Rules and Conditions

F-2019-605

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In OCCA case No. F-2019-605, Jerome Matthew McConell appealed his conviction for Obtaining Merchandise by False Pretenses. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for certain parts which were stricken. One member of the court dissented. McConell was found guilty after a bench trial in the District Court of McCurtain County. He was sentenced to thirty months in prison, but he argued that his trial was unfair for three main reasons. First, he claimed he was not allowed to confront some witnesses properly because hearsay evidence was permitted. Hearsay is when someone testifies about what another person said outside of court, which usually isn't allowed as direct evidence. However, the court found no real error in this situation because McConell's lawyer brought up the same issues during questioning. Therefore, the court did not see a violation of his rights. Second, McConell argued that evidence from another incident should not have been allowed by the court because the state did not give proper notice about it. However, the court decided that the evidence was relevant and no mistakes were made in permitting it. Lastly, McConell noted that the written sentence and conditions after his trial did not match what was discussed in court. The judge had ordered conditions that he should not enter a casino and also mentioned costs for prosecution that were not allowed under the law. The court agreed that these parts of the judgment were incorrect and decided to strike them from his sentence. In summary, the appeals court did affirm McConell's conviction, meaning they upheld the trial's decision, but they corrected some errors in how his sentence was recorded and ordered the lower court to make those changes.

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F-2018-0851

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**In The Court of Criminal Appeals of the State of Oklahoma** **Keye Yarnell Smith,** Appellant, **v.** **The State of Oklahoma,** Appellee. **No. F-2018-0851** **Filed August 15, 2019** **Summary Opinion** **Presiding Judge Lewis:** On December 23, 2014, Keye Yarnell Smith was charged in Tulsa County Case No. CF-2014-6405 with: - Count 1: Possession of Controlled Drug (felony) - Count 2: Unlawful Possession of Drug Paraphernalia (misdemeanor) - Count 3: Obstructing an Officer (misdemeanor) Smith pled guilty to all counts on August 26, 2015. Sentencing was deferred until August 17, 2018, pending successful completion of the Tulsa County Drug Court program, which would result in a four-year deferred sentence for Count 1, with Counts 2 and 3 dismissed. If terminated from the program, he would face six years imprisonment for Count 1 and one year in the County Jail for Counts 2 and 3, with sentences running concurrently and credit for time served. On July 5, 2018, the State filed a Motion to Revoke Smith’s participation in Drug Court, citing violations of program rules. After a hearing, Special Judge April Seibert ordered Smith's termination from the program and sentenced him per the plea agreement. Smith appeals this decision, claiming the trial court abused its discretion in terminating him from Drug Court. On appeal, Smith argues the court lacked adequate information due to the absence of the Performance Contract and Rules of Drug Court in the record. However, evidence provided during the hearing demonstrated that the trial court did not abuse its discretion. Oklahoma Statute Title 22 O.S. § 471.7(E) outlines that drug court judges must recognize relapses and provide progressive sanctions, rather than automatic termination, unless the offender's conduct warrants such action. The judge has broad authority over program removal decisions as outlined in § 471.7(G). This Court reviews the lower court’s decisions for abuse of discretion, which requires Smith to show that the court reached a clearly erroneous conclusion. No objections were raised by Smith regarding the allegations or the lack of understanding of the program's rules. **Decision:** The Court affirms the State’s Motion to Revoke Smith’s participation in Drug Court in Tulsa District Court Case No. CF-2014-6405. The mandate will be issued upon the delivery and filing of this decision in accordance with Rule 3.15 of the Oklahoma Court of Criminal Appeals. **Appearances:** - **Counsel for Appellant:** Stephanie Singer - **Counsel for Appellee:** Cindy Cunningham, Assistant District Attorney - **Attorney General:** Mike Hunter, Sher M. Johnson **Opinion By:** Presiding Judge Lewis **Concurred by:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-0851_1735123379.pdf)

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F-2017-1301

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In OCCA case No. F-2017-1301, William Curtis Box appealed his conviction for Aggravated Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the acceleration of his deferred judgment, which meant that his earlier decision to defer judgment was changed to a conviction. One judge dissented. The case started when Box was found guilty of a crime related to domestic violence and was given a deferred judgment, meaning he wouldn’t have a criminal record if he followed certain conditions for ten years. However, he did not follow those conditions and committed another crime called Obstructing an Officer. When the State of Oklahoma found out, they asked the court to change his deferred judgment to a conviction. Box argued that his probation should not be accelerated because the court did not have a written list of rules for his probation. He referred to previous cases from 1969 and 1970 which ruled in favor of defendants when there were no signed probation rules. However, the court explained that in later cases, they decided that a person on probation should understand they cannot commit any further crimes, even without a written agreement. Box also asked to withdraw his agreement to the State's application to change his probation status but could not find any laws that allowed him to do so. The court noted that a stipulation, or agreement, to accelerate a deferred judgment is different from things like guilty pleas, and there is no established way to take back such an agreement. Moreover, Box claimed that his sentence was too harsh. However, the court stated that during an acceleration appeal, they can only examine whether the acceleration was lawful, not whether the sentence was too long. Ultimately, the court upheld the decision to accelerate Box's judgment to a conviction based on his probation violation. They found no evidence of an abuse of discretion by the lower court in making this decision.

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F-2006-850

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In OCCA case No. F-2006-850, Jeffrey Airehart appealed his conviction for drug-related offenses. In a published decision, the court decided to reverse his termination from the Drug Court program and instructed that he be reinstated. One judge dissented. Jeffrey Airehart was removed from a Drug Court program due to several positive drug tests. The judge had previously sanctioned him for these tests by imposing short jail terms. Airehart claimed that terminating him was unfair because he had already faced penalties for the same violations. He argued that this violated laws meant to protect individuals from being punished multiple times for the same issue, known as double jeopardy. The court agreed with Airehart's first argument, stating that the Drug Court system is designed to help individuals recover by allowing for relapses and providing a structured way to deal with them rather than terminating their participation after violations. Since Airehart had already been punished, the court ruled that it was not right to terminate him again for those same actions. Regarding his second argument, Airehart said that he did not get proper notice of the grounds for his termination, which made it hard for him to prepare his defense. The court found that while the State could consider his overall performance in the program to decide on termination, the specific terminations were based on violations for which he had been already punished. Therefore, the additional reasons the State brought up were not the basis for his termination. Ultimately, the court ordered that Airehart be reinstated to the Drug Court program and that previous jail sentences related to his termination be canceled, emphasizing the importance of encouraging rehabilitation rather than simply punishing individuals who struggle with addiction.

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RE-2005-1032

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In OCCA case No. RE-2005-1032, Natalie Blades appealed her conviction for revocation of her suspended sentences. In an unpublished decision, the court decided to affirm the revocation of her suspended sentences but remanded the case to ensure that the sentences would run concurrently instead of consecutively. One member of the court dissented.

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RE-2000-251

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In OCCA case No. RE-2000-251, Appellant appealed his conviction for Lewd Molestation. In a published decision, the court decided to modify the revocation of Appellant's sentence to eight years rather than upholding the full revocation. Three judges dissented on the modification. Initially, the Appellant was given a deferred sentence and placed on probation with the requirement of attending sexual abuse counseling. After some time, his probation was revoked due to not following these rules. The court felt there was enough evidence to show he violated his probation rules. However, they believed the full revocation of his sentence was too harsh and modified it to only eight years, while still requiring him to follow the same probation rules set previously.

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