Sex Offender Registration

F-2018-1144

  • Post author:
  • Post category:F

In the case of William G. Epperly v. The State of Oklahoma (Case No. F-2018-1144), the Oklahoma Court of Criminal Appeals upheld the judgment and sentence imposed by the District Court of Oklahoma County. The court found that the evidence presented during Epperly's trial was admissible, and his claims of error, including issues related to hearsay, relevance, and jury instructions, did not warrant reversal of his conviction for Sexual Abuse of a Child. ### Key Points from the Court's Decision: 1. **Admission of Excited Utterance Evidence**: The court found that statements made by Tiffany Epperly (Epperly's spouse) to two witnesses fell under the excited utterance exception to hearsay, as she was under emotional stress when she reported witnessing the alleged abuse. 2. **Text Messages and Witness Testimony**: The court ruled that reading text messages sent by Sutphen to Tiffany Epperly was not hearsay because they were used to challenge Tiffany's credibility rather than to prove the truth of the matter asserted. Additionally, the testimony about Tiffany's changing demeanor was deemed relevant to the case. 3. **Witness Reading from Police Report**: Former Officer Richardson's reading from his police report, which included Tiffany Epperly's statements, was allowed because it served to impeach her trial testimony, not as hearsay. 4. **Internet Search Evidence**: The court deemed the evidence concerning Epperly's internet search about Oklahoma sex laws to be relevant, as it could suggest a consciousness of guilt. 5. **Judgment and Sentence Corrections**: The court noted that the issues regarding credit for time served and the $100 fine were resolved with an amended judgment, making that claim moot. 6. **Jury Instruction on Sex Offender Registration**: The court did not find that the failure to instruct the jury about sex offender registration constituted an error warranting relief, consistent with prior rulings. 7. **Cumulative Error Doctrine**: The court concluded that no individual errors occurred that would justify reversal and therefore found no merit in the cumulative error claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that all claims raised by Epperly were without merit. The decision illustrates the court's adherence to evidentiary rules and its support for the discretion exercised by the trial judge in admitting evidence. For more detailed information, the full opinion can be accessed [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1144_1734787047.pdf).

Continue ReadingF-2018-1144

F-2018-690

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DANIEL ROSS DAGE,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-690** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Daniel Ross Dage was convicted of Possession of Juvenile Pornography in violation of 21 O.S.2011, § 1021.2, in the District Court of Comanche County, under the Honorable Gerald Neuwirth. He was sentenced to twenty (20) years imprisonment, with eight (8) years suspended, and a fine of $5,000.00. Additionally, he is subject to sex offender registration and two years of post-imprisonment supervision during his suspended sentence. Dage appeals his conviction and sentence, raising three propositions of error. I. The record does not sufficiently demonstrate that Appellant knowingly and voluntarily waived his right to a jury trial. II. The State's evidence was insufficient to prove beyond a reasonable doubt that Mr. Dage knowingly possessed videos of juvenile pornography. III. A sentence of 20 years is excessive under the circumstances, violating the United States and Oklahoma constitutions. After thorough review of the record, including transcripts and briefs, we find that the case must be reversed and remanded for a jury trial. Proposition I is granted. The State concedes this issue. While defendants can waive their constitutional right to a jury trial, such a waiver must be competent, knowing, intelligent, and on the record, as established in *Hinsley v. State*, 2012 OK CR 11; *Valega v. City of Oklahoma City*, 1988 OK CR 101. Record evidence must show that both the State and the court consented to the waiver. The requirements for a valid waiver include an advisement of rights and a court minute reflecting the waiver, with signatures from the defendant and counsel. The record does not provide evidence of a waiver or party consent; there are no advisements regarding jury trial rights, nor discussions recorded in the trial transcript concerning the waiver. Thus, we conclude that the record fails to show Appellant validly waived his right to a jury trial. Proposition II, concerning the sufficiency of evidence, is briefly addressed. The State needed to demonstrate Dage knowingly possessed child pornography according to 21 O.S.2011, § 1021.2. Although Dage argues against the sufficiency of evidence, we find that the evidence reasonably infers Dage was aware of the prohibited nature of the material, and no other individual had reasonable access to the USB drives. Therefore, this proposition is denied. Given our decision regarding Proposition I, Proposition III concerning sentencing is rendered moot. **DECISION** The Judgment and Sentence of the District Court of Comanche County is REVERSED, and the case is REMANDED for a jury trial. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF COMANCHE COUNTY** **THE HONORABLE GERALD NEUWIRTH, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** LARRY CORRALES P.O. BOX 2095 LAWTON, OK 73502 COUNSEL FOR DEFENDANT **ATTORNEYS ON APPEAL** NANCY WALKER-JOHNSON P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT **COUNSEL FOR THE STATE** CHRISTINE GALBRAITH ASST. DISTRICT ATTORNEY COMANCHE CO. COURTHOUSE 315 SW 5TH ST., RM 502 LAWTON, OK 73501-4360 **MIKE HUNTER** ATTORNEY GENERAL OF OKLA. DIANE L. SLAYTON ASST. ATTORNEY GENERAL 313 NE 21 ST STREET OKLAHOMA CITY, OK 73105 COUNSEL FOR APPELLEE **OPINION BY KUEHN, V.P.J.** LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-690_1735220870.pdf)

Continue ReadingF-2018-690

F-2017-1019

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1019, Johnson appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm Johnson's conviction and sentence. One judge dissented. Johnson was found guilty of abusing a child and was sentenced to twenty-five years in prison. He also had to pay a fine and would be supervised after serving his time. Johnson argued that the evidence against him wasn't enough, that the jury didn't get proper instructions, that his lawyer didn't help him much, and that he didn’t know he would be on a list of sex offenders if convicted. The court looked closely at all these claims and found no significant problems. First, the court said there was enough evidence for the jury to decide Johnson was guilty beyond a reasonable doubt. Johnson claimed the actions happened because of a dream, but the jury believed otherwise. The court said that it would not change the jury's decision as they followed the law. Second, the court noted that the jury had received instructions about what would happen after Johnson was imprisoned. So, this point did not hold. Third, Johnson's claim about his lawyer not performing well was also denied. For this claim to work, Johnson would need to show that his lawyer made a serious mistake that hurt his defense. However, Johnson only gave statements about his own state of mind without clear evidence to support his claim. The court found that his lawyer did not make mistakes that harmed Johnson's case. Next, the court looked at the claim about sex offender registration. Johnson said the jury should have been told more about this, but he never asked for this instruction during the trial. The court decided there was no clear error because they had already ruled on this issue in past cases. Finally, the court dismissed Johnson's claim about the combined effects of the errors. Since they found no significant errors, they concluded that his right to a fair trial had not been violated. In the end, the court upheld Johnson's conviction and sentencing, affirming the judgment made by the lower court.

Continue ReadingF-2017-1019

F-2017-356

  • Post author:
  • Post category:F

In OCCA case No. F-2017-356, Elizabeth A. Jennings appealed her conviction for Permitting Child Sexual Abuse. In an unpublished decision, the court affirmed her conviction. One judge dissented. The case took place in Tulsa County, where Jennings was found guilty of allowing child sexual abuse to happen, which is against the law. The jury decided she should go to prison for 14 years. She was very unhappy about this and wanted to challenge the ruling. Jennings raised three big points in her appeal: 1. She said the prosecutor made a wrong hypothetical question during jury selection, which is called voir dire, and that this violated her rights. 2. She also argued that a lot of evidence was shown about her co-defendant's sexual misconduct, which she thought made it hard for her to get a fair sentence. 3. Lastly, she complained that the judge didn't tell the jury that she would have to register as a sex offender after her conviction, which she thought was an important piece of information. The court looked at everything carefully, including the evidence, the transcripts, and the arguments from both sides. It decided that Jennings did not deserve any relief from her conviction based on her arguments. For the first point, the court said that the prosecutor's question was okay. It was meant to see if jurors could be fair and follow the law without making decisions before hearing all the evidence. In the second point, the court agreed that the evidence about the co-defendant was relevant and helped to show Jennings' knowledge of the situation. The court found that this evidence was not unfairly hurtful to her case. On the third point, the court decided that it was not wrong for the judge to skip giving out the information about sex offender registration because it wasn't necessary for the case. In the end, the court upheld Jennings' sentence of 14 years in prison. The judges considered all the arguments but concluded that everything was handled correctly during the trial.

Continue ReadingF-2017-356

F-2017-851

  • Post author:
  • Post category:F

In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.

Continue ReadingF-2017-851

RE-2016-1049

  • Post author:
  • Post category:RE

In OCCA case No. RE-2016-1049, George appealed his conviction for violating the conditions of his probation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence in one case and reversed the revocations in three other cases with instructions to dismiss. One judge dissented. George had a history of criminal activity, including a guilty plea to second-degree statutory rape. He received a sentence with parts suspended, allowing him to leave prison if he followed probation rules, including not having contact with minors. This became an issue when George was found to be in contact with his biological son, which he claimed was unconstitutional since he was not the victim of his previous crime. During a hearing, evidence showed that George was discovered with a child, and while he later claimed that it was his son, the court found that the state proved he violated his probation by having contact with a minor. The court affirmed the revocation in the case where this violation occurred, stating that a single violation is enough to revoke probation. However, George was also accused of failing to pay court costs in three other cases. The court decided that there wasn’t enough evidence to prove he failed to pay, thus reversing the decision to revoke his probation in those cases. The court instructed the lower court to dismiss those revocations. This decision recognized the importance of proving probation violations with solid evidence, especially regarding financial obligations.

Continue ReadingRE-2016-1049

F-2015-963

  • Post author:
  • Post category:F

In OCCA case No. F-2015-963, Daniel Bryan Kelley appealed his conviction for Rape by Instrumentation and Assault and Battery. In an unpublished decision, the court decided to affirm the conviction for Assault and Battery but reversed the conviction for Rape by Instrumentation and remanded for resentencing. One judge dissented. Kelley was found guilty by a jury of committing rape and an assault. The crimes occurred in Tulsa County. The jury recommended a sentence of 20 years for the rape and a 90-day sentence for the assault, which would happen at the same time as the longer sentence. Kelley appealed for several reasons. Firstly, Kelley argued that he should have been allowed to present evidence that the victim had previously said the crime happened somewhere else. The court found this request did not violate his rights. The court also ruled that other evidence, including statements from witnesses, was presented correctly according to the law. Kelley further claimed that the detective’s testimony included hearsay and should not have been allowed. The court disagreed, stating that the testimony did not qualify as hearsay because it was not offered to prove the truth of the matter. He also objected to the admission of a Kansas judgment that concerns his past criminal record. The court found that the state failed to prove that this past conviction should be used to increase his sentence as a felony under Oklahoma law, which was a significant factor in the decision to remand for resentencing. Kelley argued that the prosecutor made mistakes during his closing arguments, but the court didn’t find enough errors to affect his right to a fair trial. On the matter of whether Kelley received effective help from his lawyer, the court determined that no deficiencies were present that impacted his case. The final summary was that while Kelley’s conviction for Assault and Battery remained intact, the conviction for Rape by Instrumentation was reversed due to a lack of sufficient evidence regarding his previous crime, leading to a mandate for resentencing.

Continue ReadingF-2015-963

F-2016-461

  • Post author:
  • Post category:F

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.

Continue ReadingF-2016-461

F-2014-1078

  • Post author:
  • Post category:F

In OCCA case No. F-2014-1078, Robert Bradley Champlain appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his judgment and sentence but vacated the imposition of post-imprisonment supervision. One judge dissented. The case involved allegations against Champlain for inappropriate conduct with a minor, and a jury found him guilty. Each count resulted in a recommendation for life imprisonment, to be served consecutively. Champlain raised several arguments on appeal, claiming errors in the trial process, including the imposition of consecutive sentences as a punishment for opting for a jury trial and issues regarding evidence of his past convictions. The court did not find merit in these claims. It clarified that the determination of consecutive versus concurrent sentences is within the trial court's discretion. The court also concluded that prior felony convictions had been proven properly, with no significant errors affecting Champlain's rights during the trial. They explained that the State's evidence was sufficient for the jury to uphold the conviction. Champlain also argued that the conduct of the prosecution and the trial court's instructions were unfair. However, the court stated that the issues raised did not prove any misconduct that made the trial fundamentally unfair. His claims regarding ineffective assistance from his counsel were also dismissed, as the court did not see a failure that affected the outcome of the trial. While Champlain did receive life sentences, the court vacated the post-imprisonment supervision, stating it was not applicable in cases of life sentences. In conclusion, the court affirmed the conviction and sentence while correcting certain references related to the timing of the offenses.

Continue ReadingF-2014-1078

F-2015-457

  • Post author:
  • Post category:F

In OCCA case No. F-2015-457, Christopher Wayne Goldman appealed his conviction for First Degree Rape, Rape by Instrumentation, Forcible Sodomy, and Incest. In a published decision, the court affirmed the convictions for the first three counts but reversed and dismissed the conviction for Incest. One member of the court dissented. Goldman was found guilty of serious crimes related to sexual offenses against his niece. The jury recommended prison sentences that ran together for counts related to rape, sodomy, and separately for the count of incest. Goldman raised several issues in his appeal. He argued that there wasn’t enough evidence to prove his guilt for some charges, that unfair evidence was presented, that the prosecutor acted improperly, and that he did not receive adequate help from his attorney during the trial. The court agreed that the incest conviction should be reversed because it was based on the same act as the rape, which is not allowed by law. This meant Goldman was improperly punished for two things for doing one act, which is unfair. However, the court found sufficient evidence to support the convictions for First Degree Rape and Forcible Sodomy, stating that a jury could reasonably decide he was guilty based on the evidence presented. Goldman's claims about the prosecution and defense lawyer's conduct were reviewed, but the court found that the lawyers acted within their rights. The evidence of Goldman’s behavior after he was accused, which included uncomfortable actions in a police room, was allowed in the trial since it showed his possible guilt. In conclusion, while Goldman did not get relief for all his claims, the court recognized an important mistake about the incest charge and fixed it by not allowing that conviction to stand.

Continue ReadingF-2015-457

RE-2014-96

  • Post author:
  • Post category:RE

In OCCA case No. RE-2014-96, Blackwell appealed his conviction for Child Abuse. In a published decision, the court decided to affirm the revocation of Blackwell's suspended sentence but remanded the case to determine whether Blackwell is entitled to credit for time served as a Youthful Offender. One member of the court dissented. Blackwell was charged with First Degree Rape but later pleaded guilty to Child Abuse, and his sentence was delayed for five years on probation. After violating several terms of his probation, the state requested to revoke his suspended sentence. Blackwell claimed that the court did not have the right to revoke his sentence because he argued he was a youthful offender and that his adult conviction was improper. The court explained that the appeal focused on if the revocation was valid rather than the underlying conviction's correctness. Blackwell’s claims related to his conviction need to be addressed through a different legal process, not this appeal. The court also pointed out that issues about the correctness of laws mentioned in the documents were not within their authority to correct in this appeal. Additionally, Blackwell argued that his entire sentence revocation was too harsh. However, the court mentioned that breaking even a single probation rule is enough to revoke the suspended sentence. Finally, Blackwell maintained he should get credit for the days he spent under juvenile custody, and the court agreed to look into this matter further, sending the case back for clarification on this issue. They affirmed the revocation overall but allowed for the investigation into how much credit Blackwell should receive.

Continue ReadingRE-2014-96

J-2014-108

  • Post author:
  • Post category:J

In OCCA case No. J-2014-108, C.E.B. appealed his conviction for Lewd Molestation and First Degree Rape. In a published decision, the court decided to reverse the lower court's sentencing order. A dissenting opinion was not noted. C.E.B. was charged as a youthful offender when he was only 15 years old for serious offenses involving a younger relative. He initially pleaded guilty to these charges and was sentenced to a rehabilitation program rather than prison. His time in the program was monitored by the Office of Juvenile Affairs, which recommended that he could successfully complete his treatment. The court emphasized that upon successful completion, charges could be dismissed. Despite showing progress and completing his treatment program, the District Court later sentenced C.E.B. to prison as an adult, which contradicted the earlier agreements regarding his rehabilitation. The State had initially indicated that his completion of the program would lead to dismissal, yet pursued a harsher sentence instead. The Appeals Court found that the lower court abused its discretion. C.E.B. had completed his rehabilitation successfully, and there was no extensive evidence to suggest he posed a threat that would require adult sentencing. The State failed to follow the proper procedures for transferring him to adult custody and should not have ignored the earlier agreements about his rehabilitation. Ultimately, the court ordered that C.E.B.'s case be dismissed, his name removed from the sex offender registry, and that his record be expunged. He was to be released from custody right away, confirming the importance of fair legal processes, especially for youthful offenders.

Continue ReadingJ-2014-108

S-2013-413

  • Post author:
  • Post category:S

In OCCA case No. S-2013-413 & 415, Mark Anthony Herfurth appealed his conviction for Failure to Register as a Sex Offender and Sex Offender Living within 2000 feet of a School. In an unpublished decision, the court decided to affirm the lower court's ruling that dismissed the charges against Herfurth. One member of the court dissented. Herfurth was charged in the District Court of Cleveland County. He initially pled guilty to Indecent Exposure in 1995 and was required to register as a sex offender for a certain period. Over the years, changes in the law increased registration times, and Herfurth was reclassified without a clear indication that the new rules applied to his case. The court found the law change was not meant to be retroactive, meaning it could not be applied to him for actions that took place before the law changed. The court concluded that the dismissal of the charges by the District Court should stand, and therefore Herfurth's conviction was overturned. The dissenting opinion disagreed, arguing that the laws should also be based on current requirements and should not shield offenders from prosecution for failing to comply with updated registration laws. The dissent emphasized that failing to register under the laws in effect at the time should still be a chargeable offense.

Continue ReadingS-2013-413

F-2007-767

  • Post author:
  • Post category:F

In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

Continue ReadingF-2007-767

RE-2006-1322

  • Post author:
  • Post category:RE

In OCCA case No. RE-2006-1322, a person appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to reverse the District Court's revocation of his suspended sentence and instructed the District Court to vacate the sentence imposed. One judge dissented. The case began when the person entered a guilty plea in 2001 for First Degree Rape. He was originally sentenced to seven years in prison, with three years served and the rest suspended, meaning he would be on probation under certain conditions. In 2006, the state filed a motion to revoke his suspended sentence because he did not register as a sex offender, did not pay his probation fees, and did not pay fines. After a hearing, the court revoked his suspended sentence entirely. The person argued that his sentence was illegal because he was treated as a youthful offender, which is for younger people who commit crimes. He maintained that he should not have been sent to an adult prison. The court found that he had been correctly charged as a youthful offender and that the state did not follow proper procedures to change his status. The court also ruled that the lower court committed an error by sentencing him as an adult instead of as a youthful offender, which was against the law. Since he was now older, they could not send him back for new sentencing as a youthful offender, and the original sentence needed to be canceled. In summary, the appellate court acted to correct the mistakes made in the original sentencing, showing that legal procedures must be followed when sentencing individuals, especially those classified as youthful offenders.

Continue ReadingRE-2006-1322

RE-2004-593

  • Post author:
  • Post category:RE

In OCCA case No. RE-2004-593, the Appellant appealed his conviction for revoking his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify the length of the sentence. One judge dissented. The case began when the Appellant, after pleading guilty to Sexual Battery, was sentenced to five years in prison, which was suspended under certain conditions. However, he did not follow these conditions, leading to the State filing a motion to revoke his suspended sentence multiple times. Initially, the Appellant missed treatment sessions, failed to pay necessary fees, and showed a lack of effort to engage in his treatment. After some violations, he had a short revocation of sixty days. Later, the State found he had violated other conditions, such as not registering as a sex offender and changing his residence without informing his probation officer. During the hearing, the judge decided that the Appellant had not followed the rules, thus revoking his suspended sentence and requiring him to serve five years in prison. The Appellant argued that since he had already lost sixty days, his remaining time should be less than five years. The State agreed, stating it should be four years and ten months instead. The court acknowledged the Appellant’s previous short revocation and made the necessary adjustment to his sentence length. Although the Appellant argued the full revocation was too harsh, the court upheld the trial judge’s decision, stating that it was within their discretion to revoke the sentence based on the Appellant's repeated failures to comply with probation rules. In conclusion, the court upheld the decision to revoke the Appellant's remaining suspended sentence but corrected the duration of time he was required to serve.

Continue ReadingRE-2004-593