Revocation Hearing

RE-2018-155

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **VESTER VON DOWNUM,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-155** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On June 15, 2015, Appellant Vester Von Downum, represented by counsel, was convicted of Planning/Conspiring/Endeavoring to Perform an Act of Violence in Muskogee County, Case No. CF-2014-656. He was sentenced to ten (10) years, with all but the first two (2) years suspended, subject to rules and conditions of probation. On December 6, 2017, the State filed an Application to Revoke Downum's suspended sentence, alleging he violated the terms of probation by violating a protective order issued in PO-2014-218. At the hearing on February 7, 2018, the District Court of Muskogee County, presided by the Honorable Norman D. Thygesen, revoked the remainder of Downum's suspended sentence. Downum now appeals, presenting the following propositions of error: 1. The State failed to prove by a preponderance of the evidence that Mr. Downum violated the terms of his probation by committing the new crime of violating a protective order; 2. The order of revocation is excessive based on the circumstances; 3. There exists a clerical error in the order revoking the suspended sentence that should be corrected by an order nunc pro tunc. **DECISION:** The revocation of Downum's suspended sentence is AFFIRMED. The scope of review in revocation appeals is limited to the validity of the revocation order. We examine the factual determination and consider whether the court abused its discretion. The trial court's findings will not be disturbed on appeal if there is evidence reasonably supporting them. Downum alleges the State did not prove he violated the protective order. In probation revocations, the State must prove violations by a preponderance of the evidence, and conflicting testimony was presented at the revocation hearing. The victim, T.H., claimed Downum contacted her on Facebook shortly after his release, which she found threatening due to their history. Downum testified the contact was accidental. Given the conflicting evidence, the court found sufficient grounds to support the violation, and we find no abuse of discretion in the decision to revoke Downum's sentence. As to Downum's claim of excessive punishment, we note that violation of even one condition of probation justifies full revocation, especially in this case where the violation occurred less than two weeks after his release. Regarding the clerical error in the Judgment filed February 9, 2018, it correctly reflects the need for a nunc pro tunc order to clarify that Downum was found guilty after a jury trial and not via a guilty plea. **CONCLUSION:** The order of the District Court of Muskogee County revoking Downum's suspended sentence in Case No. CF-2014-656 is AFFIRMED. The matter is REMANDED for entry of an order nunc pro tunc to correct the clerical error. **OPINION BY: LEWIS, P.J.:** **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **[Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-155_1734703626.pdf)**

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F 2018-0398

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STEVE GRAYSON FALEN, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **No. F 2018-0398** **May 23, 2019** **SUMMARY OPINION** **JOHN D. HADDEN LEWIS, PRESIDING JUDGE:** Appellant, Steele Grayson Falen, was charged on March 14, 2013, in Beckham County District Court Case No. CF-2013-106 with various offenses including Count 1 - Unlawful Possession of Controlled Drug with Intent to Distribute (felony), Count 2 - Possession of Controlled Dangerous Substance (misdemeanor), and Count 3 - Unlawful Possession of Drug Paraphernalia (misdemeanor). Following a guilty plea on January 23, 2014, he received a ten-year deferred sentence for Count 1 and one year for Counts 2 and 3, all to run concurrently, with credit for six months served in treatment. Later, on November 12, 2014, Appellant faced additional charges in Case No. CF-2014-446 involving burglary-related offenses. Consequently, the State sought to accelerate his deferred sentences linked to the new charges. Under a plea agreement, Appellant joined the Beckham County Drug Court Program on June 23, 2015, where he would face a significant sentence if he failed to complete the program successfully. The State filed to terminate Appellant from the Drug Court on February 21, 2018, citing early exit from treatment and subsequent arrest. After a revocation hearing on April 6, 2018, he was sentenced to 20 years for Count 1 and associated consequences for Counts 2 and 3 from both cases with sentences ordered to run concurrently. Appellant now appeals the termination from Drug Court, asserting that the trial court abused its discretion. However, findings indicate no abuse of discretion occurred as the Drug Court Act emphasizes the judge’s authority to revoke participation when conduct warrants termination. **DECISION** The termination of Appellant from the Beckham County Drug Court Program in both Case Nos. CF-2013-106 and CF-2014-446 is **AFFIRMED**. **APPEARANCES** *Counsel for Defendant:* J. Cade Harris, Appellate Defense Counsel Nicollette Brandt, Counsel *Counsel for the State:* Gina R. Webb, Assistant District Attorney Mike Hunter, Attorney General Theodore M. Peeper, Assistant Attorney General **OPINION BY:** LEWIS, P.J. *KUEHN, V.P.J.: Concur in Results* *LUMPKIN, J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur*

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RE-2018-249

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

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RE-2018-342

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSHUA ERIC ARMSTRONG,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. No. RE-2018-342 **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY - 9 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **HUDSON, JUDGE:** Appellant Joshua Eric Armstrong appeals from the revocation of his suspended sentence from the Woodward County District Court Case No. CF-2017-5, overseen by the Honorable David A. Work, Associate District Judge. ### Background On March 31, 2017, Appellant pled no contest to the charge of Possession/Concealing Stolen Property, leading to a five-year sentence, with all but the first two months suspended. On March 8, 2018, the State sought to revoke Appellant's suspended sentence on various grounds: failure to report, providing a false address, testing positive for methamphetamine, failing to pay court costs, prosecution reimbursement fees, restitution, and committing Grand Larceny (Case No. CF-2018-11). At the March 27, 2018, hearing, Judge Work revoked four years of Armstrong's suspended sentence. ### Appellant's Claims 1. **Proposition I**: Judge Work’s pronouncements were insufficient regarding the alleged probation violations. - **Finding**: No statutory requirement exists for detailed findings at revocation. The petition sufficiently informed Appellant of the grounds. 2. **Propositions II, III, and V**: The State did not prove certain alleged violations. - **Finding**: The State proved other violations; only one is necessary for revocation. 3. **Proposition IV**: Insufficient evidence to prove a false address. - **Finding**: Evidence indicated Appellant likely provided a false address. 4. **Proposition VI**: Improper revocation for unemployment not alleged in the petition. - **Finding**: Appellant failed to object during the hearing, waiving the issue for all but plain error review, which he did not establish. 5. **Proposition VII**: The trial court abused discretion in revoking part of the suspended sentence instead of requiring treatment. - **Finding**: Evidence supported the violations alleged in the petition, and there was no abuse of discretion. ### Decision The revocation of Appellant's suspended sentence in Woodward County District Court Case No. CF-2017-5 is **AFFIRMED**. Mandate to be issued upon filing of this decision. **Appearances**: **Counsel for Defendant**: Ryan D. Recker **Counsel for Appellant**: Sarah MacNiven **Counsel for the State**: Kate Loughlin, Mike Hunter, Keeley L. Miller **OPINION BY**: HUDSON, J. **LEWIS, P.J.**: CONCUR **KUEHN, V.P.J.**: CONCUR **LUMPKIN, J.**: CONCUR **ROWLAND, J.**: CONCUR [Download PDF of Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-342_1734697264.pdf)

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RE-2017-964

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2017-964** **Antonio Depew Rhone, Appellant** **State of Oklahoma, Appellee** **Filed: April 4, 2019** **Summary Opinion:** Judge Hudson delivers the opinion of the court, affirming the revocation of Rhone's suspended sentence. ### Background: - On May 19, 2004, Antonio Depew Rhone pleaded guilty to Robbery with a Firearm and Kidnapping. - He received a 20-year sentence for the robbery (12 years suspended) and a concurrent 10-year sentence for kidnapping. - In July 2016, the State filed a motion to revoke his suspended sentence due to multiple probation violations, including new criminal charges. - After a revocation hearing on July 10, 2017, the District Court revoked Rhone's suspended sentence in full. ### Propositions of Error: 1. **Denial of Counsel of Choice:** Rhone claimed the trial court erred by not allowing him to hire his chosen attorney and denied his motion for a continuance. The court found no abuse of discretion, noting that Rhone had ample time to secure counsel but did not do so and had not shown any conflict with the appointed counsel. 2. **First Amendment Rights:** Rhone argued that his Facebook posts, which included threats, constituted protected speech. The court noted that Rhone did not object to the evidence's admissibility at the hearing, limiting review to plain error. The court ruled the statements were threats and not constitutionally protected speech. 3. **Insufficient Evidence for Revocation:** Rhone asserted the evidence against him was insufficient to support his revocation based on new criminal charges and other alleged probation violations. The court found that the State only needed to prove violations by a preponderance of the evidence and was satisfied the evidence presented justified the revocation. 4. **Abuse of Discretion in Revocation Decision:** Rhone contended that completely revoking his suspended sentence was excessive. The court reiterated that even one violation can justify a full revocation and found no abuse of discretion in the trial court's decision. ### Decision: The court affirmed the District Court's decision to revoke Rhone's suspended sentence. **Concurring Opinion (Kuehn, V.P.J.):** Kuehn concurred with the result, emphasizing that the evidence for the new drug charge alone justified the revocation. The other propositions were deemed moot. Kuehn agreed with the majority's analysis regarding the First Amendment claim, concluding there was no error in charging Rhone for his statements. **Conclusion:** The Oklahoma Court of Criminal Appeals upheld the revocation of Rhone’s suspended sentence, affirming the trial court's findings and rulings across all raised propositions. **[Download PDF of the full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-964_1734708773.pdf)**

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RE-2017-149

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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.

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RE-2016-1049

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In OCCA case No. RE-2016-1049, George appealed his conviction for violating the conditions of his probation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence in one case and reversed the revocations in three other cases with instructions to dismiss. One judge dissented. George had a history of criminal activity, including a guilty plea to second-degree statutory rape. He received a sentence with parts suspended, allowing him to leave prison if he followed probation rules, including not having contact with minors. This became an issue when George was found to be in contact with his biological son, which he claimed was unconstitutional since he was not the victim of his previous crime. During a hearing, evidence showed that George was discovered with a child, and while he later claimed that it was his son, the court found that the state proved he violated his probation by having contact with a minor. The court affirmed the revocation in the case where this violation occurred, stating that a single violation is enough to revoke probation. However, George was also accused of failing to pay court costs in three other cases. The court decided that there wasn’t enough evidence to prove he failed to pay, thus reversing the decision to revoke his probation in those cases. The court instructed the lower court to dismiss those revocations. This decision recognized the importance of proving probation violations with solid evidence, especially regarding financial obligations.

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RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and other charges. In a published decision, the court decided to affirm the revocation of his suspended sentences but directed the District Court to modify the orders so that the sentences would run concurrently. The dissenting opinion was not specified. Here's a simplified summary of what happened: Jerry Clemons was found guilty in two cases. He pleaded guilty to Home Repair Fraud in one case and robbery and property damage in another. He was given suspended sentences, meaning he would not go to prison if he followed rules and conditions of probation, like reporting to a probation officer and not changing his address without informing them. However, he did not follow these rules, which led the State to ask to revoke his suspended sentences. During a hearing, the judge decided to revoke Clemons' suspended sentences because he had failed to report as required and changed his address without telling his probation officer. Clemons argued that the State didn’t properly inform him about the reasons for the revocation and that they didn’t provide enough evidence to support their claims. He also said that the judge should not have revoked his sentence because the punishment was longer than what the law allowed for one of his charges. The court agreed with some of Clemons' points but stated that there was enough evidence to support the decision to revoke his suspended sentences. They found that he didn’t show how the judge made a wrong choice. However, they also recognized a mistake in how the sentences should be served. They ordered that all his sentences should run concurrently, meaning they would be served at the same time, rather than one after the other. In conclusion, Clemons' appeal was mostly not successful, but the court made important changes to ensure he would serve his time in a fair way according to the law.

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RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and Robbery By Force of Fear. In a published decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to modify its revocation orders to ensure that the sentences are served concurrently. One judge dissented. Clemons had pleaded guilty to several charges and was given suspended sentences with specific rules to follow. However, he later failed to report to his probation officer and changed his address without notifying them, which led the State to apply for the revocation of his suspended sentences. During the revocation hearing, the judge revoked Clemons' suspended sentences. Clemons appealed the revocation, arguing that he did not receive proper notice of the allegations against him, the State did not provide enough evidence for revocation, and that he was sentenced incorrectly for his misdemeanor charge. The court found that the State did indeed provide enough evidence to revoke the sentences and noted that some charges had already been corrected in an amended ruling regarding the length of his sentence for the misdemeanor. Moreover, the court determined that the revocation orders did not align with the original sentence where counts were meant to be served concurrently. Therefore, they directed the District Court to correct this mistake. In conclusion, while the revocation of Clemons' suspended sentences was largely upheld, the court required modifications to ensure that his sentences would run concurrently as originally intended. This led to a decision that balanced the need for imposed penalties with the requirement for proper procedure.

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RE-2016-929

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In OCCA case No. RE 2016-1019, the appellant appealed his conviction for home repair fraud and robbery by force of fear. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but required the district court to modify its orders to reflect that the sentences should run concurrently. One judge dissented. Jerry Lynn Clemons pleaded guilty to home repair fraud and robbery in Muskogee County. He was given suspended sentences, meaning he wouldn't go to jail if he followed certain rules, which included reporting to a probation officer and paying fines. However, the state said Clemons didn't follow these rules by not reporting and changing his address without telling his probation officer. This led to a revocation hearing where the judge decided to enforce his suspended sentences. Clemons argued that he wasn't properly informed about the reasons for revoking his sentence. He also raised concerns about not being given enough evidence of his alleged failures, and about a mistake in the length of his punishment for the misdemeanor charge. Ultimately, some of his arguments were accepted, especially regarding sentencing errors, but the court found enough evidence to support the revocation of his sentence based on his failure to report and violating other conditions. The court directed that the modified orders clarify that the sentences were to be served at the same time instead of one after the other. Clemons also claimed that his lawyer did not help him properly, which might have affected his defense. However, the court concluded that Clemons did not prove this claim sufficiently. In summary, while the court agreed to fix some mistakes in his sentencing, it still upheld the decision to revoke his suspended sentences due to the established violations.

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F 2017-0031

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In OCCA case No. F 2017-0031, Heath Saxon Ford appealed his conviction for driving a motor vehicle while under the influence of alcohol and unauthorized use of a vehicle, both felonies. In a published decision, the court decided to reverse his termination from the Drug Court Program and remand the case for reinstatement into a Drug Court program, preferably in another county. No one dissented. Heath Saxon Ford was charged with multiple offenses in McCurtain County. He pleaded guilty to two of them and entered a Drug Court Program, agreeing to specific conditions. If he didn’t follow these conditions, he could be sentenced to twelve years in prison. The state wanted to kick him out of the Drug Court Program, saying he violated his agreement by having a bad drug test. At a hearing, a witness said something about the drug test results, but she didn’t perform the test herself nor was the actual test introduced as evidence. Ford argued that this was not fair and that they used hearsay, which is when someone talks about what another person said instead of providing direct evidence. The court agreed that the hearsay could not be the only reason for terminating Ford from the program and that they didn’t show strong enough evidence to prove he violated the terms. There were also concerns about how the Drug Court was being run, suggesting possible impropriety. Because of these issues, the court decided to reverse the decision to end Ford's participation in the Drug Court Program and ordered that he be reinstated, possibly in a different county's program.

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RE-2016-1101

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This is a summary of a legal opinion from the Court of Criminal Appeals of the State of Oklahoma regarding Richard Leroy Felton's appeal following the revocation of his suspended sentences. Felton had previously entered guilty pleas to several misdemeanor charges, leading to consecutive suspended sentences of one year and six months. His probation was later revoked because he allegedly violated several probation conditions. Notably, he was accused of failing to pay supervision fees, maintaining employment, answering questions truthfully, and violating a protective order. During the revocation hearing, evidence was presented regarding Felton's threats against probation officers, his failure to report to them, and multiple documented violations of the protective order. The court concluded that even just his threats to the officers were sufficient grounds for revocation, thereby affirming the district court's decision. Felton raised five propositions of error on appeal, including claims of insufficient evidence for the state’s allegations, denial of due process, ineffective assistance of counsel, and abuse of discretion in revoking his sentences. The court found these arguments without merit, affirming the revocation on the basis that sufficient evidence supported the action taken by the district court. The court's ruling highlighted that violations of probation do not require the same standards as criminal prosecutions and that the existence of threats and failures to comply with probation conditions justified the decisions made at the lower court level. The order of revocation was thus upheld.

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RE 2016-0218

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In OCCA case No. RE 2016-0218, the appellant appealed his conviction for possession of a stolen vehicle. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but instructed the lower court to remove the requirement for post-imprisonment supervision from the revocation order. One member of the court dissented.

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RE-2015-922

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In OCCA case No. RE-2015-922, Palmer appealed his conviction for perjury. In an unpublished decision, the court decided to affirm the revocation of Palmer's suspended sentences. One judge dissented. Palmer had previously received a deferred sentence for a case in 2010. In 2015, he pleaded no contest to a perjury charge and got another suspended sentence that he was serving at the same time as the first one. Later, the State of Oklahoma filed to revoke his suspended sentences, claiming he had violated probation by not reporting, not paying court costs, and not completing a required program. They also added new charges of kidnapping and assault. During the revocation hearing, Palmer was removed from the courtroom because he was disruptive. He interrupted the judge repeatedly and was warned to stop, but he did not listen. The court found that because he was behaving disruptively, his absence from the hearing did not make the process unfair. Palmer also claimed that he wanted to represent himself but was forced to have a lawyer. The court determined he had not made any formal request to represent himself, so this claim was rejected. Additionally, Palmer argued that the court did not explain why his sentences were revoked. However, the court noted that there is no requirement to provide detailed reasons at a revocation hearing. Palmer's failure to follow even one condition of his probation was enough to justify the revocation of his sentences. Finally, Palmer thought the judge did not have the power to impose supervision following his imprisonment. However, the court found this issue was already resolved and was therefore moot. The court's overall ruling was to confirm that Palmer's suspended sentences were revoked, maintaining that proper procedures were followed during the revocation hearing.

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RE 2016-0784

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In OCCA case No. RE 2016-0784, James Wilbur Allen appealed his conviction for the revocation of his suspended sentences related to six counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented.

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RE-2016-401

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In OCCA case No. RE-2016-401, a person appealed his conviction for unlawful possession of a controlled drug with intent to distribute and burglary in the second degree. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences. One member of the court dissented. The case began when the person entered a guilty plea on November 3, 2014, and was sentenced to eight years in prison, with three years to be served and the rest suspended. This means he would not have to serve the full eight years right away. However, problems arose when the State of Oklahoma wanted to revoke his suspended sentence on January 13, 2016. During the revocation hearing held on April 26, 2016, it was found that he had violated the terms of his suspended sentences. The important issue in the appeal was whether the court had the right to hold the hearing after a certain time. According to the law, a revocation hearing should happen within twenty days unless both sides agree to wait longer. In this case, the person pleaded not guilty on February 1, 2016. The hearing was originally set for February 29, 2016, which was already too late according to the rules. It was then moved to April 26, 2016, making it even later and not meeting the legal deadline. Because the court did not have the right to hold the hearing after so much time had passed, the higher court decided to reverse the earlier decision and send the case back for further action that follows the law.

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RE-2015-735

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In OCCA case No. RE-2015-735, Kathy Lynn Logan appealed her conviction for the revocation of her suspended sentences. In an unpublished decision, the court decided to reverse and remand the case. The court found that Logan was not given the proper opportunity to have a lawyer assist her during the revocation hearing, which is a requirement by law. The court noted that both Logan and the State agreed that the trial court did not properly check if Logan needed a lawyer, which meant she was denied her rights.

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RE-2014-743

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In OCCA case No. RE-2014-743, the appellant appealed his conviction for attempted manufacturing of a controlled dangerous substance (methamphetamine), first-degree arson, and child endangerment. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences for some charges but vacate the revocation for one charge due to a prior dismissal. The case began when the appellant, on November 3, 2010, pleaded guilty to several charges, including attempting to manufacture methamphetamine. He was sentenced to serve time but was given a chance to have his sentences suspended if he followed probation rules. However, in August 2012, the state claimed the appellant violated these rules by not living in a sober facility and testing positive for drugs. The appellant admitted to these violations but was given another chance to comply with the probation terms. Later, the state filed another application to revoke his suspended sentences, alleging he committed new crimes, including kidnapping. A revocation hearing was postponed multiple times, eventually taking place in 2014. The court decided to revoke all of his suspended sentences except for one, which had been dismissed earlier. The appellant raised several arguments in his appeal. He claimed that the court did not have the right to revoke his sentences since the revocation hearing was delayed beyond the allowable time. He also argued that the court should not have revoked his sentence related to the dismissed charge and said he didn’t receive proper help from his attorney. The court found that while the appellant was correct about the dismissal of one charge, the other violations justified the revocation of his sentences. The court determined that the initial confession of violations was enough for the revocation and that the appellant had not shown neglect of care by his attorney on the other claims. As a result, the court affirmed the decision to revoke the sentences for the charges that were still valid but agreed to cancel the revocation related to the dismissed count. The case was sent back to the lower court to correct the record about the dismissed charge. Overall, the court's findings led to a mixed outcome for the appellant, maintaining some penalties while recognizing the error regarding the dismissed charge.

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RE 2014-0706

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In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

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RE-2014-248

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In OCCA case No. RE-2014-248, Harvell appealed his conviction for violating conditions of probation related to drug possession. In an unpublished decision, the court decided to reverse the lower court's order that sentenced him to prison. The court concluded that the District Court lost its authority to revoke his suspended sentence when the state asked to dismiss the motion. Judge Smith dissented.

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RE-2014-238

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In OCCA case No. RE-2014-238, the appellant appealed his conviction for possession of a controlled substance within the presence of a minor child, driving a motor vehicle while under the influence of drugs, unlawful possession of drug paraphernalia, and failure to carry an insurance verification form. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the one year of post-imprisonment supervision. One judge dissented.

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RE-2014-392

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In OCCA case No. RE-2014-392, the appellant appealed his conviction for lewd molestation and rape in the first degree. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences, but they vacated the one-year period of post-imprisonment supervision. One judge dissented.

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RE 2013-0885

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In OCCA case No. RE 2013-0885, Lela Mae Goodwin appealed her conviction for violation of her probation due to several reasons, including drug use and not attending treatment. In an unpublished decision, the court decided to uphold the revocation of her suspended sentences but ordered the district court to remove a part that imposed post-imprisonment supervision. One judge dissented.

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RE 2013-0850

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In OCCA case No. RE 2013-0850, Chief Allen Weston appealed his conviction for Domestic Assault and Battery by Choking. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to modify the sentence to give Weston credit for the ninety days he had already served in jail during his probation period. One judge dissented.

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RE-2013-409

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In OCCA case No. RE-2013-409, Adkins appealed his conviction for probation violations. In an unpublished decision, the court decided to affirm the revocation of some of his suspended sentences but ruled that the judge could not deny him good time credits while serving his time. One judge dissented.

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