Preliminary Hearing Transcript Archives

RE-2018-249

Post author:Staff
Post published:May 16, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

S-2011-765

Post author:Staff
Post published:July 18, 2012
Post category:S

In OCCA case No. S-2011-765, Steven Cory Lymen appealed his conviction for Second Degree Burglary. In an unpublished decision, the court decided to deny the State's appeal to reverse the trial court's decision. The court determined that the trial court did not misuse its authority when it suppressed evidence and dismissed the case. The State had argued that the witness's identification of Lymen was valid despite it being considered unduly suggestive initially, but the court ultimately agreed with the trial court’s conclusion that the identification was not reliable.

F-2009-1142

Post author:Staff
Post published:September 1, 2011
Post category:F

In OCCA case No. F-2009-1142, the Appellant appealed his conviction for seven counts, including five counts of Knowingly Concealing/Receiving Stolen Property, First-Degree Arson, and Second-Degree Burglary. In an unpublished decision, the court decided to reverse all of the Appellant's convictions due to several errors during the trial. The court identified that the Appellant was denied access to his preliminary hearing transcripts, which affected his ability for a fair trial. The court also noted there was improper joinder of cases, leading to the admission of prejudicial evidence that may have influenced the jury's verdict. One judge dissented regarding the conclusion that the errors warranted a complete reversal of the convictions, arguing that the first error was harmless and could be remedied with a sentence modification.

RE-2006-180

Post author:Staff
Post published:April 23, 2007
Post category:RE

In OCCA case No. RE-2006-180, the appellant appealed his conviction for revocation of his suspended sentence. In a published decision, the court decided in part to grant the appeal, allowing credit for thirty days previously served, but denied the rest of the appeal concerning time served in county jail during the revocation proceedings. One judge dissented. The case involved Raynard Emory Dinkins, who had received a suspended sentence after pleading guilty to Unlawful Possession of Marijuana. Over time, Dinkins faced various legal issues, including an application to revoke his suspended sentence due to numerous probation violations. A judge found that he had violated several rules during his probation, leading to a revocation of his suspended sentence. The court noted that Dinkins had been in jail before his revocation hearing but did not grant him credit for that time, arguing that it was because he had trouble working with his attorneys. Dinkins contested this, claiming he should receive credit for the time he served while awaiting the hearing. The court agreed that he should receive credit for an earlier thirty-day jail term related to his probation. In the end, the court found that while Dinkins was entitled to some credit for time served, it was within the judge's discretion not to grant him credit for the later time spent in jail. Therefore, the appeal was partially granted to correct the credit issue, while other claims were denied.

F-2005-320

Post author:Staff
Post published:July 11, 2006
Post category:F

In OCCA case No. F-2005-320, Duncan appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Duncan was found guilty of First Degree Manslaughter in Pushmataha County, and he was sentenced to four years in prison, with the last year suspended. He argued that his trial had several problems that made it unfair, including issues with witness testimony and jury instructions. The main issue in Duncan's appeal was that a doctor’s assistant’s testimony from a preliminary hearing was used at the trial, even though the assistant did not appear in person to be questioned. Duncan claimed this was wrong because he did not get a chance to confront the assistant and ask him questions. The court agreed with Duncan, stating that it is important for a defendant to see and question witnesses in person to ensure a fair trial. The court pointed out that the rules used to allow the assistant's testimony did not apply to criminal trials, and therefore, the testimony should not have been part of the evidence. The absence of this testimony was significant enough that it could have affected the trial's outcome. Because of this error, Duncan's conviction was overturned, and the court ordered a new trial, meaning Duncan will have the chance to defend himself again in court. The court decided not to consider other arguments Duncan made since the first issue was enough to reverse the decision.