arguments. It found that he didn’t prove that he didn’t understand his plea, concluding that the trial court acted fairly. Bryan's second point about the costs also didn't stand because he didn't raise it during the first hearing, which meant he could not bring it up later in his appeal. His claim about not getting good help from his lawyer was examined using a specific test. The court noted that Bryan claimed to have been misinformed about the minimum punishment for one of the offenses, but this did not affect the outcome since the misunderstanding was in his favor. Ultimately, the court found that there was a chance Bryan might be mentally ill, which means he might not have to pay for incarceration costs. This was a significant factor, leading to the decision to send the case back to the lower court for more examination of his mental health status. The final decision of the court was to deny the appeal for the first two issues but recognized the need to assess Bryan's mental health concerning the costs he was ordered to pay for incarceration. The case was remanded for that specific determination.

Continue ReadingC-2017-684

C-2017-33

  • Post author:
  • Post category:C

In OCCA case No. C-2017-33, a person appealed his conviction for manslaughter. In a published decision, the court decided to modify his sentence to run concurrently with another sentence. One judge dissented. In this case, the person, who we'll refer to as the appellant, had entered a guilty plea to first degree manslaughter. He ended up being sentenced to twenty-three years in prison. After some time, the appellant decided he wanted to take back his guilty plea. He claimed he didn't fully understand the consequences of his plea when he entered it, and he felt he was pressured into making that choice. The court held three hearings to talk about the appellant’s request to withdraw his guilty plea. Ultimately, the judge denied his request, finding that his plea was made voluntarily and knowingly. The appellant raised two main arguments in his appeal. First, he argued that his plea was not given voluntarily or knowingly. Second, he said he did not get proper legal help from his attorney, which affected his case. The court looked closely at the entire record, including the hearings and the agreements made during the plea process. They found that even though the appellant felt he was pressured, he actually understood what he was doing when he entered his plea. They decided that the plea was valid and should not be withdrawn. However, the court also recognized that the state did not follow the agreement regarding a related case. The state had promised not to seek a revocation of the appellant's other suspended sentence, but after the appellant filed to withdraw his plea, the state moved to revoke that sentence anyway. The court determined that this was a significant breach of the plea agreement, which affected the fairness of the situation. Since the appellant was also facing the loss of additional years in prison because of the state's actions, the court decided to modify his sentence. Instead of having the two sentences run one after the other, the court ordered them to run at the same time. This way, the appellant would not be unfairly punished because of the state’s breach of their agreement. In conclusion, the court agreed the appellant’s plea was valid and was made knowingly and voluntarily. However, to correct the mistake made by the state regarding the plea agreement, they modified his sentence to ensure fairness. One judge disagreed with some parts of the decision.

Continue ReadingC-2017-33