State’s Application

In OCCA case No. RE-2013-261, Harjo appealed his conviction for obtaining merchandise and cash by bogus checks. In an unpublished decision, the court decided to reverse the revocation of Harjo's remaining suspended sentences. One judge dissented. To give a bit more background, Harjo had initially entered a guilty plea to three counts of obtaining merchandise and cash with bogus checks and received suspended sentences on those counts. He was supposed to follow certain rules while on probation. However, he faced multiple issues and missed a court date, leading to a bench warrant for his arrest. Although he was later ordered to complete a drug and alcohol program, he still faced trouble and did not appear for court when required. Eventually, in 2013, the court conducted a hearing regarding his probation violations. Interestingly, the State did not present any new evidence at this hearing. Because the State admitted that it had made a mistake, the court ruled to reverse the decision made to revoke Harjo's suspended sentences. This meant that the earlier decision to punish him again was incorrect, since he had already been punished for the previous violations. In conclusion, the appeals court found that it was not right to revoke Harjo's suspended sentences based merely on earlier violations, and it decided that Harjo's sentences would remain suspended.