RE-2017-149
In OCCA case No. RE-2017-149, the appellant appealed his conviction for Escape from Arrest, Knowingly Concealing Stolen Property, and Domestic Assault and Battery Against a Pregnant Woman. In an unpublished decision, the court decided to affirm the order revoking the appellant's suspended sentences but required the lower court to remove the post-imprisonment supervision from its orders. One judge dissented. The case began when the appellant, after entering guilty pleas to several charges, was sentenced to ten years of imprisonment, which was suspended under certain conditions including probation. However, he failed to follow the rules of his probation, leading to a motion by the State to revoke his suspended sentences. The hearing revealed that the appellant initially reported to his probation officer but stopped when he learned about potential violation reports. At the hearing, the appellant indicated he wanted help for his struggles with drugs and alcohol and had a job and place to live, which he thought should allow him another chance at probation. However, the judge found that the appellant had a history of not following rules in the past and thus decided to revoke his suspension entirely. The court determined that the judge had a valid reason based on the evidence to revoke the probation. However, the judge made an error by adding a provision for post-imprisonment supervision that was not part of the original sentence. The court ordered that this part be removed from the revocation orders but kept the decision to revoke the suspended sentences.