Probation

RE-2021-1290

  • Post author:
  • Post category:RE

In OCCA case No. RE-2021-1290, Vernon Shawn Miller, Jr. appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the order revoking Miller's suspended sentences but vacated the part of the order that imposed post-imprisonment supervision. One member of the court dissented. Vernon Shawn Miller, Jr. had a serious legal history. He pleaded guilty to multiple charges, including kidnapping and domestic assault, and was given a sentence but had part of it suspended after he completed a special drug program. However, in August 2021, the State filed a motion to revoke his suspended sentence because he broke the rules of his probation, which included failing to complete a required assessment and getting arrested for a new crime. The trial court held a hearing and decided to revoke all of Miller's suspended sentence. Miller argued against this decision, claiming it violated the rules because he should not serve more time than the sentence he was given. The court explained during the hearing that it intended to revoke all of the suspended time left on his sentence. Miller raised several arguments during his appeal. He thought the sentence should not exceed what he had left to serve and believed that the facts used to revoke his sentence came from an earlier trial rather than the hearing itself. Miller also said he did not get good help from his lawyer during the process. The court reviewed Miller's arguments closely. It confirmed that the judge's decision to revoke the entire suspended sentence was valid and within their rights. They found no specific errors in what the trial court did, except for the imposition of post-imprisonment supervision, which should not have been added since it was not part of the original sentence. In the end, the court upheld the revocation of Miller's suspended sentence but removed the part about post-imprisonment supervision, meaning Miller had to serve the time his sentence required without additional conditions.

Continue ReadingRE-2021-1290

RE-2021-1042

  • Post author:
  • Post category:RE

In OCCA case No. RE-2021-1042, Matthew Bryan Buttery appealed his conviction for a series of crimes including distribution of controlled substances and petit larceny. In a published decision, the court decided to affirm the revocation of his suspended sentence but ordered that his new sentence run concurrently with a prior sentence from another case. One judge dissented on the issue of how the sentences should relate to one another. Matthew Buttery had previously pled guilty to several charges. He was given a ten-year suspended sentence, which means he didn't have to serve time in prison at that moment but had to follow certain rules. If he broke any rules, the court could take back that suspended sentence and send him to prison. The state claimed that Buttery did not report as required, did not pay his probation fees, and committed a new crime, for which they wanted to revoke his suspended sentence. During the hearing, the court found Buttery had violated the terms of his probation and revoked his suspended sentence. Buttery argued that the court made a mistake by not giving him credit for time he had already served and by ordering that his new sentence run after a different sentence from another county. The court explained that it had the right to revoke Buttery's suspended sentence because he violated the rules. They stated they didn't have to give him credit for time served because the suspended sentence is not changed by the violation. They also found that the judge improperly decided his new sentence would run after the one from the other county rather than at the same time. The judges clarified that when a sentence is revoked, it should not change how sentences from different cases affect each other. In the end, Buttery's appeal led to some changes. The court ordered that his new sentence should run concurrently, meaning he would serve them at the same time, rather than one after the other. However, the court upheld the overall decision to revoke his suspended sentence for breaking the rules of his probation. One judge agreed with the decision to affirm the revocation but disagreed with other parts of the analysis regarding the relationship between the sentences. So, to summarize, the main points from the case are that Matthew Bryan Buttery's suspension was revoked because he violated probation rules, but the court made a mistake when deciding how his new sentence should relate to an older sentence. He is to serve them at the same time now, according to the latest court ruling.

Continue ReadingRE-2021-1042

RE-2019-522

  • Post author:
  • Post category:RE

In OCCA case No. RE-2019-522, Leslie Ford appealed his conviction for revocation of his suspended sentences. In an unpublished decision, the court decided to affirm the revocation of the suspended sentences in both cases but also instructed the lower court to correct a written order error regarding the duration of the revocation. One member of the court dissented. Leslie Ford had previously been sentenced in two cases for stalking, with each sentence being five years long but suspended, meaning he would not have to go to prison if he followed certain rules. However, he was accused of breaking these rules. The state said he didn’t pay the required fees, didn’t go to treatment for domestic abusers, drank alcohol, and even got in trouble for more offenses. At a hearing, the judge found that Leslie did indeed break the rules, leading to the full revocation of his sentences. Leslie then appealed the decision, bringing up several reasons why he thought the revocation was unfair. He argued about his mental fitness during the process and claimed there were time limit violations concerning the hearings. The court explained that they could only focus on whether the revocation was valid and that the evidence showed he broke the rules. They also found that a confusion on how long he was sentenced was a mistake, which they ordered to be fixed. Overall, Leslie did not manage to successfully argue for the reversal of his revocation, except for the correction regarding the error in the time of imprisonment mentioned in the written order.

Continue ReadingRE-2019-522

RE-2018-1287

  • Post author:
  • Post category:RE

Here is a summary of the Court of Criminal Appeals decision regarding Darryn Lamar Chandler, Jr.: **Case Summary:** - Appellant: Darryn Lamar Chandler, Jr. - Appellee: The State of Oklahoma - Case Numbers: CF-2015-2683 and CF-2016-534 - Date of Decision: February 6, 2020 - Judge: Honorable Glenn Jones **Background:** - Chandler was previously convicted in two separate cases involving serious crimes: 1. Case No. CF-2015-2683: Guilt for possession of a controlled substance with intent to distribute, possession of an offensive weapon during a felony, and possession of an imitation controlled substance. 2. Case No. CF-2016-534: Guilt for robbery with a firearm and conspiracy to commit robbery with a firearm. - Sentences: In both cases, he received suspended sentences with the first year of incarceration. **Allegations of Violation:** - On September 21, 2018, the State filed to revoke Chandler’s suspended sentences due to new charges related to his involvement in a violent robbery while on probation. **Revocation Hearing:** - The hearing began on November 27, 2018, where evidence was presented by the State indicating Chandler's direct involvement in the robbery of a loan business, during which he threatened employees with a firearm. - Chandler did not present any evidence in his defense. - The judge found Chandler in violation of probation, leading to the revocation of his suspended sentences. **Sentencing Hearing:** - A presentence investigation report was requested and filed before the sentencing hearing, which took place on December 20, 2018. - The State argued for full revocation based on the violent nature of the robbery, while Chandler's counsel argued for a more lenient approach citing Chandler's background and potential for rehabilitation. **Court's Decision:** - The Court upheld the trial court's decision to revoke the suspended sentences in full, emphasizing that Chandler committed a violent crime in direct violation of the conditions of his probation, which warranted no abuse of judicial discretion. **Conclusion:** - The Court affirmed the revocation of Chandler's suspended sentences, noting the trial court’s discretion in making its determination based on the evidence of Chandler’s actions while on probation. **Final Note**: For more detailed information, there is a downloadable PDF available [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1287_1734352969.pdf).

Continue ReadingRE-2018-1287

F-2018-900

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ANGEL MUNOZ,** **Appellant,** **-VS-** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-900** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **JAN - 9 2020** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant, Angel Munoz, appeals from the acceleration of his deferred judgment and sentencing in Case No. CF-2016-701 in the District Court of Oklahoma County, by the Honorable Glenn M. Jones, District Judge. On March 7, 2018, Appellant entered a plea of guilty to Count 1: Assault and Battery With a Dangerous Weapon, with sentencing deferred for a period of five years under probation conditions until March 6, 2023. On June 26, 2018, the State filed an application to accelerate Appellant's deferred judgment and sentencing, alleging he violated probation by committing the new crime of Possession of a Firearm after a prior felony conviction, as charged in Oklahoma County District Court Case No. CF-2018-2625. An amended application was filed on August 21, 2018. At the hearing on this application, the State called Appellant's probation officer, Tammera Saavedra. During a home visit on April 13, 2018, Officer Saavedra found a nine-millimeter semiautomatic pistol and ammunition in plain view in a garage where Appellant claimed to be staying. Additionally, personal items belonging to Appellant were found near the firearm, leading to his arrest for possessing the firearm. Appellant's brother-in-law, Arturo Plascencia, testified that Appellant did not live in the garage, stating that he had never stayed there. Appellant corroborated this, but both testimonies were contradicted by evidence showing Appellant's possession and control of the area where the gun was found. After hearing the evidence, Judge Jones found that Appellant violated his probation. Consequently, he accepted the State's recommendation and sentenced Appellant to a term of ten years. Appellant raises two propositions of error on appeal: 1. **Proposition I**: The trial court abused its discretion by accelerating Appellant's sentence when the State failed to provide sufficient competent evidence of the alleged new offense. 2. **Proposition II**: The acceleration judgment should reflect Appellant's conviction for Assault and Battery With a Dangerous Weapon, rather than Assault and Battery With a Deadly Weapon. **ANALYSIS** In **Proposition I**, Appellant argues that the evidence was insufficient to establish his knowledge of the firearm's presence. The standard for reviewing such claims requires that the court finds whether a rational trier of fact could have concluded the essential elements of the probation violation were met by a preponderance of the evidence. Evidence presented indicated Appellant's admission to living in the garage at the time the firearm was discovered. Testimony from Officer Saavedra and physical evidence reinforced the conclusion that Appellant had dominion and control over the area where the firearm was located. Conflicting testimonies regarding Appellant's residence and possession were matters for the court to evaluate. Thus, Appellant failed to substantiate that Judge Jones acted irrationally in his ruling. In **Proposition II**, Appellant argues for a correction of the accelerating judgment to accurately reflect his offense. The State agrees that this matter warrants attention. Therefore, it should be remanded to the District Court for the necessary correction. **DECISION** The order of the District Court of Oklahoma County accelerating Appellant's deferred judgment and sentencing in Case No. CF-2016-701 is AFFIRMED. However, the case is REMANDED to the District Court for a correction in accordance with Appellant's request. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), the MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** **For the Appellant:** Kenneth C. Watson, Nancy Walker-Johnson Attorney at Law 119 N. Robinson, Suite 640 Oklahoma City, OK 73102 **For the State:** Tiffany Noble, Mike Hunter, Diane L. Slayton Assistant District Attorneys 505 County Office Building Oklahoma City, OK 73102 **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-900_1735119586.pdf)

Continue ReadingF-2018-900

RE-2018-1236

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Richard James Nunes, Appellant,** **-VS-** **The State of Oklahoma, Appellee.** **Case No. RE-2018-1236** **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant, Richard James Nunes, appeals from the revocation of his eight-year suspended sentence in Case No. CF-2014-450 by the Honorable George Butner, District Judge, in the District Court of Seminole County. **Background:** On March 12, 2015, Nunes entered a guilty plea to Possession of a Stolen Vehicle (felony) and Altering License Plate/Decal (misdemeanor). He was sentenced to ten years on the felony, with the first two years to be served and the remainder suspended, and one year on the misdemeanor to be served concurrently. On December 27, 2017, the State filed a motion to revoke Nunes' suspended sentence, alleging probation violations. An initial appearance occurred on January 23, 2018, followed by the appointment of counsel on February 2, 2018. Nunes was released on bond on February 8, 2018 but failed to appear for a scheduled hearing on February 15, 2018. A hearing was ultimately held on November 26, 2018, where the probation officer testified that Nunes never reported after his release and was considered an absconder. Despite Nunes' testimony providing varying explanations for his actions, Judge Butner concluded that he violated probation and revoked the suspended sentence in full. **Proposition of Error:** Nunes asserts the trial court abused its discretion in revoking his suspended sentence because the revocation hearing was not timely. **Analysis:** According to 22 O.S.Supp.2016, § 991b(A), a revocation hearing must be held within twenty days following a plea of not guilty to the motion to revoke, unless waived. Nunes contends he never entered a plea and thus the hearing was untimely. However, as acknowledged by the State and Nunes himself, he never formally entered a plea of not guilty, meaning the twenty-day timeframe was never initiated. Moreover, the delay in the revocation hearing was primarily due to Nunes absconding and not fulfilling his responsibilities, further complicating the matter. **Decision:** The order of the District Court of Seminole County revoking Nunes' eight-year suspended sentence is therefore AFFIRMED. **OPINION BY: HUDSON, J.** **CONCUR: LEWIS, P.J.; KUEHN, V.P.J. (CONCUR IN RESULTS); LUMPKIN, J.; ROWLAND, J.** --- For the full decision document, please visit the following link: [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1236_1734353731.pdf)

Continue ReadingRE-2018-1236

RE-2018-1006

  • Post author:
  • Post category:RE

**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-1006** **Jose Adolfo Rios, Appellant,** **vs.** **The State of Oklahoma, Appellee.** **Summary Opinion** **Judge Lumpkin:** Appellant, Jose Adolfo Rios, appeals from the revocation in full of his concurrent ten-year suspended sentences in Case No. CF-2006-6132. The Honorable Ray C. Elliott, District Judge, ruled on this matter. On April 4, 2008, Appellant entered a guilty plea to two counts of Rape in the First Degree and two counts of Indecent or Lewd Acts With a Child Under Sixteen, resulting in sentences of twenty-two years for the rape counts (with the first twelve years suspended) and twenty years for the lewd acts counts (with the first ten years suspended), all to run concurrently. On July 25, 2018, the State filed an Application to Revoke Suspended Sentence, asserting multiple violations of probation, including failing to report, change of address, pay supervision fees, attend mandated treatment, and committing a new crime—Domestic Assault and Battery With a Dangerous Weapon. During the revocation hearing before Judge Elliott, substantial evidence was presented regarding Appellant's violation of probation terms, including testimonies from Appellant’s probation officer and other evidence illustrating Appellant's failure to comply with treatment and reporting requirements. Appellant testified about personal struggles following a crime in which he was a victim, stating he had fallen victim to substance abuse and homelessness. After reviewing the evidence, Judge Elliott found sufficient basis to revoke the suspended sentences, having established by a preponderance of the evidence that Appellant had committed multiple violations, including failing to report and failing to attend treatment. **Proposition of Error:** Appellant argues that the trial court abused its discretion in fully revoking his sentence, asserting that Judge Elliott did not adequately consider alternatives to full revocation. **Analysis:** The decision to revoke a suspended sentence is within the discretion of the trial court and will not be overturned without evidence of abuse of that discretion. Here, Judge Elliott had unrefuted evidence of Appellant's violations. The record demonstrates that Appellant acknowledged his failures and did not meet the terms of probation. While Appellant claimed that less severe measures should have been considered, the applicable statutes do not mandate such considerations during revocation proceedings. As such, Appellant has not demonstrated that the trial court erred or abused its discretion in revoking the sentences in full. **Decision:** The order of the District Court of Oklahoma County revoking Appellant's concurrent ten-year suspended sentences is AFFIRMED. **Appearances:** **For Appellant:** Ben Munda, Assistant Public Defender Hallie Elizabeth Bovos, Assistant Public Defender 320 Robert S. Kerr, Suite 400 Oklahoma City, OK 73102 **For the State:** Suzanne Lavenue, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma Tessa L. Henry, Assistant Attorney General 320 Robert S. Kerr, Suite 505 Oklahoma City, OK 73102 **Opinion By:** Lumpkin, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. MANDATE is ORDERED issued upon the filing of this decision. [Download Full Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1006_1734358375.pdf)

Continue ReadingRE-2018-1006

C-2018-1050

  • Post author:
  • Post category:C

This document appears to be a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding James Michael Simmons, who sought a writ of certiorari after pleading nolo contendere to a misdemeanor charge of making threats by electronic device. ### Key Points of the Summary Opinion: 1. **Case Information**: - **Petitioner**: James Michael Simmons. - **Respondent**: The State of Oklahoma. - **Case Number**: C-2018-1050. - **Trial Court**: Mayes County, Case No. CF-2017-350. 2. **Background**: - Simmons pled nolo contendere (no contest) to the charge and was granted deferred judgment for one year under probation conditions. - He later filed a motion to withdraw the plea, which the trial court denied. 3. **Propositions of Error**: - **Proposition 1**: Failure to use the uniform guilty plea form. - The court found no prejudice from the omission of the uniform form since the record was adequate for review. - **Proposition 2**: Claim of not understanding the plea’s consequences. - The court determined that the trial court provided sufficient advice regarding the plea's nature and consequences. - **Proposition 3**: Insufficient factual basis for the plea. - The court concluded there was a sufficient factual basis for the plea, affirming that the plea was entered correctly. - **Proposition 4**: Denial of effective assistance of counsel for both the plea and withdrawal process. - The court found no deficient performance by counsel or resulting prejudice. 4. **Decision**: - The petition for a writ of certiorari was denied, and the judgment and sentence were affirmed. 5. **Appearance**: - Various attorneys represented Simmons throughout the trial and appeal processes. ### Conclusion: The Court of Criminal Appeals ultimately affirmed the lower court's decision, finding no basis for reversing the judgment based on the claims presented by Simmons. The opinion indicates that procedural and substantive requirements were satisfactorily met during the plea process.

Continue ReadingC-2018-1050

F-2018-973

  • Post author:
  • Post category:F

In the case of Brian Scott Willess v. The State of Oklahoma, the Oklahoma Court of Criminal Appeals addressed an appeal concerning the acceleration of Willess' deferred sentence for the crime of Stalking. The appeal was brought forth after the District Court of Cleveland County, under Judge Thad Balkman, found that Willess had violated the terms of his probation by not taking mandated mental health medication and committing a new stalking offense. **Background:** - On May 23, 2018, Willess entered a no contest plea to stalking, with sentencing deferred for five years, under probation terms. - The State later filed an Application to Accelerate Judgment, alleging violations of probation terms. A hearing was held on September 5, 2018, leading to the acceleration of Willess' sentence to five years imprisonment. **Propositions of Error:** Willess raised multiple arguments in his appeal: 1. **Ineffective Assistance of Counsel**: Claimed his counsel failed to argue for credit for time served prior to his plea. 2. **Jurisdiction Issues**: Argued that the district court lacked jurisdiction because there was no preliminary hearing held. 3. **Insufficient Evidence**: Contended that the State did not provide adequate evidence to prove a violation of probation terms. 4. **Due Process Concerns**: Suggested that he was not given adequate notice of the allegations against him and that hearsay evidence was improperly considered. 5. **Premature Acceleration**: Argued that the court should have considered intermediate sanctions instead of incarceration. **Court Opinion:** - The court affirmed the acceleration of Willess' deferred sentence, stating that the issues raised about ineffective counsel and jurisdiction were not valid in an acceleration appeal context. Proper processes for addressing these claims require filing a writ of certiorari. - On the sufficiency of evidence claim, the court found that the State had met its burden of proving violations by a preponderance of evidence, and the hearsay evidence presented had sufficient reliability. - Regarding due process, the court held that Willess had been duly notified of the allegations against him, and his hearsay concerns were addressed previously. - Finally, the court reiterated that even a single violation of probation conditions could warrant acceleration of the sentence, which was upheld in this case. The court's decision highlighted that procedural safeguards were followed and determined there was no abuse of discretion by the district court in accelerating Willess' sentence. In conclusion, the Oklahoma Court of Criminal Appeals ruled in favor of the State, affirming Willess' five-year sentence for the violations of probation.

Continue ReadingF-2018-973

RE-2018-868

  • Post author:
  • Post category:RE

**FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **IN THE COURT OF CRIMINAL APPEALS / OF THE STATE OF OKLAHOMA** **SEP 12 2019** **JOHN D. HADDEN** **CLERK** --- **MISTY DAWN BARRETT,** **Appellant,** **V.** **No. RE-2018-868** **THE STATE OF OKLAHOMA,** **Appellee.** --- **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Misty Dawn Barrett appeals from the revocation of her suspended sentences in Muskogee County District Court Case Nos. CF-2016-439, CF-2017-126, CF-2017-127, and CF-2017-129. Appellant faced multiple charges across these cases, including Possession of a Controlled Dangerous Substance, Larceny of an Automobile, and Identity Theft, among others. After entering pleas and being convicted, she received several sentences which were subsequently suspended to be served concurrently. The State filed an Application to Revoke Suspended Sentence in all four cases, leading to a partial revocation of five years of her suspended sentences on October 25, 2017. A second Application to Revoke was filed on July 25, 2018, for new alleged crimes, leading to a revocation hearing where the trial court, presided over by Judge Mike Norman, revoked her remaining suspended sentences in full. In her appeal, Appellant argues that the full revocation was excessive, asserting that her past actions should have been anticipated due to her struggles with drug addiction, and claiming that incarceration is not an effective remedy for her situation. The decision to revoke a suspended sentence falls within the sound discretion of the trial court. A revocation will not be disturbed absent a clear abuse of that discretion (Jones v. State, 1988 OK CR 20, ¶ 8, 749 P.2d 563, 565). The State established sufficient grounds for revocation through competent evidence presented during the hearing. Appellant had previously benefited from leniency when only part of her suspended sentence was revoked. After reoffending post-incarceration, Appellant demonstrated that a suspended sentence is a privilege rather than a right (Hagar v. State, 1999 OK CR 35, ¶ 8, 990 P.2d 894, 897). **DECISION** The full revocation of Appellant's suspended sentences in Muskogee County District Court Case Nos. CF-2016-439, CF-2017-126, CF-2017-127, and CF-2017-129 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 to be issued upon the filing of this decision. --- **AN APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY, THE HONORABLE MIKE NORMAN, DISTRICT JUDGE** **APPEARANCES AT REVOCATION** **DANIEL MEDLOCK** 620 W. BROADWAY MUSKOGEE, OK 74401 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL** **NICOLLETTE BRANDT** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **TIMOTHY KING** ASST. DISTRICT ATTORNEY 220 STATE ST. MUSKOGEE, OK 74401 **COUNSEL FOR STATE** **MIKE HUNTER** OKLA. ATTORNEY GENERAL **CAROLINE HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** --- **OPINION BY:** KUEHN, V.P.J. **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR RA/F --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-868_1734360560.pdf)

Continue ReadingRE-2018-868

RE-2018-657

  • Post author:
  • 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)**

Continue ReadingRE-2018-657

RE-2018-611

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHAZEL STEEL,** Appellant, v. **STATE OF OKLAHOMA,** Appellee. **No. RE-2018-611** **FILED IN COURT OF CRIMINAL APPEALS, STATE OF OKLAHOMA AUG 15 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** On June 6, 2015, Appellant, Shazel Steel, pled guilty in three separate cases in Tulsa County. The details of these cases are summarized as follows: 1. **Case CF-2015-1948**: Appellant was convicted of Robbery in the First Degree and sentenced to twenty years imprisonment and fined $500.00. 2. **Case CF-2015-2091**: Appellant was convicted on Count 1 of Robbery with a Firearm and Count 2 of Burglary in the First Degree, receiving a twenty-year sentence and a fine of $100.00 for each count. (Count 3 was dismissed). 3. **Case CF-2015-2152**: For Count 1 (Robbery with a Firearm) and Count 2 (Kidnapping), Appellant received a twenty-year sentence each, while Count 3 (Assault with a Dangerous Weapon) led to a ten-year sentence and a fine of $100.00. (Count 4 was dismissed). All sentences were set to run concurrently, with a two-year judicial review period established. During the Judicial Review proceeding on June 5, 2017, Appellant's sentences were modified to be suspended in full. However, the State subsequently filed applications to revoke these suspended sentences based on allegations of violations related to ongoing criminal activity and non-compliance with probation conditions. The revocation hearing revealed that Appellant was in possession of a firearm while driving without a license, which was a violation of probation Rule #7 that prohibited being in a vehicle where firearms are located. Multiple other violations related to probation were also noted, leading to the revocation of Appellant's suspended sentences in full by the Honorable James M. Caputo. On appeal, Appellant challenges the revocation on the following grounds: 1. The evidence was insufficient to establish that he knowingly and willfully possessed a firearm. 2. The District Court abused its discretion in revoking the entire sentence. The Court addressed these propositions: **I.** The standard for revocation is whether the trial court abused its discretion. Given the evidence from Officer Terwilliger indicating that a loaded firearm was found in a car Appellant was operating, the Court deemed that the evidence sufficiently supported the revocation of the suspended sentences. **II.** As for the claim of abuse of discretion, the trial court’s decision to revoke the full suspended sentence was found to be reasonable given the multiple violations of probation. Thus, the Court affirmed the order granting the State's applications for revocation of the suspended sentences in all three Tulsa County District Court Cases. **DECISION:** The order revoking Appellant's suspended sentences is **AFFIRMED**. **APPEARANCES:** - **At Trial**: Kayla Cannon, Assistant Public Defender for Appellant; Sean Waters, Assistant District Attorney for the State. - **On Appeal**: Nicole Herron, Counsel for Appellant; Mike Hunter and Tessa L. Henry, Counsel for the State. **OPINION BY:** **LUMPKIN, J.:** **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-611_1734429007.pdf)**

Continue ReadingRE-2018-611

RE-2018-858

  • Post author:
  • Post category:RE

**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*

Continue ReadingRE-2018-858

J-2019-162

  • Post author:
  • Post category:J

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **B.M.M., Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. J-2019-162** **FILED JUN 20 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **HUDSON, JUDGE:** On August 12, 2016, a Youthful Offender Information was filed in Tulsa County District Court Case No. YO-2016-28, charging Appellant with multiple offenses including Robbery with a Firearm and Possession of a Stolen Vehicle. Appellant entered negotiated guilty pleas on November 28, 2016, receiving a ten-year sentence as a Youthful Offender, with sentences running concurrently. Following completion of the Youthful Offender Program, Appellant was paroled in February 2019. During a March 2019 hearing, mandated by 10A O.S.Supp.2018, § 2-5-209, Judge Priddy transitioned Appellant to a seven-year deferred sentence under the Department of Corrections, a decision Appellant now appeals. This matter was decided on the Accelerated Docket with oral arguments heard on May 30, 2019. The district court’s bridging of Appellant to the supervision of the Department of Corrections is **AFFIRMED**. **Propositions of Error:** **1. No State Motion to Bridge:** Appellant contends the district court erred by bridging him to an adult sentence without a state motion. The court correctly followed 10A O.S.Supp.2018, § 2-5-209, allowing placement on probation without a state motion. Appellant did not demonstrate an abuse of discretion based on performance in the program. **2. Knowingly Entered Pleas:** Appellant asserts his guilty pleas were not entered knowingly but does not seek to withdraw them. As such, this claim seeks advisory relief, which the Court denies. **3. Abuse of Discretion on Bridging Decision:** Appellant reasserts that the decision to bridge him was an abuse of discretion. Following the statutory guidelines, the Court finds no abuse of discretion has occurred. **Conclusion:** The Judgment and Sentence is **AFFIRMED**. MANDATE will issue upon filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY** **THE HONORABLE TRACY PRIDDY, DISTRICT JUDGE** **APPEARANCES AT TRIAL:** **COUNSEL FOR DEFENDANT:** Kayla Cannon, Assistant Public Defender **COUNSEL FOR STATE:** Kevin Keller, Assistant District Attorney **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR IN RESULTS **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [Download PDF for full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-162_1734446225.pdf)

Continue ReadingJ-2019-162

F-2018-541

  • Post author:
  • Post category:F

In OCCA case No. F-2018-541, Daniel Jeremiah McKay appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to affirm his conviction and the seven-year prison sentence. One judge dissented. McKay was originally charged with two things: sexual abuse of a child under 12 and failing to register as a sex offender. He was found not guilty of the first charge but convicted of the second. The jury gave him a sentence of seven years in prison, which the judge approved. He argued that his sentence was too long, claiming it should have been the minimum of four years because the jury was influenced by information related to the charge he was acquitted of. The court explained that they would not change the sentence unless it was extremely unfair. The law allowed for a sentence from four years to life for failing to register. The court also discussed that evidence from his past, including previous convictions and how he had dealt with sentences before, could be looked at by the jury when deciding the punishment. The judges stated that since McKay's sentence was only three years more than the legal minimum and much less than the maximum, it did not seem unreasonable. McKay's arguments about the sentences and the evidence were not enough to convince the court to change its decision. Therefore, they kept the original conviction and sentence.

Continue ReadingF-2018-541

RE 2018-0118

  • Post author:
  • Post category:RE

In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for violating the terms of his suspended sentence. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence. One judge dissented. Samuel Keith Carolina had originally been sentenced to twenty years for burglary, but the last ten years were suspended while he followed certain rules. However, in December 2017, the state accused him of committing several new crimes, including assault and battery with a deadly weapon and shooting with intent to kill. Some of these claims were removed before the revocation hearing. At the hearing held on January 30, 2018, the judge found enough evidence to support the state's claims, specifically the first allegation. Carolina argued that the evidence was not strong enough to prove he broke the terms of his sentence. The court explained that to revoke a suspended sentence, the evidence just needs to show that it's more likely true than not, meaning the evidence has to be convincing. Ultimately, because they found that there was enough evidence to support at least one of the violations, the court decided to uphold the revocation of Carolina's suspended sentence.

Continue ReadingRE 2018-0118

RE-2018-232

  • Post author:
  • Post category:RE

**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-232** **Summary Opinion** **Appellant:** Courtney Quillen **Appellee:** The State of Oklahoma **Decided on:** May 30, 2019 **Judge:** Kuehn, Vice Presiding Judge **Background:** Courtney Quillen appealed the revocation of her concurrent seven-year suspended sentences issued by Judge Gregory D. Pollard. She had been convicted in two cases for several counts of Uttering a Forged Instrument. **Key Dates:** - **August 25, 2016:** Quillen entered nolo contendere pleas in two cases. - **March 3, 2017:** The State filed a motion to revoke her suspended sentences for failing to pay fees. - **February 26, 2018:** A revocation hearing was held, leading to the decision to revoke her sentences. **Charges and Allegations:** The State alleged that Quillen committed additional crimes (robbery and conspiracy) while on probation, which constituted violations of her probation terms. **Decision:** The court concluded that: - The alleged procedural errors regarding the twenty-day rule did not affect the court's ability to revoke the sentences from Case No. CF-2015-817 since it had jurisdiction over that case. - The evidence presented established that Quillen had participated in a robbery, thus justifying the revocation of her suspended sentences. **Propositions of Error:** 1. **Jurisdiction challenge** - Denied; revocation in Case No. CF-2015-817 upheld. 2. **Validity of waiver regarding twenty-day rule** - Moot. 3. **Insufficient evidence for robbery** - Denied; evidence supported the involvement in robbery and conspiracy. 4. **Insufficient evidence for conspiracy** - Denied; Quillen was shown to have conspired with co-defendants. 5. **Ineffective assistance of counsel** - Moot due to affirming the revocation based on other factors. 6. **Abuse of discretion in revocation** - Denied; trial court acted within its discretion. **Final Order:** The Court affirmed the decision of the District Court of Pontotoc County to revoke Quillen’s concurrent suspended sentences. **Mandate Issued.** [Full opinion and details available here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-232_1734699237.pdf).

Continue ReadingRE-2018-232

F-2018-167

  • Post author:
  • Post category:F

In OCCA case No. F-2018-167, Roland G. Torgerson, Jr. appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the acceleration of his deferred judgment and sentencing. One member of the court dissented. The case began when Torgerson entered a plea of nolo contendere (no contest) in 2015 for concealing stolen property. His sentencing was delayed for three years, during which time he was required to make payments for restitution and district attorney fees. However, he failed to make these payments, leading the State to request that his deferred judgment be accelerated. Torgerson admitted he had not made the payments and asked for more time to do so several times. His illness and difficulty finding work made it hard for him to pay. At the hearing, he stated that he was trying to get Social Security to help his financial situation. Despite his claims, the judge decided he had not done enough to show he was unable to make the payments, and therefore, he was sentenced to a five-year suspended sentence. Torgerson raised two main arguments in his appeal. First, he claimed the court was wrong to accelerate his sentence based on his failure to pay, stating that doing so violated his constitutional rights. Second, he argued that the five-year suspended sentence was too harsh. However, the court found that Torgerson had not proven he could not pay and ruled that the judge exercised proper discretion in his decision. Ultimately, the court affirmed the decision to accelerate Torgerson's sentencing, while one judge dissented and expressed concern that the failure to pay was more about his financial situation than a willful disregard of the court's orders.

Continue ReadingF-2018-167

RE-2017-801

  • Post author:
  • Post category:RE

**Court of Criminal Appeals of the State of Oklahoma** **Case Summary** **Appellant:** Donald Antwan Mayberry **Appellee:** State of Oklahoma **Case No:** RE-2017-801 **Judges:** John D. Hudson (Chief Judge), Lewis, Kuehn (Vice Chief Judge), Lumpkin, Rowland (Judges) **Date Filed:** April 18, 2019 **Overview:** Donald Antwan Mayberry appealed the full revocation of his ten-year suspended sentences imposed by the District Court of Oklahoma County, presided over by Judge Timothy R. Henderson. Mayberry had previously pleaded guilty to two counts of Assault and Battery with a Dangerous Weapon, which resulted in concurrent ten-year suspended sentences under probation. **Revocation Proceedings:** The State filed an application to revoke Mayberry's suspended sentences, alleging several violations, including: 1. Committing new crimes (including Manufacturing or Possessing an Explosive Device). 2. Using methamphetamine while on probation. 3. Failing to pay probation fees. 4. Driving while his license was suspended. At the revocation hearing, the State presented evidence from law enforcement officers and Mayberry’s probation officer. Notable testimony included: - Sergeant Anthony Lee described a traffic stop of Mayberry's vehicle, where he discovered drugs and an ammo box containing bomb components. - Scott Dawson, a bomb technician, testified about the nature of the device found, indicating it could function as an improvised explosive device (IED). - Probation officer Brooke LeFlore reported Mayberry’s positive drug test for methamphetamine. Mayberry did not present any evidence in his defense. Judge Henderson concluded that Mayberry violated probation terms by committing the new crimes and using drugs, leading to the full revocation of his suspended sentences. **Propositions of Error:** 1. **Insufficient Evidence for Manufacturing an Explosive Device:** - Mayberry argued that the State failed to establish his intent to use the bomb or to send it to another person, as required by statute. - The court held that the evidence presented was sufficient to infer intent to intimidate or unlawfully damage property, and that one proven violation of probation was enough to justify revocation. 2. **Abuse of Discretion in Revocation Decision:** - Mayberry contended that the trial court abused its discretion by revoking his sentence in full, arguing that the punishment was excessive. - The court maintained that the presence of bomb-making materials and other violations substantiated the revocation decision. **Conclusion:** The Court affirmed the trial court's decision to revoke Mayberry's ten-year concurrent suspended sentences in full, finding that the evidence was adequate to support the conclusions of the trial judge. **Final Order:** Appellant's revocation of suspended sentences is **AFFIRMED**. The mandate is ordered to be issued. **Counsel for Appellant:** Pierce Winters, Marva A. Banks (Oklahoma County Public Defender’s Office) **Counsel for Appellee:** Kelly Collins, Mike Hunter (assistant district attorneys); Theodore M. Peeper (assistant attorney general) **Opinion Issued By:** Judge Hudson **Concurrences:** Judges Lewis, Kuehn, Lumpkin, and Rowland each concurred with the decision. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-801_1734709994.pdf)

Continue ReadingRE-2017-801

RE-2017-484

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JERMAINE THRASH,** Appellant, **VS** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2017-484** **Filed April 4, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Jermaine Thrash, appeals from the revocation of his ten-year suspended sentence in Case No. CF-2005-4341 in the District Court of Oklahoma County, by the Honorable Michelle D. McElwee, District Judge. On October 11, 2005, Appellant entered a plea of guilty to Count 1 - Rape in the First Degree; and Count 2 - Forcible Oral Sodomy. He was sentenced to fifteen years for each count with the first five years to be served and the remaining ten years suspended, with the sentences running concurrently. On September 29, 2015, the State filed an application to revoke Appellant's suspended sentence, alleging multiple violations of probation: testing positive for illegal drugs, failure to pay supervision fees, failure to participate in a sex offender treatment program, and possession of pornographic material. Appellant waived the twenty-day hearing requirement, and the hearings were subsequently continued several times to allow him to comply with probation requirements. The revocation hearing took place on May 1, 2017, before Judge McElwee. The State's witness, Megan Hicks, Appellant's probation officer, testified about Appellant's consistent failures to complete his probation requirements. She noted his non-participation in court-ordered sex offender treatment and multiple positive drug tests, including methamphetamines and cocaine, spanning over several months between 2015 and 2017. Notably, Appellant admitted to using drugs even shortly before the hearing. Appellant offered mitigation, arguing that he used drugs to cope with his circumstances as a convicted felon and sex offender. However, the court found that his continued drug use and failure to adhere to his probation terms constituted substantial violations. On appeal, Appellant asserts that his violations were merely technical and therefore do not justify the full revocation of his sentence. However, the ruling emphasizes that continued drug use while on probation is not merely a technical violation. The court noted that Appellant had numerous opportunities to comply with the probation requirements, and the trial judge's discretion in revoking the suspended sentence was upheld. **DECISION:** The order of the District Court of Oklahoma County revoking Appellant's ten-year suspended sentence in Case No. CF-2005-4341 is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES:** **FOR APPELLANT:** Kenda H. McIntosh Andrea Digilio Miller Oklahoma County Public Defender **FOR THE STATE:** Merydith Easter Mike Hunter Oklahoma County District Attorney Jennifer Miller Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. **CONCUR:** LEWIS, P.J., LUMPKIN, J., HUDSON, J., ROWLAND, J. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-484_1734711166.pdf)

Continue ReadingRE-2017-484

F-2017-559

  • Post author:
  • Post category:F

In OCCA case No. F-2017-559, Jonas Jorge Conroy-Perez appealed his conviction for Harboring a Fugitive From Justice. In a published decision, the court decided to reverse the acceleration of his deferred judgment and sentencing. One judge dissented. The case started when Conroy-Perez entered a guilty plea in 2015, which allowed him to avoid immediate penalties but required him to follow certain rules for two years. One of these rules involved paying fees. Later, the state claimed he violated these rules by not only missing payments but also due to new felony charges. In 2017, after a hearing, the judge decided that Conroy-Perez had violated his probation and increased his sentence to a 10-year term, with time suspended except for the first 90 days in jail. Conroy-Perez argued that he couldn’t pay the fees because he was unable to work after a vehicle accident and was receiving worker's compensation. The court looked into his arguments. On one hand, the court agreed that while the state proved he owed money, they should also have checked whether he was willfully not paying. The state did not show he could afford to pay the fees, thus the court ruled it was not right to increase his sentence based solely on that. Therefore, they sent the case back for further examination. On other points of appeal, the court found that there was no evidence his legal representation was inadequate and did not rule on the length of the new sentence since they had already reversed it. The dissenting judge noted concern about the implications of the ruling, emphasizing the importance of understanding a person’s ability to pay before increasing sentences for not paying fees.

Continue ReadingF-2017-559

M-2017-954

  • Post author:
  • Post category:M

In OCCA case No. M-2017-954, Christian Wages appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to modify his conviction to simple Assault and Battery and remanded the case for resentencing. One judge dissented. Christian Wages was found guilty of Domestic Abuse in a trial without a jury. The judge sentenced him to one year in jail, with all but the first thirty days suspended, and a fine of $500. He was also required to attend counseling and was placed on probation. Wages appealed the decision, claiming three main errors in the trial. First, he believed the court wrongly allowed hearsay evidence that violated his right to confront witnesses. This hearsay was about R.S., the alleged victim, who did not testify at the trial. Second, he argued that the evidence wasn't enough to prove he battered R.S. because the witnesses did not clearly identify her. Lastly, he claimed that the errors in the trial added up to deny him a fair trial. The court reviewed the evidence and mentioned that while there was enough proof for a simple Assault and Battery charge, the evidence for the Domestic Abuse charge was based on inadmissible hearsay that stated R.S. lived with Wages. Since there wasn’t sufficient admissible evidence to prove the domestic relationship, Wages' conviction was modified to simple Assault and Battery. As for the last argument regarding cumulative errors, the court pointed out that it only found one significant error, meaning cumulative error could not be applied. In conclusion, the punishment was lessened from Domestic Abuse to simple Assault and Battery, and the court instructed to resentence Wages according to this new finding.

Continue ReadingM-2017-954

C-2017-1044

  • Post author:
  • Post category:C

The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

Continue ReadingC-2017-1044

C-2018-687

  • Post author:
  • Post category:C

In OCCA case No. C-2018-687, the petitioner appealed his conviction for concealing stolen property and drug-related crimes. In a published decision, the court decided to deny the petition but remanded for further proceedings. One judge dissented. In OCCA case No. C-2018-688, the petitioner also raised issues about his sentences and fines. He argued that the fines were too high, and he expressed concerns about the costs of his incarceration. The court found some merit in his claims, particularly regarding the fines exceeding legal limits and the lack of consideration for his mental health concerning incarceration costs. However, the court did not find that the total sentences were excessively long. The petitioner had previously pleaded guilty to charges and was placed in a program for young adults but later faced new misdemeanor charges, leading to the state seeking to accelerate his sentencing. Ultimately, while the court upheld the denial of his request to withdraw his pleas, it recognized problems regarding the assessment of fines and costs, which warranted a remand for further investigation. Thus, the case will go back to the lower court for resolution of these issues.

Continue ReadingC-2018-687

C-2018-688

  • Post author:
  • Post category:C

In OCCA case No. C-2018-688, the petitioner appealed his conviction for concealing stolen property, endeavoring to distribute marijuana, and possession of a sawed-off shotgun. In a published decision, the court decided to deny the petition for certiorari but remanded for further proceedings. One judge dissented. On January 6, 2015, the petitioner entered guilty pleas for the above crimes and was put in a program meant to help young adults. After showing good behavior, the court decided in August 2015 to delay his sentencing for ten years, allowing him to be on probation with some financial responsibilities. However, in March 2018, the state said the petitioner had broken his probation by committing new crimes, so they asked to speed up the sentencing. In May 2018, the court accepted the petitioner's guilty pleas for the new crimes, which included possession of a controlled substance and public intoxication, and imposed additional sentences. Altogether, he was sentenced to twelve years in prison. The petitioner then tried to take back his guilty pleas, but the court denied this request. He appealed this decision, bringing up several arguments. He felt the financial penalties were unfair and too high, that he did not receive good legal help, and that the total twelve-year sentence was excessive given his previous achievements in the diversion program. The court looked at these claims carefully but decided that while some of the fines were too high, particularly calling for a correction of the $1,000 fee in his case involving concealing stolen property, they would not change the length of the total prison time. They said the sentences were within the law and not shockingly excessive, affirming the lower court's decisions in many respects. The court concluded that they would not change the ruling on the guilty pleas but would send the case back for hearings on the issues related to the fines and costs.

Continue ReadingC-2018-688