Plea of No Contest Archives

RE-2019-155

Post author:Staff
Post published:February 13, 2020
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **MICHELLE MARIE MESPLAY,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2019-155** **FILED** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA FEB 13 2020 **JOHN D. HADDEN** CLERK --- **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant Michelle Marie Mesplay appeals from the revocation of her suspended sentences in Ottawa County District Court Case No. CF-2015-134. On October 2, 2015, Appellant entered a plea of no contest to Child Neglect under 21 O.S.Supp.2014, § 843.5(C). The trial court accepted her plea, withheld a finding of guilt, and delayed proceedings for ten years. On December 23, 2016, the State filed an Application to Accelerate Deferred Judgment, to which Appellant stipulated. The court then accelerated her deferred sentence to a conviction, sentencing her to ten years imprisonment with all ten years suspended. On May 3, 2018, the State moved to revoke the suspended sentence, citing failures to pay supervision fees and court costs, continued methamphetamine use, repeated failures to report, and unknown whereabouts. Appellant stipulated to the motion, and the Honorable Robert Haney revoked seven and a half years of her remaining ten-year suspended sentence. Appellant contends this revocation was excessive and claims an abuse of discretion regarding the length of the revocation. The court's decision to revoke is grounded in the understanding that a suspended sentence is a matter of grace (Demry v. State, 1999 OK CR 31, I 12, 986 P.2d 1145, 1147). The State must demonstrate only one violation of probation to revoke a suspended sentence in full (Tilden v. State, 2013 OK CR 10, I 10, 306 P.3d 554, 557). In this case, Appellant’s stipulation to violating the terms of her suspended sentence validates the trial court’s revocation decision. The trial court’s discretion in revocations remains crucial, and disturbances to this discretion are reserved for clear abuse (Jones v. State, 1988 OK CR 20, I 8, 749 P.2d 563, 565). Evidence presented to justify the revocation aligned with statutory requirements (22 O.S.Supp.2018, § 991b(A)), and Appellant has not substantiated any claim of abuse of discretion. **DECISION** The revocation of Appellant's suspended sentences in Ottawa County District Court Case No. CF-2015-134 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES:** **ANDREW MELOY** – Counsel for Defendant **MARK HOOVER** – Counsel for Appellant **ROGER HUGHES**, **MIKE HUNTER** – Counsel for Appellee **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR --- For the complete opinion in PDF format, [click here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2019-155_1734334834-1.pdf).

RE-2018-435

Post author:Staff
Post published:June 20, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSE FIGUEROA MESTA,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-435** **FILED** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 20 2019 JOHN D. HADDEN CLERK **SUMMARY OPINION** LUMPKIN, JUDGE: Appellant appeals from the revocation of his suspended sentence in Texas County District Court Case No. CF-2015-1. On March 4, 2016, Appellant entered a plea of no contest to Possession of a Controlled Dangerous Substance Within 1,000 Feet of a Park, in violation of 63 O.S.Supp.2012, § 2-402(C)(1). The Honorable Jon Parsley, District Judge, convicted Appellant and sentenced him to ten years imprisonment, with all but the first eighty days suspended. On February 27, 2018, the State filed an Amended Application to Revoke Suspended Sentence alleging Appellant failed to submit probation reports; failed to report his arrest for public intoxication; moved back into Oklahoma without reporting it to the district court; and committed new crimes of Possession of a Controlled Drug, Marijuana, Within 2000 Feet of a School or Park, With Intent to Distribute (Count 1), and Possession of CDS Without a Tax Stamp Affixed (Count 2) as alleged in Texas County District Court Case No. CF-2018-58. Following a hearing, Judge Parsley revoked Appellant's remaining suspended sentence in full. **Proposition I:** Appellant alleges the trial court erred in assessing him attorney fees of $500, which he claims exceeds the amount allowed by statute. **Proposition II:** Appellant argues he cannot be assessed the costs of his incarceration because he is mentally ill. These claims are outside the scope of a revocation appeal. The consequence of judicial revocation is to execute a penalty previously imposed in the judgment and sentence. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. As noted on numerous occasions, arguments regarding attorney fees and incarceration costs are administrative and not properly presented as part of the appeal of an order revoking a suspended sentence. Thus, we deny Propositions I and II. **Proposition III:** Appellant objects to the inclusion of post-imprisonment supervision in the revocation order. The State concedes this point, arguing the issue is moot because Judge Parsley entered an amended revocation order on January 17, 2019, deleting post-imprisonment supervision from the revocation order. We agree that this proposition is moot. The decision to revoke a suspended sentence in whole or part is within the sound discretion of the trial court and will not be disturbed absent an abuse thereof. Appellant has not established that Judge Parsley abused his discretion. **DECISION** The revocation of Appellant's suspended sentence in Texas County District Court Case No. CF-2015-1 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** AT REVOCATION **VONDA WILKINS** P.O. BOX 1486 GUYMON, OK 73492 COUNSEL FOR DEFENDANT ON APPEAL **LISBETH McCARTY** P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT **TAOS SMITH** ASST. DISTRICT ATTORNEY 319 N. MAIN GUYMON, OK 73942 COUNSEL FOR STATE **MIKE HUNTER** OKLA. ATTORNEY GENERAL KEELEY MILLER ASST. ATTORNEY GENERAL 313 N.E. 21st ST. OKLAHOMA CITY, OK 73105 COUNSEL FOR APPELLEE **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/RE-2018-435_1734691413.pdf)

RE-2018-342

Post author:Staff
Post published:May 9, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSHUA ERIC ARMSTRONG,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. No. RE-2018-342 **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY - 9 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **HUDSON, JUDGE:** Appellant Joshua Eric Armstrong appeals from the revocation of his suspended sentence from the Woodward County District Court Case No. CF-2017-5, overseen by the Honorable David A. Work, Associate District Judge. ### Background On March 31, 2017, Appellant pled no contest to the charge of Possession/Concealing Stolen Property, leading to a five-year sentence, with all but the first two months suspended. On March 8, 2018, the State sought to revoke Appellant's suspended sentence on various grounds: failure to report, providing a false address, testing positive for methamphetamine, failing to pay court costs, prosecution reimbursement fees, restitution, and committing Grand Larceny (Case No. CF-2018-11). At the March 27, 2018, hearing, Judge Work revoked four years of Armstrong's suspended sentence. ### Appellant's Claims 1. **Proposition I**: Judge Work’s pronouncements were insufficient regarding the alleged probation violations. - **Finding**: No statutory requirement exists for detailed findings at revocation. The petition sufficiently informed Appellant of the grounds. 2. **Propositions II, III, and V**: The State did not prove certain alleged violations. - **Finding**: The State proved other violations; only one is necessary for revocation. 3. **Proposition IV**: Insufficient evidence to prove a false address. - **Finding**: Evidence indicated Appellant likely provided a false address. 4. **Proposition VI**: Improper revocation for unemployment not alleged in the petition. - **Finding**: Appellant failed to object during the hearing, waiving the issue for all but plain error review, which he did not establish. 5. **Proposition VII**: The trial court abused discretion in revoking part of the suspended sentence instead of requiring treatment. - **Finding**: Evidence supported the violations alleged in the petition, and there was no abuse of discretion. ### Decision The revocation of Appellant's suspended sentence in Woodward County District Court Case No. CF-2017-5 is **AFFIRMED**. Mandate to be issued upon filing of this decision. **Appearances**: **Counsel for Defendant**: Ryan D. Recker **Counsel for Appellant**: Sarah MacNiven **Counsel for the State**: Kate Loughlin, Mike Hunter, Keeley L. Miller **OPINION BY**: HUDSON, J. **LEWIS, P.J.**: CONCUR **KUEHN, V.P.J.**: CONCUR **LUMPKIN, J.**: CONCUR **ROWLAND, J.**: CONCUR [Download PDF of Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-342_1734697264.pdf)

RE-2001-318

Post author:Staff
Post published:June 6, 2001
Post category:RE

In OCCA case No. RE-2001-318, the appellant appealed his conviction for assault and battery with a dangerous weapon. In a published decision, the court decided to affirm the revocation of the appellant's suspended sentence but found that he should be allowed to earn good-time credits. One judge dissented regarding the way the case was handled concerning incarceration costs. The case started when the appellant entered a plea and had his sentence deferred for three years. Later, his sentence was accelerated, and he was sentenced to seven years with two years suspended. After a while, the State requested to revoke his sentence, which led to a court hearing. The judge revoked the suspended sentence and ordered the appellant to serve 120 days in jail without earning good-time credits and to pay for his incarceration. During the appeal, the appellant argued two main points. He claimed that the court did not have the authority to deny him the ability to earn good-time credits and that it violated his rights by not reviewing the actual costs of his incarceration. The appellate court agreed that the lower court had exceeded its authority by not allowing the appellant to earn credits and ruled that the case needed further review regarding the incarceration costs. In summary, the appellate court confirmed the revocation of the appellant's suspended sentence but changed the decision about good-time credits and required a new review of incarceration costs to ensure fairness.