Suspended Sentences

RE-2015-844

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In OCCA case No. RE-2015-844, Cully appealed his conviction for Larceny of an Automobile, Driving Under the Influence of Alcohol, and Driving Without A License. In an unpublished decision, the court decided to affirm the revocation of Cully's suspended sentences. One judge dissented. Cully had entered a guilty plea in 2008 and was given suspended sentences in 2010. Later, he faced allegations of violating his probation, which led to a hearing and the eventual revocation of his suspended sentences in 2015. Cully claimed that the court should have specified that his sentences were to be served concurrently, and that the addition of post-imprisonment supervision was not allowed for him. The court concluded that while it could not add post-imprisonment supervision to his sentence due to the timing of the laws, the decision to revoke his suspended sentences was valid. Cully's request for a change to the order to show that his sentences were to be served concurrently was denied, and the case was sent back to the District Court to correct the judgment as per the court's rules.

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RE-2014-1030

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In OCCA case No. RE-2014-1030, Ronnie Eugene Woods appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug with Intent to Distribute, Falsely Personate Another to Create Liability, and Driving with License Cancelled, Suspended, or Revoked. In an unpublished decision, the court decided to modify the order of the District Court regarding Woods' sentences, ensuring that they would be served concurrently instead of consecutively. One judge dissented from this decision.

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RE-2014-743

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In OCCA case No. RE-2014-743, the appellant appealed his conviction for attempted manufacturing of a controlled dangerous substance (methamphetamine), first-degree arson, and child endangerment. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences for some charges but vacate the revocation for one charge due to a prior dismissal. The case began when the appellant, on November 3, 2010, pleaded guilty to several charges, including attempting to manufacture methamphetamine. He was sentenced to serve time but was given a chance to have his sentences suspended if he followed probation rules. However, in August 2012, the state claimed the appellant violated these rules by not living in a sober facility and testing positive for drugs. The appellant admitted to these violations but was given another chance to comply with the probation terms. Later, the state filed another application to revoke his suspended sentences, alleging he committed new crimes, including kidnapping. A revocation hearing was postponed multiple times, eventually taking place in 2014. The court decided to revoke all of his suspended sentences except for one, which had been dismissed earlier. The appellant raised several arguments in his appeal. He claimed that the court did not have the right to revoke his sentences since the revocation hearing was delayed beyond the allowable time. He also argued that the court should not have revoked his sentence related to the dismissed charge and said he didn’t receive proper help from his attorney. The court found that while the appellant was correct about the dismissal of one charge, the other violations justified the revocation of his sentences. The court determined that the initial confession of violations was enough for the revocation and that the appellant had not shown neglect of care by his attorney on the other claims. As a result, the court affirmed the decision to revoke the sentences for the charges that were still valid but agreed to cancel the revocation related to the dismissed count. The case was sent back to the lower court to correct the record about the dismissed charge. Overall, the court's findings led to a mixed outcome for the appellant, maintaining some penalties while recognizing the error regarding the dismissed charge.

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RE-2014-575

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In OCCA case No. RE-2014-575, Jason Duane Barnes appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the decision to revoke his suspended sentences. The judges noted that the evidence was not enough to support the revocation because the prosecution failed to show that the judgment related to his new crime was final. One judge dissented.

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RE-2014-392

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In OCCA case No. RE-2014-392, the appellant appealed his conviction for lewd molestation and rape in the first degree. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences, but they vacated the one-year period of post-imprisonment supervision. One judge dissented.

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RE-2013-635

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In OCCA case No. RE-2013-635, Bradberry appealed his conviction for the revocation of his suspended life sentences. In an unpublished decision, the court decided to reverse the full revocation and modify it to a ten-year revocation instead. One judge dissented. Bradberry was given suspended life sentences for failing to register as a sex offender and living near a school. He was on probation for less than two weeks when the state accused him of not reporting to his probation officer and not providing proof of employment or treatment. The trial judge decided to revoke his sentences completely due to these violations. Bradberry argued that the judge made a mistake by revoking his sentences in full, claiming it was excessive. The appeals court agreed that the judge abused his discretion, especially since many of Bradberry’s previous issues happened before his new sentencing. They found that the most significant reason for the revocation was his failure to report, which they believed did not warrant a full revocation. In the end, the appeal court decided that Bradberry’s suspended sentences should be modified. Instead of serving a life sentence, he would have to serve ten years of his suspended time. One judge disagreed with this decision and believed the full revocation was justified because Bradberry had not met his probation requirements.

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RE-2013-409

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In OCCA case No. RE-2013-409, Adkins appealed his conviction for probation violations. In an unpublished decision, the court decided to affirm the revocation of some of his suspended sentences but ruled that the judge could not deny him good time credits while serving his time. One judge dissented.

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RE-2012-0835

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In OCCA case No. RE-2012-835, Lon Adam Smith appealed his conviction for assault and battery with a dangerous weapon, domestic abuse, and possession of a firearm after a felony conviction. In a published decision, the court decided to reverse the sentences and send them back to the district court for changes. One judge dissented. The case involved three separate convictions against Lon Adam Smith, who had initially entered pleas of no contest to the charges. His sentences were suspended as long as he successfully completed certain rehabilitation programs. However, after some time, the state claimed Smith had not followed through with these programs, which led to a hearing where Smith admitted to the violations. During the revocation hearing, the judge revoked Smith's suspended sentences and imposed longer terms of imprisonment, which raised concerns about whether these new sentences were valid given the original ones. The main issue was that the original sentences had been improperly processed. The judge had not followed the correct procedures for delaying the imposition of sentences as required by law. The court found that Smith's original sentences were improperly extended due to the judge's actions at the revocation hearing. It was determined that since Smith's initial sentences were set on a specific date, any new sentences imposed could not exceed the original terms. Therefore, the court ruled that the revocation sentences needed to start from the date of the original sentences. In the end, the court reversed the judge's decision, which meant that Smith's sentences had to be adjusted to reflect the proper starting dates and terms. The court ordered the district court to amend the sentences accordingly. This decision helps ensure fairness in the legal process and clarifies how long someone can be sentenced for violations of probation.

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F-2012-732

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In OCCA case No. F-2012-732, Omar Sharrod Pollard appealed his conviction for Unlawful Distribution of a Controlled Dangerous Substance (crack cocaine). In an unpublished decision, the court decided to affirm Pollard's conviction but modified his sentence. One Justice dissented. Here’s a breakdown of what happened in this case: 1. **Background**: Pollard was tried by a jury and found guilty of selling crack cocaine. He had prior felony convictions, which were used to enhance his sentence. The jury decided on a punishment of forty years in prison. 2. **Issues on Appeal**: Pollard raised several points in his appeal: - He claimed that he did not receive a fair trial due to the admission of multiple felony convictions from the same event to enhance his sentence. - He alleged prosecutorial misconduct that he believed made his trial unfair. - He argued that he did not receive effective help from his lawyer during the sentencing phase. - He said that information about his previous suspended sentences should not have been shared with the jury during the trial. - He questioned whether there was enough evidence for his conviction. - He thought his sentence was too long. - He claimed the accumulation of errors in his trial prevented a fair process. 3. **Court's Findings**: The court reviewed Pollard's claims. They concluded that while he did not need to reverse the conviction, his sentence needed to be adjusted. The court acknowledged two specific errors concerning how the State presented Pollard's prior convictions and the details of his past sentences to the jury. 4. **Errors Identified**: - It was wrong for the jury to hear about Pollard’s multiple felony convictions from the same incident. The law states that for estimating punishment, the jury should only be aware of one conviction from a single event. - Additionally, disclosing that some of his previous sentences were suspended was inappropriate. This information could have biased the jury against him and influenced their decision on sentencing. 5. **Conclusion**: The court felt that these mistakes likely swayed the jury's decision on Pollard's punishment. Therefore, they decided to reduce Pollard's prison sentence from forty years to twenty-five years. The judgment of the district court was affirmed, but Pollard's sentence was modified to a lesser term of 25 years in prison.

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RE-2012-1032

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In OCCA case No. RE-2012-1032, Jacob Keith Meyer appealed his conviction for possession of a controlled substance and grand larceny. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for some charges but remanded for a lawful sentence on one count. One judge dissented. Jacob Keith Meyer had pleaded guilty to four different charges, including possession of methamphetamine and grand larceny, and was given a sentence of eight years in prison, with five years suspended. This meant he would only have to serve the first five years right away, while the rest would be postponed under probation rules. However, in 2012, the State accused him of violating his probation by committing new crimes, which led to a hearing to determine whether he truly violated the terms of his probation. During the hearing, it was shown that contraband, including marijuana, was found in a mattress from the jail cell where Meyer had been sleeping. The evidence suggested that Meyer was aware of the contraband since it was hidden inside the mattress he was lying on. Although Meyer challenged the evidence, stating that it wasn't sufficient to prove he violated probation, the court believed there was enough proof to support the revocation of his suspended sentences for three of the four charges. However, Meyer’s sentence for the first count in one of the cases was too long according to the law, so the court decided to send that particular charge back to the lower court to set a proper sentence. This decision meant that while Meyer would still have his other sentences revoked, the court would not enforce the invalid sentence associated with the larceny charge for the amount it exceeded legal limits. The court ultimately ruled that it had the authority to affirm some parts of Meyer’s case while needing to correct others where the law had been misapplied.

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RE-2013-279

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In OCCA case No. RE-2013-279, the appellant appealed his conviction for driving under the influence of alcohol and transporting an open container of liquor. In an unpublished decision, the court decided to reverse the revocation of the appellant's suspended sentences, stating that the trial court lost jurisdiction because it did not hold the revocation hearing within the required twenty days after the appellant entered his plea. The decision was made without needing to address the other arguments raised by the appellant. One judge dissented.

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RE-2013-261

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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.

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RE 2012-0575

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In OCCA case No. RE 2012-0575, Greenlow appealed his conviction for several offenses, including unlawful possession of a controlled substance and false impersonation. In an unpublished decision, the court decided to affirm the revocation of Greenlow's suspended sentences but ordered a remand to modify one of his sentences due to it being longer than the law allows. One judge dissented.

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RE 2012-0259

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In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

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RE-2011-138

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In OCCA case No. RE-2011-138, the appellant, a man named Steven Wayne Robertson, appealed his conviction for several felonies. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified one of his sentences to a lower term of imprisonment. One judge dissented. Robertson had pleaded guilty to serious crimes including aggravated assault and battery, assault with a dangerous weapon, and other offenses. He had been sentenced to fifteen years in prison, but the execution of that sentence was suspended, meaning he wouldn’t serve time if he followed certain rules in a special program. Later, the state stated that Robertson had broken the rules of the program. He had failed several drug tests and had some run-ins with the law. The judge held a hearing to look into these claims. The evidence showed that Robertson was not following the program's rules and was not cooperating with mental health services. When the judge decided to revoke Robertson’s suspended sentence, he explained that he believed that enough evidence supported this decision. The court also looked at whether original sentences were too long. It was decided that, for the aggravated assault and battery charge, the length of the sentence was more than what the law allowed. Ultimately, while the court upheld the decision to revoke Robertson's sentence for breaking the program rules, they changed his original sentence for one of the charges to the correct legal maximum allowed.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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RE-2010-293

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In OCCA case No. RE-2010-293, Downs appealed his conviction for a probation violation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. Downs had entered guilty pleas for several crimes in 2004, which included assault and possessing controlled substances. After completing part of his sentence in 2006, some of his time was suspended, meaning he would not have to serve it if he followed the rules of probation. However, in 2008, the State accused him of violating his probation because he was arrested for a new crime. A hearing took place in 2010 where evidence was presented, and the judge found that the State proved Downs had violated his probation. As a result, all of his suspended sentence was revoked. Downs raised several arguments in his appeal, saying the trial judge made mistakes that affected his case. He claimed he was not given enough time to prepare his defense, that the evidence against him was not strong enough, and that he was not allowed to confront witnesses. He also argued that the revocation was for too long and that the judge didn't have the right to revoke his sentence. The court examined each of Downs' claims. They found that it was reasonable for the judge to deny a continuance for more time to prepare, and that the evidence at the hearing was enough to support the revocation of his probation. They also stated that Downs had waived his right to a quick hearing, meaning the 20-day rule that he mentioned did not apply. In the end, the court did agree that there was a small mistake in the length of time noted for the revoked sentence, which needed to be corrected. However, they affirmed the decision to revoke all of Downs' suspended sentences. Thus, the court ordered that a corrected record be made to show the right amount of time for his sentences. The judges all generally agreed on the decision, but one judge had a different opinion.

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RE-2010-512

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In OCCA case No. RE-2010-512, Christopher Lee Anthony appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the revocation of Anthony's suspended sentences and ordered a new hearing. One judge dissented. The case started when Anthony pled guilty to several charges and was given suspended sentences, meaning he wouldn’t serve time if he followed the rules of his probation. However, the State accused him of breaking those rules by not following a court report and not showing up for court. After the State filed to revoke his sentences, Anthony was given an attorney but later posted bail. The judge then told him he needed to either find his own lawyer or represent himself. During the hearing, Anthony didn't have a lawyer and argued his case on his own. The judge found that he had violated probation and took away his suspended sentences. Anthony then appealed, claiming the judge made a mistake by not allowing him a court-appointed attorney just because he posted bail. The court agreed that the judge should have checked to see if Anthony could afford a lawyer and had not properly addressed Anthony's right to counsel. They ruled that the revocation of Anthony's sentences must be undone, and there should be a new hearing with a proper inquiry about his finances and legal representation.

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RE-2010-431

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In OCCA case No. RE-2010-431, Edwards appealed her conviction for QUERKing a Forged Instrument. In an unpublished decision, the court decided that while Edwards' five-year suspended sentences were properly revoked, the District Court mistakenly ordered the sentences to run consecutively instead of concurrently. The court agreed with the State's request to remand the matter for re-sentencing to align with the original judgment. No dissenting opinion was filed.

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RE-2009-1019

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In OCCA case No. RE-2009-1019 and RE-2009-1020, the appellant appealed his conviction for the revocation of his suspended sentences. In an unpublished decision, the court decided to modify the full revocation of his seven-year suspended sentences to a three-year revocation with four years remaining suspended. One judge dissented. The case involved the appellant, who had previously pleaded guilty to multiple drug charges and received a suspended sentence. Later, the State accused him of violating his probation by committing new crimes. The judge found enough evidence to revoke his entire suspended sentence, which the appellant contested. The appellant argued that a small amount of marijuana found in a car he was driving was not enough to prove he controlled it because it was not his car. He also claimed that revoking his entire sentence was too harsh and should be changed. However, the court upheld the judge's finding that the appellant indeed had control over the marijuana since he was driving the car alone and had acknowledged ownership of the drug paraphernalia in the car. The court found merit in the appellant's argument about the harshness of the punishment because the reasons for revoking the full sentence were incorrect. The judge had based his decision on prior allegations that didn't hold up to factual scrutiny during the revocation hearing. The violations were also deemed minor and were not even prosecuted. In the end, the court decided to cut the original seven-year full revocation down to three years while keeping four years suspended, demonstrating that the punishment still reflected the violations but was fairer given the circumstances.

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RE-2008-1001

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In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.

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RE 2007-0484

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In OCCA case No. RE 2007-0484, Shaun Lee Gessel appealed his conviction for multiple charges including unauthorized use of a motor vehicle and threatening a witness. In a published decision, the court decided to affirm the revocation of his suspended sentences but ordered the cases to be sent back to the District Court for re-sentencing to fix the errors related to how the sentences were to run. One member of the court dissented.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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RE 2006-0482

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In OCCA case No. RE 2006-0482, Juston Dean Cox appealed his conviction for multiple charges related to the concealment of stolen property and other offenses. In an unpublished decision, the court decided to affirm the revocation of Cox's suspended sentences but remanded the cases for resentencing to correct the terms to what was originally ordered. One judge dissented.

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RE-2006-246

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In OCCA case No. RE-2006-246, the appellant appealed his conviction for several offenses involving credit cards and a weapon. In a published decision, the court decided to reverse the revocation of the suspended sentences for the credit card offenses but affirmed the revocation of the suspended sentence for the weapons offense. One judge dissented. The appellant had pleaded guilty to multiple charges, including possession of a stolen credit card and using a weapon. He was sentenced to prison but his sentences were suspended, meaning he would not serve time if he followed the rules. Over time, the court decided to revoke some of this suspended time, claiming that he violated the conditions of his release. The main point of disagreement was whether the appellant had violated the terms of his suspended sentences and if the court was right to impose harsher penalties. The court found that for the first case, the timing meant the sentences had already lapsed before the state could take action, so that part was reversed. However, for the weapons offense, the court decided that enough evidence was presented to support revoking the suspended sentence, even considering the appellant’s claims about mental health issues. The judges had different views on the fairness and reasons behind the court's decisions on these matters, leading to the dissenting opinion.

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