Relief

RE-2021-1290

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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.

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C-2019-263

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In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

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F-2019-68

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In OCCA case No. F-2019-68, Johnny Edward Mize, II appealed his conviction for First Degree Manslaughter (Heat of Passion). In a published decision, the court decided that the District Court did not have jurisdiction to prosecute Mize. Mize had claimed that the State of Oklahoma did not have the authority to prosecute him because the victim was part of a federally recognized tribe and the crime occurred within a reservation. The court supported this claim after an evidentiary hearing, confirming that the victim had Indian status and that the crime happened in the boundaries of the Muscogee Creek Reservation. As a result, the original judgment and sentence were vacated, and the matter was sent back to the district court with instructions to dismiss the case. The decision relied on previous case law stating that Oklahoma does not have jurisdiction over crimes involving Indian victims that take place on tribal land.

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F-2019-420

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In OCCA case No. F-2019-420, Donta Keith Davis appealed his conviction for robbery with a dangerous weapon and assault with a dangerous weapon. In a published decision, the court decided to vacate Davis's judgment and sentence, meaning he would no longer be convicted of the crimes he was charged with. The court also instructed for the case to be dismissed. One judge dissented from the majority opinion.

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J-2019-162

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**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)

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PR 2018-1203

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OPINION ORDER GRANTING APPLICATION FOR EXTRAORDINARY RELIEF AND REMANDING MATTER TO DISTRICT COURT On November 29, 2018, Petitioner, by and through counsel Melissa A. French, filed an application for an…

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C-2018-441

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In OCCA case No. C-2018-441, Clinton Lee Myers appealed his conviction for trafficking in illegal drugs and possession of a controlled substance with intent to distribute near a school. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Clinton Lee Myers entered a plea of guilty to two serious charges. He was sentenced to a long time in prison and had to pay a large fine. After he was sentenced, he wanted to withdraw his guilty plea, but the court said no after listening to evidence in a hearing. Myers complained that his punishment was too harsh and that the prosecutor shouldn't have talked about his past crimes during the sentencing. He felt this information was unfair and should not have been used against him. However, the court explained that this type of information can be considered at sentencing. They also decided that his sentence was within legal limits and did not shock their conscience, so they would not change it. Additionally, Myers believed that there was a mistake in the written records of his sentence regarding the amount of the fine. The court found that there was, in fact, a clerical error in the documents about the fine amount. They agreed that the error should be corrected to match what the judge said during the sentencing. In conclusion, the court denied Myers' request to change his sentence, but they agreed to correct the written record to reflect the right fine amount.

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RE-2013-848

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In OCCA case No. RE-2013-848, a person appealed his conviction for attempting to make methamphetamine. In an unpublished decision, the court decided that the trial court did not have the authority to revoke the person's suspended sentence because the hearing on the revocation was not held within the required twenty days. The court reversed the revocation and sent the case back for further actions. One judge dissented from this opinion.

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RE 2012-0711

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In OCCA case No. RE 2012-0711, Creekmore appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse the order revoking Creekmore's suspended sentence and remand for a new hearing. One member of the court dissented.

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RE-2008-880

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In OCCA case No. RE-2008-880, William John Myers appealed his conviction for two counts of Second Degree Arson. In an unpublished decision, the court decided to reverse the revocation order in one of the cases but affirmed the revocation in the other case. One judge dissented. Myers had earlier pleaded guilty to two arson offenses and received a suspended sentence of 20 years, with the first 7 years of that sentence active, meaning he had to serve that time in prison unless he followed probation rules. Later, in 2008, the court found that he had broken the rules of his probation, leading to the judge revoking the suspended part of his sentence. Myers argued that one of his revocations should not have happened because the State did not file a required petition to seek that revocation. The court agreed with him, stating that without the petition, they did not have the authority to revoke his sentence for that case. However, for the other case, where Myers had also violated probation, the court held that the decision to fully revoke the suspended sentence was within the trial court's discretion, and they found no mistake in that ruling. Therefore, the court decided to reverse the order about the first case but keep the revocation in place for the second case. This means that Myers still has to serve part of his sentence for the second case while the order regarding the first case was sent back to the lower court to clarify that he still has his suspended sentence in that case.

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RE-2005-863

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In OCCA case No. RE-2005-863, the appellant appealed his conviction for several counts of burglary and for knowingly concealing stolen property. In a published decision, the court decided to modify the order of the District Court regarding the appellant's sentences, making them run concurrently as originally ordered instead of consecutively. One judge dissented.

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