RE-2011-710
In OCCA case No. RE-2011-710, Jermaine Richard Newton appealed his conviction for two counts of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to modify the revocation order of his suspended sentences to time served. One judge dissented. Newton had originally pleaded guilty to the charges and was given a ten-year suspended sentence, which meant he would not go to prison right away as long as he followed certain rules. One of the rules was that he could not break any laws. Later, he was accused of violating a protective order that had been put in place to keep him away from a specific person. The court examined whether there was enough evidence to show that Newton had broken the order. They found that there was enough proof that he had violated the order by being near the person it was intended to protect. The court also looked at whether the decision to revoke his suspended sentences was fair or too harsh. The judges noted that he was young and hadn't been in trouble before this violation. They concluded that sending him to prison for the full ten years was not necessary since he hadn't done anything very dangerous lately. In the end, the court decided he should not serve the full ten years but should instead be given a second chance, and they ordered that he should be returned to probation. The judges who agreed with this decision believed it was a fair outcome. However, one judge disagreed and felt that the original decision to revoke his suspended sentences should stand.