Probation Fees

RE-2018-611

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**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)**

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RE-2017-801

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**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)

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F-2017-559

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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.

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RE 2016-0784

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In OCCA case No. RE 2016-0784, James Wilbur Allen appealed his conviction for the revocation of his suspended sentences related to six counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented.

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RE 2013-0511

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In OCCA case No. RE 2013-0511, Carrie Denise Stumpff appealed her conviction for revocation of her suspended sentence. In a published decision, the court decided that the trial court failed to ensure that Stumpff knowingly waived her right to an attorney, which required them to reverse the decision and send the case back to the District Court for further actions. One member of the court dissented.

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RE-2010-762

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In OCCA case No. RE-2010-762, Mason appealed his conviction for possession of marijuana with intent to distribute. In a published decision, the court decided to affirm the revocation of Mason's suspended sentence but ordered a correction regarding the time served. One judge dissented. Mason had previously entered a guilty plea for a drug-related charge and received a suspended sentence, which meant he didn’t have to go to prison immediately but had to follow certain rules. Over time, he violated those rules several times. The state government, which is responsible for enforcing the law, filed multiple applications to revoke his suspended sentence due to his failures to comply with the terms of probation. He confessed to some of the allegations against him, such as not completing community service and not paying fees. After multiple chances and extensions given by the court to fix his issues, Mason still did not follow the rules. For example, he used drugs again and didn’t seek help as he was supposed to. At a hearing, the court found that Mason did not meet the terms of his probation and decided to revoke his suspended sentence completely. Mason argued that the court shouldn’t have been able to take away the whole suspended sentence because he had already served some time. The court agreed that Mason needed to be credited for time served but found it was appropriate to revoke the rest of the suspended sentence given that he didn’t comply when given chances. The final decision was to affirm the judgment that Mason had violated probation, but with instructions to the lower court to ensure they correctly noted how much time was left on his sentence. In conclusion, while Mason's appeal did not succeed in changing the outcome of the revocation, he was recognized for the days he had already spent in custody.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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RE-2006-1322

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In OCCA case No. RE-2006-1322, a person appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to reverse the District Court's revocation of his suspended sentence and instructed the District Court to vacate the sentence imposed. One judge dissented. The case began when the person entered a guilty plea in 2001 for First Degree Rape. He was originally sentenced to seven years in prison, with three years served and the rest suspended, meaning he would be on probation under certain conditions. In 2006, the state filed a motion to revoke his suspended sentence because he did not register as a sex offender, did not pay his probation fees, and did not pay fines. After a hearing, the court revoked his suspended sentence entirely. The person argued that his sentence was illegal because he was treated as a youthful offender, which is for younger people who commit crimes. He maintained that he should not have been sent to an adult prison. The court found that he had been correctly charged as a youthful offender and that the state did not follow proper procedures to change his status. The court also ruled that the lower court committed an error by sentencing him as an adult instead of as a youthful offender, which was against the law. Since he was now older, they could not send him back for new sentencing as a youthful offender, and the original sentence needed to be canceled. In summary, the appellate court acted to correct the mistakes made in the original sentencing, showing that legal procedures must be followed when sentencing individuals, especially those classified as youthful offenders.

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RE-2006-262

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In OCCA case No. RE-2006-262, Gessel appealed his conviction for the revocation of his suspended sentences. In an unpublished decision, the court decided that Gessel’s revocation was not valid due to a lack of adequate notice about the reasons for his revocation. One judge dissented.

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F-2001-649

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In OCCA case No. RE-2001-649 and RE-2001-650, the appellant appealed his conviction for violating probation conditions. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence; however, it instructed the lower court to make a correction regarding the time remaining on one of the sentences. One judge dissented. The case started back in 1996 when the appellant took a plea deal for a charge related to pointing a firearm and was given a ten-year sentence that was suspended while he was on probation. However, by 1996, five years of this probation was revoked due to several violations. In 2000, the state accused the appellant of more violations, including failing to report to his probation officer, moving without notice, and using marijuana. The court initially delayed proceedings, offering a chance for the appellant to meet specific conditions like paying fees and performing community service, which if completed, would see the revocation dismissed. Later in June 2000, the appellant pleaded guilty to another charge related to neglecting to provide for a child, receiving another suspended sentence. Following this, the state claimed he violated his probation again by committing new offenses. In February 2001, further violations were noted which included again not paying fees or attending required programs. A hearing took place where the court ultimately decided to revoke all of the appellant's suspended sentences. The appellant argued that the court was wrong to revoke his entire sentence given the circumstances, but the court found sufficient evidence that he violated probation rules. The appeal confirmed that the appellant had multiple opportunities to meet the probation requirements but did not follow through. While the court affirmed the revocation, it recognized that the appellant’s remaining time on one of the sentences was less than what the trial court indicated and ordered a correction about it.

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RE 2001-0540

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In OCCA case No. RE 2001-0540, Eddie Craig Monarch appealed his conviction for a suspended sentence violation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacated the additional imposition of community service. One judge dissented. In this case, Monarch had initially pled guilty to Driving While Under the Influence and Driving Under Suspension. He received a five-year suspended sentence for the first charge and a short jail time for the second, along with some fines and requirements like community service and using an interlock device on his vehicle. Later, Monarch did not meet the conditions he agreed to, such as paying probation fees and using the interlock device, which led the State to ask for a revocation of his suspended sentence. After a hearing, the judge found that he had indeed violated these terms and revoked two years of his suspended sentence. Monarch appealed this decision, stating that the evidence against him wasn't strong enough and that he didn't have the means to pay the fees or participate in the programs. The court noted that only a preponderance of evidence was needed to prove a violation and found that there was enough evidence to support the judge's decision to revoke his sentence. However, the court agreed with Monarch that the judge did not have the authority to impose extra community service hours since it was not part of the original punishment. So, they confirmed the revocation of his suspended sentence but removed the extra community service requirement.

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