F-2017-1166
In OCCA case No. F-2017-1166, the appellant appealed his conviction for unauthorized use of a vehicle. In an unpublished decision, the court decided to affirm the acceleration of the appellant's deferred sentence. One judge dissented. The appellant, Kenneth Allen Day, was charged with two crimes: unauthorized use of a vehicle and concealing stolen property. He pleaded guilty to the first charge, and the second was dismissed. His sentence was postponed until 2021, with conditions he needed to follow during probation. However, the State later claimed he had not followed these conditions, including not reporting as he was supposed to and being involved in new criminal activity. During a hearing, it was found that he had indeed violated his probation rules. As a result, the court decided to move up the date for his sentencing, leading to a five-year prison term and a fine. The appellant argued that the court had made a mistake in this decision. However, the court found that the trial court acted within its rights and did not abuse its discretion. Thus, they confirmed the earlier decision about the appellant's sentence.