Revocation Order Archives - Page 2 of 2

RE-2002-174

Post author:Staff
Post published:November 6, 2002
Post category:RE

In OCCA case No. RE-2002-174, the appellant appealed her conviction for various crimes related to embezzlement and forgery. In an unpublished decision, the court decided to modify the revocation of her suspended sentence. One judge dissented. The case began in 1995 when the appellant was sentenced to five years of imprisonment, which was suspended, meaning she would not go to prison immediately if she followed certain conditions. These conditions included paying back over $35,000 to the victim of her crimes as restitution, reporting to a probation officer, and not changing her residence without permission. In 1997, the state said the appellant broke the rules of her probation by failing to report to her probation officer, changing her residence without permission, and not paying her restitution as required. A judge found that she did violate her probation, but there were multiple delays in resolving her punishment, which lasted about four and a half years. In 2001, the appellant missed a court hearing, and the court issued a warrant for her arrest. After her arrest in January 2002, a final hearing took place where the judge ordered her to serve the full five years of her sentences and added extra fees for sheriff's costs. The appellant then appealed this decision, proposing several arguments against the court's order: 1. She argued that the sheriff's fees were imposed unlawfully and violated her rights. 2. She claimed the restitution amount was uncertain and should not be required. 3. She believed the court could not revoke her suspended sentence after such a long time. 4. She felt her due process rights were violated because the imposed punishment was excessive. After reviewing the case, the court agreed with some of the appellant's points. It decided that the sheriff's fees were not legally appropriate because they cannot be added after a sentence has been given. They also found that appellant’s arguments about the restitution were too late because those challenges should have been made back in 1995 when the restitution was set. However, the court did agree with the appellant that it was too long between when she was sentenced and when her probation was revoked; thus, they ordered that her two five-year sentences should run at the same time (concurrently) instead of one after the other (consecutively). In conclusion, the court modified the earlier order by removing the sheriff's fees and adjusted how long the appellant would be imprisoned.

RE 2000-1257

Post author:Staff
Post published:October 16, 2001
Post category:RE

In OCCA case No. RE 2000-1257, the appellant appealed her conviction for furnishing beer to a person under twenty-one years of age. In a published decision, the court decided to reverse the revocation of her suspended sentence and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant pled guilty and was sentenced to one year, which was suspended, meaning she would not have to serve time right away as long as she followed certain rules. However, later, the state said she had broken those rules and asked the court to revoke her suspended sentence. After a hearing, the judge decided she had violated her probation and sentenced her to one year in jail with a part of that sentence suspended. The appellant appealed this decision, saying the court did not have the right to change her original sentence and that there wasn't enough proof of her violation. She also argued that she didn't receive proper notice about the reasons for her revocation, which is important for due process. The court agreed with her on the fact that the state did not provide enough evidence to support the revocation of her sentence. Due to this, the court decided to reverse the previous decision and instructed the lower court to dismiss the revocation order.

RE-2000-1034

Post author:Staff
Post published:March 15, 2001
Post category:RE

In OCCA case No. RE-2000-1034, an individual appealed his conviction for unlawful possession of marijuana in the presence of a minor child. In a published decision, the court decided to uphold the decision to revoke part of the individual’s suspended sentence. One judge dissented. The case began when the individual was given a ten-year suspended sentence after pleading guilty in 1996. However, in 2000, the court found that he had violated the terms of his probation. The judge determined that the individual had committed offenses, including driving with a suspended license, and had also failed to make required payments for fines and costs. The individual argued that the court based its decision on prior allegations that the state had withdrawn. However, the court found that the individual did not provide sufficient legal reasons why those prior allegations couldn’t be used again. It also noted that the individual had not made required payments for his fines, having made less than one payment each year during the probation period. The judge emphasized that the individual had signed agreements for payment plans based on his ability to pay. Because he failed to follow through with these payments and was found to have violated other terms of his probation, the judge concluded there was enough reason to find that the individual had intentionally failed to comply. In the final decision, the court affirmed the revocation of a part of the individual’s sentence. However, it noted that the judge had improperly issued a new sentence instead of just executing the previous one. Therefore, while the revocation stood, the court ordered the lower court to correct this issue by properly recording the revocation without imposing a new judgment.

RE 2000-0434

Post author:Staff
Post published:March 9, 2001
Post category:RE

In OCCA case No. RE 2000-0434, Jeremy Keith Wright appealed his conviction for participating in a riot and conspiring to commit a felony. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences. One judge dissented. Here's what happened: Jeremy Keith Wright had been found guilty of participating in a riot and conspiracy. He was given a chance to stay out of jail by having his sentences suspended for three years, along with some rules to follow. He also had to pay a fine and fees. Later, the State of Oklahoma wanted to take away his suspended sentences because they believed he violated the rules. On March 6, 2000, they filed a request, but Jeremy wasn’t given a hearing on this until March 28, which was more than the twenty days they were allowed according to the law. Jeremy argued that the court should not have held the revocation hearing after the twenty days were up without his permission. The judges looked carefully at this issue. They concluded that since the hearing was late and there was no proof that Jeremy agreed to wait longer, they could not uphold the revocation. Therefore, the court reversed the decision made by the trial court and sent the case back for more action according to their ruling.

RE-2000-630

Post author:Staff
Post published:January 12, 2001
Post category:RE

In OCCA case No. RE-2000-630, the appellant appealed his conviction for possession of a controlled drug. In a published decision, the court decided that it was an error for the lower court to revoke the appellant's suspended sentence because the original case had been dismissed. The court found that the trial court did not have the authority to accept a plea or impose a sentence in the dismissed case, which meant the lower court had no jurisdiction. Therefore, the order revoking the suspended sentence was vacated. One judge dissented.