F-2018-375
In OCCA case No. F-2018-375, Jones appealed his conviction for multiple offenses including possession of controlled substances and public intoxication. In a published decision, the court decided to affirm the termination of Jones from Drug Court and his sentencing, while also remanding a separate charge for correction regarding sentencing length for public intoxication. One judge dissented. Jones had multiple guilty pleas and was given the chance to participate in a Drug Court program with the understanding that if he successfully completed it, his charges would be dropped. However, if he failed, he would face prison time. Although he had some chances and was sanctioned when he did not adhere to the program, he repeatedly tested positive for drugs, which caused the state to move for his termination from the program. During the hearings, witnesses from the state presented evidence that showed Jones had a new arrest for driving under the influence of alcohol and had failed multiple drug tests. Jones's defense argued that he had made progress and changed for the better, but the judge decided to terminate him from the Drug Court program based on the evidence of his continued drug use and new charges. The court found that his actions justified the termination. Additionally, the court recognized an error in Jones's sentencing for public intoxication because it exceeded the maximum allowed by law. The court ordered that part of the case be sent back to correct the sentence. The final decision was to uphold the termination from Drug Court but allow a correction on the public intoxication charge's sentencing in a separate order.