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 2006-0808

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In OCCA case No. RE 2006-0808, Covey appealed her conviction for revocation of her suspended sentence. In an unpublished decision, the court decided to reverse the revocation order and send the case back for a new hearing with counsel present. One judge dissented. Covey had pled guilty to a crime and was given a suspended sentence, meaning she wouldn't serve time unless she broke the rules again. The State thought she had broken the rules and asked the court to take away her suspended sentence. At the hearing, Covey didn’t have a lawyer because she claimed she couldn’t pay for one. The judge said Covey had enough chances to get a lawyer but decided to go ahead without one. However, the court found that there was no clear proof that Covey was okay with not having a lawyer or that she understood the risks of representing herself. This is important because everyone has the right to have a lawyer help them during important hearings like this one. Because the court didn’t follow the proper rules for allowing Covey to go without a lawyer, they reversed the previous decision and said she should have another hearing with a lawyer or a clear agreement that she didn’t want one.

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