F 2004-1002

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In OCCA case No. F 2004-1002, Benny Paul McCartney appealed his conviction for attempted manufacturing of a controlled dangerous substance, possession with intent to distribute, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to affirm his convictions for the first two counts but to reverse and dismiss the third count due to double jeopardy concerns. One judge dissented regarding the reversal of the third count, arguing that the appellant violated two different laws and should be held accountable for both.

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RE-2004-584

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In OCCA case No. RE-2004-584, Sarah Mae Jones appealed her conviction for possession of a controlled dangerous substance (cocaine). In a published decision, the court decided to affirm the revocation of her suspended sentence but modified it to reflect two years and ten months instead of the full sentence. One dissenting opinion was noted. Sarah Mae Jones had initially entered a guilty plea on October 18, 2001, for possession of cocaine and was sentenced to three years in prison, which was suspended. This meant she wouldn't have to serve time in jail if she followed certain rules. However, after violating her probation, she had parts of her suspended sentence revoked on two different occasions. The first revocation happened because she did not meet some requirements like reporting in person, maintaining a job, and avoiding illegal drugs. This led to a 60-day revocation. The second time, in March 2004, the state argued that she had again broken the rules of her probation. The court held another hearing where the judge decided to revoke her entire suspended sentence. On appeal, Jones claimed there wasn't enough evidence to support the complete revocation of her sentence. However, the court found that her own admissions during the hearing showed she had indeed violated her probation terms, which justified the judge’s decision. They explained that proving a violation only needs to show that it was likely she broke the rules, not to have a witness directly see it happen. In her second argument, Jones said the decision to revoke her entire suspended sentence without giving her credit for time already served was too harsh. The state agreed with her on this point, and upon reviewing her case, the court modified the revocation to two years and ten months, accounting for the time she had already spent under the suspended sentence. In conclusion, the court upheld the decision to revoke her suspended sentence but adjusted the length of that sentence to better reflect the circumstances.

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