Probation Violations

RE-2004-584

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In OCCA case No. RE-2004-584, Sarah Mae Jones appealed her conviction for possession of a controlled dangerous substance (cocaine). In a published decision, the court decided to affirm the revocation of her suspended sentence but modified it to reflect two years and ten months instead of the full sentence. One dissenting opinion was noted. Sarah Mae Jones had initially entered a guilty plea on October 18, 2001, for possession of cocaine and was sentenced to three years in prison, which was suspended. This meant she wouldn't have to serve time in jail if she followed certain rules. However, after violating her probation, she had parts of her suspended sentence revoked on two different occasions. The first revocation happened because she did not meet some requirements like reporting in person, maintaining a job, and avoiding illegal drugs. This led to a 60-day revocation. The second time, in March 2004, the state argued that she had again broken the rules of her probation. The court held another hearing where the judge decided to revoke her entire suspended sentence. On appeal, Jones claimed there wasn't enough evidence to support the complete revocation of her sentence. However, the court found that her own admissions during the hearing showed she had indeed violated her probation terms, which justified the judge’s decision. They explained that proving a violation only needs to show that it was likely she broke the rules, not to have a witness directly see it happen. In her second argument, Jones said the decision to revoke her entire suspended sentence without giving her credit for time already served was too harsh. The state agreed with her on this point, and upon reviewing her case, the court modified the revocation to two years and ten months, accounting for the time she had already spent under the suspended sentence. In conclusion, the court upheld the decision to revoke her suspended sentence but adjusted the length of that sentence to better reflect the circumstances.

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RE-2003-660

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In OCCA case No. RE-2003-660, Fox appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided that the revocation order should be reversed and remanded for further proceedings. One judge dissented. Fox was found guilty of Concealing Stolen Property and received a suspended sentence, which meant he wouldn't serve jail time right away but had to follow certain rules. He had to pay money as part of his sentence and stay employed. Over time, Fox struggled to meet these requirements due to health issues and other challenges, and the State said he violated the rules of his probation. Upon review, the Court looked at whether Fox’s actions were willful. This means they examined if he meant to break the rules or if there were reasons he couldn’t comply. Fox's attorney had agreed with the State's claims but there was confusion about whether Fox could argue that he had a good reason for not following the rules. In the end, the Court found that Fox had the right to argue that he did not willfully break the rules of probation. The previous order revoking his sentence was reversed, and more discussions were needed to figure out his situation properly.

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RE-2003-455

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In OCCA case No. RE-2003-455, Janis Gale McAbee appealed her conviction for the unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In a published decision, the court decided to affirm the revocation of her suspended sentence. One judge dissented. McAbee had originally pled guilty to the charges and received a five-year suspended sentence, which meant she would not have to serve time in prison if she followed the rules of her probation. However, the state claimed that she broke those rules by committing new crimes. A petition was filed to revoke her suspended sentence, and during the hearing, the judge decided that the evidence collected by the police could still be used in the revocation hearing even if it may have been obtained inappropriately. The judge believed that the police did not act so wrongly that it would be shocking or unfair. After hearing the evidence, the judge found that McAbee had violated her probation. Even though she argued that the evidence was not enough to support the revocation, the court disagreed and said that what was found was enough to prove she broke the rules. In the end, the court decided to keep McAbee's sentence as it was but ordered a correction to the records to show that one of her sentences should actually have been one year instead of five years. The court affirmed the lower court's decision while making this correction.

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RE 2003-0857

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In OCCA case No. RE 2003-0857, #Montgomery appealed his conviction for #Burglary, Second Degree. In an unpublished decision, the court decided #to affirm the revocation of his suspended sentence, but modified the length of the revocation to three years. #One judge dissented. Montgomery had initially pled guilty to burglary and was given a chance to stay out of prison under certain rules for four years. However, he broke the rules multiple times. The state asked the court to impose his sentence because he did not keep a job, did not pay the money he owed, and committed new crimes like driving without a license. The judge revoked a large portion of his sentence for these reasons. On appeal, Montgomery argued that the judge had no right to take away three and a half years of his sentence and that the punishment was too harsh. The court found that while the judge made a mistake in calculating the time, the decision to revoke the sentence was not seen as overly harsh, so they changed the revocation from three and a half years to three years instead.

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RE-2002-1077

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In OCCA case No. RE-2002-1077, Tracy Allen Mitchon appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to reverse the revocation and send the case back to the District Court to correct the written order regarding the time Mitchon had already served. One judge dissented.

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RE-2000-841

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In OCCA case No. RE-2000-841, the appellant appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided that the appellant's revoked sentences should run concurrently instead of consecutively. One judge dissented.

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