Revocation Proceedings Archives

RE-2014-1030

Post author:Staff
Post published:March 23, 2016
Post category:RE

In OCCA case No. RE-2014-1030, Ronnie Eugene Woods appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug with Intent to Distribute, Falsely Personate Another to Create Liability, and Driving with License Cancelled, Suspended, or Revoked. In an unpublished decision, the court decided to modify the order of the District Court regarding Woods' sentences, ensuring that they would be served concurrently instead of consecutively. One judge dissented from this decision.

RE 2014-0706

Post author:Staff
Post published:May 12, 2015
Post category:RE

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.

RE-2013-555

Post author:Staff
Post published:June 2, 2014
Post category:RE

In OCCA case No. RE-2013-555, Waylon Dean Snyder appealed his conviction for Possession of Marijuana within 1,000 Feet from a Park or School. In an unpublished decision, the court decided to reverse the termination of Snyder from the Drug Court Program and the corresponding order of revocation of his sentence. One judge dissented. The case began when Snyder entered a guilty plea on March 11, 2009, and was sentenced to five years in prison, with a condition that most of the sentence would be suspended if he followed specific probation rules. Unfortunately, he did not comply with these rules, leading to a motion filed by the State to revoke his sentence. The court allowed him to enter a Drug Court Program instead of serving time in prison, with the understanding that failing this program would lead to starting his prison sentence. Snyder admitted to struggling with some of the conditions in the Drug Court program but attended regularly and participated in court activities. Despite some positive attendance, problems arose when he allegedly violated more conditions, which led to a motion to terminate him from Drug Court. When the State sought to terminate Snyder's participation in Drug Court, Snyder raised the argument that he had not received written notice detailing the specific violations being used against him for this termination. This lack of notice was crucial because, according to the law, Snyder was entitled to know the reasons behind the State's actions. The court reviewed the earlier actions and concluded that the State did not follow the correct legal process. Specifically, they didn’t provide the necessary updated notice about his violations at this latest hearing. As a result, Snyder's termination from Drug Court was improper. Consequently, the court reversed the decision to terminate Snyder from the program, which also meant he could not be forced to serve the rest of his five-year prison sentence since that order was linked to the termination. The court instructed to dismiss the case since his time under the suspended sentence had legally expired. In conclusion, Snyder's appeal was successful, leading to the reversal of the earlier decisions and allowing him to avoid further penalties stemming from the Drug Court program.

RE-2011-249

Post author:Staff
Post published:February 28, 2012
Post category:RE

In OCCA case No. RE-2011-249, the appellant appealed his conviction for Manslaughter in the First Degree and causing an accident resulting in great bodily injury while driving under the influence. In a published decision, the court decided that the order revoking the appellant's suspended sentence was an abuse of discretion and modified the sentence to time served. One judge dissented.

RE-2010-457

Post author:Staff
Post published:October 21, 2011
Post category:RE

In OCCA case No. RE-2010-457, Jacquelin Clariece Alexander appealed her conviction for possession of a controlled dangerous substance and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for one charge, but reversed the revocation for the other charge, sending it back for dismissal. One member of the court dissented.

F-2007-636

Post author:Staff
Post published:July 15, 2008
Post category:F

In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

C-2007-743

Post author:Staff
Post published:July 15, 2008
Post category:C

In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

RE-2004-812

Post author:Staff
Post published:October 3, 2005
Post category:RE

In OCCA case No. RE-2004-812, Duckett appealed his conviction for Unlawful Possession of A Controlled Drug. In a published decision, the court decided to reverse the order of the District Court regarding the revocation of Duckett's suspended sentence and instructed the court to dismiss the case, leading to Duckett's immediate release. One judge dissented. The case began when Duckett entered a guilty plea for possessing crack cocaine and was given a three-year suspended sentence. However, in 2002, the state wanted to revoke this sentence due to alleged violations of probation. Duckett was arrested and confessed to violating the terms of his probation in early 2003, but his sentencing was postponed several times. When Duckett failed to appear for a hearing in June 2004, a warrant for his arrest was issued. After being taken into custody, he had his sentencing hearing on July 26, 2004, during which the court revoked his suspended sentence due to his absence at the earlier hearing. Duckett appealed this decision, arguing that the court could not revoke his probation after his three-year term had expired. The court agreed with Duckett's argument, stating that the District Court did not have the authority to sentence him after the probation had ended. Although the court had taken steps to help him, such as continuously supervising his probation, the law does not allow for a suspended sentence to be extended indefinitely. The ruling emphasized that once the suspended sentence expired, the District Court lost its power to revoke it. Therefore, the court reversed the earlier decision and instructed the District Court to dismiss the case, allowing Duckett to be released.

RE-2003-660

Post author:Staff
Post published:June 23, 2004
Post category:RE

In OCCA case No. RE-2003-660, Fox appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided that the revocation order should be reversed and remanded for further proceedings. One judge dissented. Fox was found guilty of Concealing Stolen Property and received a suspended sentence, which meant he wouldn't serve jail time right away but had to follow certain rules. He had to pay money as part of his sentence and stay employed. Over time, Fox struggled to meet these requirements due to health issues and other challenges, and the State said he violated the rules of his probation. Upon review, the Court looked at whether Fox’s actions were willful. This means they examined if he meant to break the rules or if there were reasons he couldn’t comply. Fox's attorney had agreed with the State's claims but there was confusion about whether Fox could argue that he had a good reason for not following the rules. In the end, the Court found that Fox had the right to argue that he did not willfully break the rules of probation. The previous order revoking his sentence was reversed, and more discussions were needed to figure out his situation properly.