Review Hearing

In OCCA case No. F 2017-1055, a person appealed their conviction for possession of a controlled dangerous substance (Oxycodone). In an unpublished decision, the court decided to affirm the termination of the appellant from the Pontotoc County Drug Court Program. One judge dissented. The case started on February 18, 2014, when the appellant was charged with a drug-related crime. The appellant agreed to enter the Drug Court Program, where they could avoid prison if they completed the program successfully. If not, they could face up to ten years in prison. On April 19, 2017, the state sought to terminate the appellant from the program. They claimed the appellant had tested positive for THC, which is found in marijuana. A hearing was held, and the judge decided to terminate the appellant from Drug Court. As a result, the appellant was sentenced to ten years in prison but received credit for the time they had already spent in custody. The appellant argued three things on appeal. First, they believed the court made a mistake by kicking them out of Drug Court because there was not enough evidence of a rule violation. Second, the appellant stated that there was no written agreement outlining the rules of the Drug Court, and therefore, they should not have been terminated for breaking rules they did not know about. Lastly, the appellant claimed that since the state filed the termination application after the allowed time to participate in Drug Court had passed, the court should not have been able to terminate them. The court addressed each of these arguments. They found that the appellant never objected to the evidence showing the positive drug test, which made it hard for them to argue the judge made a mistake. The court also looked into whether the appellant had been informed about the rules and found that the evidence showed the appellant had been explained the terms and understood them. Lastly, regarding the timing of the termination, the court explained that while the timeframe for treatment had expired, the court still had the authority to terminate participation in the program before a final sentence was given. Ultimately, the appellate court agreed with the original trial court's decision to terminate the appellant from Drug Court and affirmed the ten-year sentence. One judge disagreed with the decision about the timing of the termination, believing that the court did not have the right to terminate after the set period.