Structural Error

RE-2017-964

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2017-964** **Antonio Depew Rhone, Appellant** **State of Oklahoma, Appellee** **Filed: April 4, 2019** **Summary Opinion:** Judge Hudson delivers the opinion of the court, affirming the revocation of Rhone's suspended sentence. ### Background: - On May 19, 2004, Antonio Depew Rhone pleaded guilty to Robbery with a Firearm and Kidnapping. - He received a 20-year sentence for the robbery (12 years suspended) and a concurrent 10-year sentence for kidnapping. - In July 2016, the State filed a motion to revoke his suspended sentence due to multiple probation violations, including new criminal charges. - After a revocation hearing on July 10, 2017, the District Court revoked Rhone's suspended sentence in full. ### Propositions of Error: 1. **Denial of Counsel of Choice:** Rhone claimed the trial court erred by not allowing him to hire his chosen attorney and denied his motion for a continuance. The court found no abuse of discretion, noting that Rhone had ample time to secure counsel but did not do so and had not shown any conflict with the appointed counsel. 2. **First Amendment Rights:** Rhone argued that his Facebook posts, which included threats, constituted protected speech. The court noted that Rhone did not object to the evidence's admissibility at the hearing, limiting review to plain error. The court ruled the statements were threats and not constitutionally protected speech. 3. **Insufficient Evidence for Revocation:** Rhone asserted the evidence against him was insufficient to support his revocation based on new criminal charges and other alleged probation violations. The court found that the State only needed to prove violations by a preponderance of the evidence and was satisfied the evidence presented justified the revocation. 4. **Abuse of Discretion in Revocation Decision:** Rhone contended that completely revoking his suspended sentence was excessive. The court reiterated that even one violation can justify a full revocation and found no abuse of discretion in the trial court's decision. ### Decision: The court affirmed the District Court's decision to revoke Rhone's suspended sentence. **Concurring Opinion (Kuehn, V.P.J.):** Kuehn concurred with the result, emphasizing that the evidence for the new drug charge alone justified the revocation. The other propositions were deemed moot. Kuehn agreed with the majority's analysis regarding the First Amendment claim, concluding there was no error in charging Rhone for his statements. **Conclusion:** The Oklahoma Court of Criminal Appeals upheld the revocation of Rhone’s suspended sentence, affirming the trial court's findings and rulings across all raised propositions. **[Download PDF of the full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-964_1734708773.pdf)**

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F-2017-189

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In OCCA case No. F-2017-189, William Todd Lewallen appealed his conviction for Child Neglect, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. A dissenting opinion was not recorded. Lewallen was found guilty in a previous trial and sentenced to twenty-three years in prison. He appealed this sentence, and the court decided to change the sentence to fourteen years during a resentencing trial. Lewallen wanted to testify during this resentencing but was not allowed to do so by the trial court. This decision led to Lewallen's appeal. Lewallen claimed that not allowing him to testify was a serious mistake called structural error, which means it affected the fairness of the entire trial process. However, the court explained that most errors in trials can be harmless unless they are structural errors. The court ultimately found that Lewallen's case did not involve what would be classified as structural error. The court noted that while everyone has the right to present a defense and testify, this right has limits and must follow the rules of court. In Lewallen's case, his request to testify was denied because the court believed it didn't relate to the sentencing phase of his case. The court held that his testimony would not change the outcome of the sentencing because it was not relevant to the issues that the jury was deciding at that time. The decision emphasized that the resentencing was not a chance to revisit the guilt or innocence of Lewallen, as he was already found guilty. The new jury was only tasked with deciding how long his punishment should be based on what they learned from the original trial. In summary, the court affirmed Lewallen's new sentence and ruled that there were no errors that would affect the outcome of the case, including the denial of his request to testify.

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F 2004-582

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In OCCA case No. F 2004-582, Ryan Golden appealed his conviction for First Degree Murder. In a published decision, the court decided that he was entitled to a new trial because he was not given the correct number of chances to challenge jurors. The ruling was that the trial court's mistake was serious enough to affect the fairness of the trial, and because of this error, the original sentence was reversed and a new trial was ordered. One judge dissented, arguing that there should have been a demonstration of actual prejudice or harm caused by the mistake.

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