Rule 3.15

F-2018-1004

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHANNON SHEREE JOHNSON,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1004** **FILED FEB 13, 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** On April 18, 2017, Appellant Shannon Sheree Johnson entered a plea of guilty in Oklahoma County District Case No. CF-2015-8771. The trial court delayed her sentencing in this case and suspended the probation requirements for her prior cases—CF-2013-2846, CF-2014-1596, and CM-2015-1832—pending successful completion of the Oklahoma County Mental Health Court program. According to the plea agreement, if Appellant did not successfully complete the Mental Health Court, the trial court would revoke her suspended sentences in Case Nos. CF-2013-2846 and CF-2014-1596, convert her deferred sentences to convictions with a one-year prison sentence in Case No. CM-2015-1832, and impose concurrent ten-year sentences for Counts 1 and 2 in Case No. CF-2015-8771. The State filed a motion to terminate Appellant’s participation in the Mental Health Court, alleging her non-compliance with the program, including failure to follow court rules, lack of progress, unauthorized departure from inpatient treatment, and not graduating from treatment. After a hearing, Special Judge Geary Walke terminated her participation in Mental Health Court and sentenced her in accordance with her plea agreement. Appellant contends that the termination was an abuse of discretion, arguing that the judge should have considered intermediate sanctions before imposing the sentences. She cites her period of sobriety prior to the hearing as a reason for less severe punishment options. However, evidence presented at the hearing indicated that Appellant had consistently missed meetings, court appearances, and drug tests, and had not made adequate efforts to complete her treatment. Appellant's counsel argues that Judge Walke should have recognized relapses as part of the rehabilitation process under 22 O.S.Supp.2014, § 472(F). This section allows for discretion in determining whether conduct justifies revocation of a participant from the program. The record does not support Appellant's position that Judge Walke acted unreasonably or arbitrarily in the face of substantial evidence demonstrating her failure to comply with the program. As Appellant has not shown that the trial court's decision was contrary to law or the facts of the case, we conclude that there was no abuse of discretion. **DECISION** The termination of Appellant's participation in the Mental Health Court program is AFFIRMED. The mandate is ordered to be issued upon the filing of this decision. --- **APPEARANCES** **ON APPEAL** Melissa French, Counsel for Defendant Andrea Digilio Miller, Counsel for Appellant Heather Coyle, Assistant District Attorney Mike Hunter, Oklahoma Attorney General Tessa Henry, Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

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RE-2018-645

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**Court of Criminal Appeals of the State of Oklahoma** **ANTWOIN LEE WALKER, Appellant, vs. THE STATE OF OKLAHOMA, Appellee.** **Case No. RE-2018-645** **Summary Opinion** **File Date: December 12, 2019** **KUEHN, VICE PRESIDING JUDGE:** Antwoin Lee Walker appeals the full revocation of his six-year suspended sentence in Case No. CF-2015-675 by District Judge Paul Hesse of the Canadian County District Court. **Background:** On October 27, 2015, Walker pled guilty to Petit Larceny (Count 1) and Knowingly Concealing Stolen Property (Count 2), resulting in a six-month county jail sentence on Count 1 and a ten-year sentence on Count 2, with four years suspended. On May 30, 2017, the State filed to revoke his suspended sentence, citing new charges including Attempt to Kill, Rape in the First Degree, and two instances of Petit Larceny, in Case No. CF-2017-445. Walker was subsequently convicted on May 10, 2018, of all counts in that case. During a hearing on June 19, 2018, which combined revocation and sentencing phases, Judge Hesse considered evidence from the jury trial and sentenced Walker to life imprisonment on Counts 1 and 2, among others. In the revocation portion, Walker’s attorney agreed to incorporate the trial evidence in assessing the probation violation. Judge Hesse found Walker had violated his probation and revoked the suspended sentence in full, ordering it to run concurrently with his sentences from Case No. CF-2017-445. **Proposition of Error:** Walker asserts the trial court erred by taking judicial notice of evidence from the prior trial. **Analysis:** The appellate court finds that there was no judicial notice taken. Walker consented to the combination of hearings and did not object to the incorporation of trial evidence into the revocation proceedings. The court notes the distinction from precedent cases, as Walker's situation involves a combined hearing rather than separate unrelated proceedings. Given that the trial court is afforded discretion in revocation matters and there was no abuse of that discretion, the court ultimately finds no reversible error. **Decision:** The order revoking Walker’s six-year suspended sentence is AFFIRMED. **Appearances:** - **For the Appellant:** Craig Corgan, Sarah MacNiven - **For the State:** Eric Epplin, Mike Hunter, Theodore M. Peeper **Opinion by:** KUEHN, V.P.J. **Concurred by:** LEWIS, P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. **Note:** For the full opinion, see [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-645_1734427729.pdf).

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RE 2018-0397

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In OCCA case No. RE 2018-0397, Wesley Scot Kilpatrick appealed his conviction for robbery in the second degree. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence. One judge dissented. Wesley Scot Kilpatrick had pleaded guilty to robbery in the second degree, and a more serious charge of burglary in the first degree was dropped. He received a seven-year suspended sentence, which means he would not go to prison right away if he followed certain rules. He also had to pay a fine and court costs. Later, the state said Kilpatrick did not follow the rules of his suspended sentence. They claimed he failed to pay his costs and restitution, got into trouble with the police, and committed another crime. Because of this, a court hearing was held to decide if his suspended sentence should be revoked. At the hearing, the judge decided to revoke his sentence completely, meaning Kilpatrick would have to serve the full seven years in prison. Kilpatrick disagreed with this decision and appealed, arguing that the judge made a mistake in revoking his sentence. However, the court found that the judge did not make an error. They believed the judge had the right to make that decision based on the facts presented. The court defined an abuse of discretion as a decision that is clearly wrong and not based on logic or evidence. Since Kilpatrick did not show that the judge was wrong, the court affirmed the decision to revoke his suspended sentence. In the end, Kilpatrick would have to serve the full time in prison for his robbery conviction.

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F-2018-418

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In OCCA case No. F-2018-418, Ebrima Tamba appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Ebrima Tamba was sentenced to twenty years in prison for his involvement in trafficking illegal drugs, specifically marijuana. Tamba felt that this sentence was too harsh. He argued that it was unfair because it was longer than the minimum penalty for the crime and that he had less marijuana than what the law required for a more serious charge. He also mentioned that since his arrest, the laws in Oklahoma changed, allowing people with a medical marijuana license to use marijuana legally. However, the court explained that even if laws changed after Tamba's crime, the new laws did not apply to his case. They noted that he was given a sentence that followed the laws in place when he committed the crime, and his sentence was within the legal limits. Tamba also claimed that his lawyer did not help him properly during the trial. He believed his attorney should have challenged how police stopped him and questioned whether the evidence used against him was acceptable. However, the court found that Tamba did not prove that his lawyer's actions negatively affected the outcome of his trial. In conclusion, the court decided that Tamba's twenty-year sentence was appropriate and that his lawyer provided adequate help during his trial. Therefore, his appeal did not lead to any changes in his case.

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PC-2017-322

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In OCCA case No. CF-2004-4488, the petitioner appealed his conviction for murder and shooting with intent to kill. In an unpublished decision, the court affirmed the conviction, stating that his consecutive sentences do not violate constitutional protections against cruel punishment. One judge dissented on the reasoning. [occa_caption]

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M-2017-137

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In OCCA case No. M-2017-137, Jerrad Sterling Nunamaker appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and speeding in excess of the lawful limit. In an unpublished decision, the court decided to modify Nunamaker's fine for speeding to $20.00 and vacated the victim compensation assessment for that offense. One member of the court dissented.

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M-2016-108

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In OCCA case No. M-2016-108, Marty Spence Duncan appealed his conviction for Domestic Abuse - Assault and Battery and Assault. In a published decision, the court decided to reverse Duncan's judgment and sentence and remand for a new trial because the record did not show that he had waived his right to a jury trial. One judge dissented.

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F-2016-461

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In OCCA case No. F-2016-461, Roy Dale Doshier appealed his conviction for Rape in the First Degree. In an unpublished decision, the court decided to affirm the conviction but vacated a $250 attorney fee that had been assessed. One judge dissented. Doshier was found guilty after a jury trial and received a 30-year sentence, with the requirement to serve 85% of the term before being eligible for parole. He raised six points of error in his appeal, focusing on issues such as the admissibility of his statements, jury instructions regarding lesser offenses, the attorney fee, and the fairness of the proceedings. The court reviewed each issue. It found no error in admitting Doshier's statements, reasoning that the trial court had not abused its discretion in allowing them into evidence. On the question of jury instructions, the court concluded that the judge had not erred in not including instructions for lesser offenses, as no prejudice had been shown against Doshier. However, the court agreed to vacate the $250 fee for indigent defense because the attorney assigned to him did not actually represent him in court, which meant the fee was not valid. They also determined that Doshier's sentence was not excessive and did not require the jury to be informed about sex offender registration as part of the instructions. In the end, the court affirmed the judgment and sentence while vacating the fee, upholding the conviction due to a lack of legal errors. Overall, there was no indication that Doshier did not receive a fair trial, and the judges were satisfied with the outcome except for the singular point about the attorney fee.

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C-2016-140

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In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

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F-2015-561

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In OCCA case No. F-2015-561, Walter LaCurtis Jones appealed his conviction for three crimes: Feloniously Pointing a Firearm, Possession of a Firearm After Former Felony Conviction, and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions and sentences for the first two counts but reversed and dismissed the conviction for Assault and Battery with a Dangerous Weapon. One judge dissented. Walter Jones was found guilty after a trial without a jury. He received seven years in prison for each of the first two counts, which would be served at the same time, and one year in county jail for the third count. The judge also ordered that he would have one year of supervision after his prison time. Jones raised several arguments in his appeal. He argued that there was not enough evidence to support his conviction for Assault and Battery with a Dangerous Weapon, claiming he did not use a dangerous weapon and had no intention to hurt anyone. The court agreed with him on this point and reversed that conviction. For the charge of Feloniously Pointing a Firearm, Jones argued that the gun he pointed at someone was not a real firearm because it was missing a part and could not shoot. However, the court found there was enough evidence to support that he pointed a gun designed to shoot, therefore, they upheld that conviction. In the case of Possession of a Firearm After Former Felony Conviction, Jones contended that the gun could not fire, so he should not have been found guilty. The court decided that it was unnecessary for the gun to be able to fire to prove he had possession of it as a felon, thereby upholding this conviction as well. Lastly, Jones claimed he was facing double punishment for the same crime, which the court did not accept because the two charges involved different actions and did not violate any laws regarding double punishment or double jeopardy. Thus, the court confirmed his sentences for the first two counts while reversing the count for Assault and Battery.

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RE-2015-104

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In OCCA case No. RE-2015-104, Eric Lamont Muhammad appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse the District Court's order to revoke his sentence and send the case back for further proceedings. One judge dissented, arguing that the hearing was held in a timely manner.

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C-2014-79

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In OCCA case No. C-2014-79, Walker appealed her conviction for Assault and Battery on a Police Officer, Resisting an Officer, and Trespassing. In an unpublished decision, the court decided to dismiss Walker's appeal because her application to withdraw her guilty plea was not properly heard by the trial court. One judge dissented, arguing that a hearing had indeed taken place.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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F 2012-294

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In OCCA case No. F 2012-294, Doris Jean Whitaker appealed her conviction for an unspecified crime. In an unpublished decision, the court decided to reverse her conviction and remand the case for a new trial due to a lack of adequate record on appeal. The State agreed with the decision, acknowledging that the failure to provide a trial transcript denied Whitaker her right to a meaningful review of her case. A dissenting opinion was not noted.

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F 2010-0888

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In OCCA case No. F 2010-0888, Eugene Turner appealed his conviction for assault and battery on a police officer, escape from detention/arrest, and domestic assault. In a published decision, the court decided that the District Court did not have the authority to accelerate Turner's deferred sentence for the assault on the police officer because the time limit for filing had already passed. The ruling was based on a prior case, which stated that a deferred sentence starts on the day it is given. Since the State didn’t file their application until after the deadline, Turner's case was sent back to the lower court for further proceedings. One judge dissented.

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M 2010-1026

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In OCCA case No. M 2010-1026, Luck appealed his conviction for Malicious Mischief. In a published decision, the court decided to affirm the judgment and sentence but vacate the restitution order, remanding the matter for a hearing to determine the correct amount of restitution. No dissent was registered.

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RE-2010-706

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In OCCA case No. RE-2010-706, Cynthia McGhee appealed her conviction for embezzlement and using a computer to defraud. In an unpublished decision, the court decided to reverse the order revoking three years of her suspended sentence. One judge dissented. Here is a brief summary of the case: Cynthia McGhee was originally sentenced in 2004 for embezzlement and related charges. She received a total of fifty years in prison, but twenty of those years were suspended, meaning she did not have to serve that time in prison as long as she followed certain rules. One of the rules was that she had to pay back a large amount of money, over $244,000, which she had taken in the embezzlement. In 2010, the state accused her of not paying the money she owed. A judge held a hearing to discuss this. McGhee admitted she did not pay the restitution but argued that it was not because she didn't want to, but because she couldn't afford to. The judge decided to revoke three years of her suspended sentence because McGhee failed to pay. On appeal, the court looked at whether the district judge made a mistake. The court found that McGhee had shown enough evidence to suggest that her inability to pay was not her fault. They explained that a person's probation should not be revoked for not paying money unless it is proven they could have paid it and chose not to. The original judge had not considered McGhee's ability to pay when making the decision. Therefore, the Court of Criminal Appeals decided that the revocation of McGhee's suspended sentence was an abuse of discretion, meaning the judge made a wrong choice. They reversed the decision and sent the case back for a new hearing to determine if McGhee could pay the restitution.

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C-2010-1139

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In OCCA case No. C-2010-1139, a petitioner appealed his conviction for False Personation of Another to Create Liability. In a published decision, the court decided to grant the appeal. The court concluded that the trial court made a mistake by not holding a hearing on the petitioner's request to withdraw her no-contest plea. The decision requires the case to go back to the lower court for this necessary hearing. One judge dissented.

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F-2009-648

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In OCCA case No. F-2009-648, the appellant appealed her conviction for First Degree Manslaughter. In an unpublished decision, the court decided that the appellant should be given the opportunity to withdraw her guilty plea. One judge dissented.

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F-2009-525

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In OCCA case No. F-2009-525, Sparks appealed his conviction for Second Degree Murder, Unlawful Delivery of a Controlled Drug, and Unlawful Removal of a Dead Body. In a published decision, the court decided to affirm the convictions for Counts 2 and 3 but reversed and remanded Count 1, with instructions to dismiss. One judge dissented regarding Count 1. The case involved Nathan David Sparks, who was tried and found guilty in Osage County. The jury decided that he should spend ten years in prison for Second Degree Murder, along with a fine for delivering a controlled substance and a year in county jail for improperly handling a dead body. The trial judge followed the jury's recommendations. The appeal focused on several issues, including whether there was enough evidence to support a conviction for Second Degree Murder. During the trial, the prosecution argued that Sparks gave methamphetamine to a woman who later died from it, claiming they had a close relationship and that he knew about her health issues. Sparks argued that the evidence did not strongly support the idea that his actions were extremely dangerous. The court reviewed prior cases and determined that not every case of delivering drugs resulting in death is automatically Second Degree Murder. They explained that for a murder charge to stick, the actions must show a clear disregard for life. They found that in Sparks' case, while he knew the victim had health problems, there wasn't enough evidence to prove his actions were dangerously reckless enough to warrant a murder conviction. Each of Sparks' other issues was also reviewed. They found some testimony was not directly related to the case, but since the evidence for Counts 2 and 3 was strong, it did not change the outcome. They determined that there was no misconduct during the trial and that Sparks had adequate legal representation. In summary, the court upheld Sparks' convictions for the drug delivery and body removal but did not find strong enough evidence for the murder charge, leading to its dismissal. One judge disagreed, believing the evidence was sufficient to uphold the murder charge due to Sparks' knowledge of the victim's health issues.

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C-2011-651

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In OCCA case No. C-2011-651, the appellant appealed his conviction for domestic assault and battery by strangulation and threatening to perform an act of violence. In an unpublished decision, the court decided to modify the sentence for the second count but affirmed the conviction and sentence for the first count. One judge dissented. James Duane Dorsey, Jr. entered a guilty plea for domestic assault and battery and no contest for threatening to perform an act of violence. He was sentenced to three years in prison, which was suspended, and 90 days in county jail for the first count. For the second count, he received a suspended one-year jail sentence, to run at the same time as the first count. Dorsey later tried to withdraw his pleas, but the trial court did not allow it. In his appeal, Dorsey argued two main points. First, he claimed his plea for the first charge was not valid because the court did not show enough facts to justify the plea. Second, he said the sentence for the second count was too long and needed to be changed. The court looked carefully at the entire case record before making a decision. They found that for the first point, Dorsey did not mention the lack of facts during his earlier motions, which means it was not properly brought up in his appeal. The court determined that, under their rules, they could only check for serious mistakes, not just any errors. They confirmed that Dorsey's pleas were made knowingly and that the court had the right to accept them. Dorsey had admitted to the crime of strangulation during his hearing, and the state had evidence to support the charge of threatening violence. For the second point, the court agreed with Dorsey that his sentence for the second count was too long. They noted that the maximum sentence for that misdemeanor should be six months. Therefore, they adjusted the sentence down to six months, but still suspended it. Overall, the court accepted Dorsey’s pleas and affirmed his conviction for the first count. However, they changed his sentence for the second count to fit within legal limits. One judge disagreed with how the court reviewed the first point but agreed with the rest of the decision.

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M 2009-1064

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In OCCA case No. M 2009-1064, Jesse Douglas Stein appealed his conviction for Domestic Abuse- Assault and Battery. In a published decision, the court decided to reverse the Judgment and Sentence and remand the matter for a new trial. One judge dissented. Jesse Douglas Stein was charged with domestic abuse and had a trial without a jury. He was found guilty and got a sentence that included some jail time and a fine. However, Jesse claimed that he did not properly give up his right to have a jury trial, which is really important. The court found that there was not enough proof that he made this choice in a clear and smart way. During the appeal, the State tried to add more information to the case, but the court decided that this new information did not prove that Jesse had given up his right to a jury trial the right way. Because of this mistake, the court said that they would send the case back for a new trial where Jesse could have a jury. The judges agreed that they needed to reverse the earlier decision because of the issues with the jury trial waiver. They did not need to look at other reasons Jesse gave for appealing since they already decided to reverse the decision and start fresh. In summary, Jesse's conviction was overturned, and he was given another chance for a trial with a jury.

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C-2007-1009

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In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

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F-2007-856

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In OCCA case No. F-2007-856, Ricky Louis Hunter appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under 16 and Unlawful Use of a Computer. In an unpublished decision, the court decided to affirm the conviction for the first count while dismissing the second count due to double punishment concerns. One judge dissented.

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S-2008-53

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In OCCA case No. S-2008-53, the State of Oklahoma appealed the conviction for Child Abuse. In an unpublished decision, the court decided to affirm the earlier decisions, meaning they upheld the conclusion that there was not enough evidence to proceed with the trial against the defendant. One judge dissented in this case. The case was about a parent who was accused of child abuse after leaving her two children in a vehicle while she became unconscious. The court looked at whether the parent’s actions met the legal definition of child abuse. A special judge had already decided there wasn’t enough evidence to charge her, and when the State appealed that decision, the district judge agreed. When the case reached the Oklahoma Court of Criminal Appeals, the justices reviewed the earlier decisions. They listened to arguments from both sides and looked closely at the facts. They saw that the earlier judges had acted reasonably and hadn’t made any mistakes that would change the outcome. Therefore, they decided to keep the original ruling, which meant that the parent wouldn’t have to face trial for the charges brought against her.

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