Termination

F-2018-1004

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SHANNON SHEREE JOHNSON,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1004** **FILED FEB 13, 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** On April 18, 2017, Appellant Shannon Sheree Johnson entered a plea of guilty in Oklahoma County District Case No. CF-2015-8771. The trial court delayed her sentencing in this case and suspended the probation requirements for her prior cases—CF-2013-2846, CF-2014-1596, and CM-2015-1832—pending successful completion of the Oklahoma County Mental Health Court program. According to the plea agreement, if Appellant did not successfully complete the Mental Health Court, the trial court would revoke her suspended sentences in Case Nos. CF-2013-2846 and CF-2014-1596, convert her deferred sentences to convictions with a one-year prison sentence in Case No. CM-2015-1832, and impose concurrent ten-year sentences for Counts 1 and 2 in Case No. CF-2015-8771. The State filed a motion to terminate Appellant’s participation in the Mental Health Court, alleging her non-compliance with the program, including failure to follow court rules, lack of progress, unauthorized departure from inpatient treatment, and not graduating from treatment. After a hearing, Special Judge Geary Walke terminated her participation in Mental Health Court and sentenced her in accordance with her plea agreement. Appellant contends that the termination was an abuse of discretion, arguing that the judge should have considered intermediate sanctions before imposing the sentences. She cites her period of sobriety prior to the hearing as a reason for less severe punishment options. However, evidence presented at the hearing indicated that Appellant had consistently missed meetings, court appearances, and drug tests, and had not made adequate efforts to complete her treatment. Appellant's counsel argues that Judge Walke should have recognized relapses as part of the rehabilitation process under 22 O.S.Supp.2014, § 472(F). This section allows for discretion in determining whether conduct justifies revocation of a participant from the program. The record does not support Appellant's position that Judge Walke acted unreasonably or arbitrarily in the face of substantial evidence demonstrating her failure to comply with the program. As Appellant has not shown that the trial court's decision was contrary to law or the facts of the case, we conclude that there was no abuse of discretion. **DECISION** The termination of Appellant's participation in the Mental Health Court program is AFFIRMED. The mandate is ordered to be issued upon the filing of this decision. --- **APPEARANCES** **ON APPEAL** Melissa French, Counsel for Defendant Andrea Digilio Miller, Counsel for Appellant Heather Coyle, Assistant District Attorney Mike Hunter, Oklahoma Attorney General Tessa Henry, Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

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F-2018-563

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **OCT 17 2019** **JOHN D. HADDEN** **CLERK** --- **BOBBY DALE STOCKTON,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-563** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Bobby Dale Stockton appeals from the District Court of LeFlore County's order terminating him from Drug Court and sentencing him to seven years in prison, as per the Drug Court contract in Case No. CF-2016-380. On February 14, 2017, Appellant pled guilty to Count 1: Unlawful Possession of CDS - Methamphetamine after a former felony conviction, and Count 3: Resisting an Officer. He agreed to enter Drug Court with a conviction and sentencing of seven years on Count 1 and one year on Count 3, both running concurrently. Successful completion of Drug Court would lead to suspended sentences; failure would result in imprisonment. The State filed an application for termination on June 26, 2017, alleging Appellant's non-compliance—failing to report for intake, missing a urinalysis, and being absent without leave. During a hearing on September 26, 2017, evidence showed Appellant had not participated in the program. He explained his absence was due to caring for his ill mother. Although acknowledging he had not complied, he expressed a willingness to accept a strict ninety-day monitoring. However, Judge Fry found a violation of the Drug Court contract for non-appearance and initiated a no tolerance policy. Subsequently, on September 29, 2017, Appellant failed to attend Drug Court, resulting in an arrest warrant and bail revocation. The State filed a second termination application on April 30, 2018, citing similar violations. At the hearing on May 22, 2018, Appellant admitted to a third heart attack and acknowledged non-compliance without providing documentation on medical issues. Judge Fry noted past assurances of compliance had not been honored and ultimately terminated Appellant from the program, imposing the seven-year prison sentence. **PROPOSITION OF ERROR:** I. The trial court abused its discretion in terminating Mr. Stockton from Drug Court before he had the opportunity to work the program. **ANALYSIS:** Appellant contends hospitalization justified his failures to report. He further claims that, if drug issues were believed to have driven his failures, proper disciplinary measures should have been applied. The discretion to revoke or terminate participation in Drug Court rests with the trial court, and its decision will only be reversed upon a showing of abuse. Under Oklahoma law, judges may impose progressively increasing sanctions for relapses but can revoke participation if necessary. Appellant was given two opportunities to comply with the Program's requirements, both of which he failed. His second failure followed a promise to comply, and although medical conditions were noted, no evidence was presented to substantiate his claims. Therefore, termination was not an abuse of discretion. **DECISION:** The order of the District Court of LeFlore County, terminating Appellant from Drug Court and imposing a seven-year prison sentence, is AFFIRMED. **MANDATE:** Issued forthwith. --- **APPEARANCES:** **Matthew H. McBee** Counsel for Appellant P.O. Box 1303 Poteau, OK 74953 **Joe Watkins & Keeley L. Miller** Counsel for State Assistant District Attorney 100 S. Broadway St., Room 300 Poteau, OK 74953 Assistant Attorney General 313 N.E. 21st Street Oklahoma City, OK 73105 **OPINION BY:** ROWLAND, J. LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur

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F-2018-552

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In the Court of Criminal Appeals of the State of Oklahoma, Tommy Lynn Berry appealed the termination of his participation in Drug Court after admitting to violations. The court reviewed Berry's claims and ultimately affirmed the termination. 1. **Involuntary Stipulation**: Berry argued that his stipulation to the allegations was involuntary and that the trial court erred by accepting it without meeting the standard for a guilty plea. However, the court found that no legal precedent required the same standards for stipulations in Drug Court as for guilty pleas. The court established that Berry was aware of the consequences of his stipulation, which was made in exchange for the dismissal of additional charges. 2. **Abuse of Discretion in Termination**: Berry contended that the trial court should have imposed progressively increasing sanctions before terminating him. The court clarified that while graduated sanctions are generally preferred, the statute also allows for immediate termination if warranted. Since Berry had committed new offenses while participating in the program, the court found no abuse of discretion in his termination. 3. **Ineffective Assistance of Counsel**: Berry claimed he did not receive effective representation. The appellate court utilized the Strickland standard to evaluate this claim, requiring proof of both deficient performance and resulting prejudice. The court noted that Berry's counsel had negotiated a favorable outcome—dismissing the new drug charges—thereby showing that the counsel's actions were reasonable and resulted in no detriment to Berry. Ultimately, the court concluded that Berry's termination from Drug Court was justified and affirmed the lower court's decision.

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F-2018-945

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE SUMMARY:** **Appellant:** Carey James Buxton **Appellee:** The State of Oklahoma **Case Numbers:** CM-2014-358, CF-2014-578, CF-2017-5 **Opinion Date:** August 8, 2019 **Judge:** Lumpkin --- **BACKGROUND:** Carey James Buxton appealed the termination of his participation in the Drug Court program and the imposition of sentencing by the District Court of Kay County, presided by Judge David Bandy. Buxton had entered pleas of no contest to multiple charges, including drug possession and burglary, and was sentenced to a Drug Court program where successful completion would lead to dismissal of the charges. However, after the State filed applications for his removal from the Drug Court program due to non-compliance, a hearing was conducted on this matter. The judge ultimately decided to terminate Buxton from the program and impose the sentencing terms outlined in the plea agreement. --- **PROPOSITION OF ERROR:** Buxton asserts that the trial court abused its discretion in terminating him from the Drug Court program. --- **ANALYSIS:** 1. **Standard of Review:** The decision to revoke or terminate a Drug Court participant lies within the trial judge's discretion. An abuse of discretion is defined as a clearly erroneous conclusion. 2. **Contentions by Appellant:** - Buxton argues that the court did not assess whether disciplinary measures short of termination would suffice. - He also claims that removal for cheating on drug tests is against Drug Court laws. 3. **Court Findings:** - The court ruled that violations needed to be proven by a preponderance of the evidence. Buxton repeatedly violated the terms of his Drug Court contract despite receiving multiple jail sanctions. - The appellate court noted that termination was not an automatic consequence of drug test failures; the trial court considered all relevant factors before making its decision. 4. **Conclusion:** - The appellate court determined that the trial court’s decision was supported by the evidence and was not an abuse of discretion. Buxton's proposition of error was denied. --- **DECISION:** The order terminating Buxton from the Drug Court and proceeding with sentencing as per the plea agreement is **AFFIRMED**. The mandate is to be issued immediately following the filing of this decision. **APPEARANCES:** - **For Appellant:** Jarrod Stevenson and Jeremy Stillwell (Appellate Defense Counsel) - **For Appellee:** Brian Hermanson (District Attorney), Mike Hunter (Oklahoma Attorney General), Tessa L. Henry (Assistant Attorney General) --- **OPINION BY: LUMPKIN, J.** - **Concur:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. --- For further details, the complete opinion is available in PDF format: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-945_1734875235.pdf).

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F 2017-1074

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In OCCA case No. F 2017-1074, Brown appealed his conviction for Drug Court termination. In an unpublished decision, the court decided to affirm the termination, stating the trial court acted within its discretion. One judge dissented.

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F-2018-83

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In OCCA case No. F-2018-83, the appellant appealed his conviction for terminating his participation in a drug court program. In an unpublished decision, the court decided to affirm the termination of the appellant's participation in the Kay County Drug Court Program. One judge dissented. The case began with the appellant being charged with domestic abuse, followed by several other charges which led to his participation in the drug court program. He had previous sentences but entered a plea agreement that allowed him to avoid immediate incarceration if he completed the program successfully. However, after multiple instances of non-compliance, the state requested to terminate him from the program. During a hearing, the judge evaluated whether the appellant had violated the terms of his performance contract in the drug court. The judge determined that he had. The appellant argued that the judge should have given him more chances to comply with the rules of the program, but the judge concluded that the appellant's actions warranted termination. The court ultimately agreed with the judge's decision, stating that he had not abused his discretion in terminating the appellant’s participation in the drug court program. The termination was deemed appropriate given the appellant's repeated violations.

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F-2017-1259

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In OCCA case No. F-2017-1259, Davis appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and driving with a suspended license. In an unpublished decision, the court decided to affirm the termination of Davis from the Drug Court program and upheld his sentencing. One judge dissented.

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F-2017-911

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In OCCA case No. F-2017-911, the appellant appealed his conviction for various offenses. In an unpublished decision, the court decided to affirm the termination of the appellant from the Drug Court program. One judge dissented. The case began when the appellant, previously convicted of two counts of Second Degree Burglary, was sentenced to twenty-one years for each count but with most of that time suspended. While under supervision, the appellant was accused of violating the terms of his release due to new criminal charges. He later pleaded guilty to those new charges as well. To avoid serving the full sentences, the appellant entered a Drug Court program aimed at helping him overcome substance abuse issues. However, after several years in the program, he faced multiple sanctions for drug use and missed compliance with program rules. Eventually, the state moved to terminate him from Drug Court, asserting he had violated several agreements tied to his participation. During the hearing to decide whether he should be removed from the program, the trial judge ultimately decided that the appellant had not adequately followed the rules and terminated his participation. The appellant then argued that the judge should have considered giving him additional chances rather than terminating him outright. The court checked to see if the trial judge had abused his discretion, meaning if the judge made a choice that was unreasonable or did not follow the law. The records showed the appellant had been sanctioned several times over his three years in the program, but he continued to struggle with drug use. The court found no evidence that the judge had failed to weigh all the necessary factors before deciding to end the appellant's time in Drug Court. In the end, the court affirmed the decision to terminate the appellant from the Drug Court program, stating that the earlier judgments regarding his sentence also needed no changes since the mistakes made in paperwork were corrected. Therefore, the appeal was largely dismissed as moot.

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F-2017-1053

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In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

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F 2017-0031

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In OCCA case No. F 2017-0031, Heath Saxon Ford appealed his conviction for driving a motor vehicle while under the influence of alcohol and unauthorized use of a vehicle, both felonies. In a published decision, the court decided to reverse his termination from the Drug Court Program and remand the case for reinstatement into a Drug Court program, preferably in another county. No one dissented. Heath Saxon Ford was charged with multiple offenses in McCurtain County. He pleaded guilty to two of them and entered a Drug Court Program, agreeing to specific conditions. If he didn’t follow these conditions, he could be sentenced to twelve years in prison. The state wanted to kick him out of the Drug Court Program, saying he violated his agreement by having a bad drug test. At a hearing, a witness said something about the drug test results, but she didn’t perform the test herself nor was the actual test introduced as evidence. Ford argued that this was not fair and that they used hearsay, which is when someone talks about what another person said instead of providing direct evidence. The court agreed that the hearsay could not be the only reason for terminating Ford from the program and that they didn’t show strong enough evidence to prove he violated the terms. There were also concerns about how the Drug Court was being run, suggesting possible impropriety. Because of these issues, the court decided to reverse the decision to end Ford's participation in the Drug Court Program and ordered that he be reinstated, possibly in a different county's program.

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F-2014-452

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In OCCA case No. F-2014-452, Roderick Leandrew Jackson appealed his conviction for various crimes, including knowingly concealing stolen property and drug-related offenses. In a published decision, the court decided to reverse the termination of his participation in the Drug Court program. The state also agreed that the termination was a mistake. Jackson had previously been sanctioned for his violations, and since there was no new evidence of violations presented at the hearing, he was reinstated in the Drug Court program. One judge dissented.

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F-2011-684

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In OCCA case No. F-2011-684, Harold Robert Walker, Jr. appealed his conviction for Driving a Motor Vehicle While Under the Influence of Drugs (Second Offense), Possession of Controlled Substance (Marijuana) (Second Offense), and Carrying a Concealed Weapon. In an unpublished decision, the court decided to affirm the termination of Walker's participation in the Drug Court program, but it remanded the case to correct sentences that exceeded the maximum punishment allowed by law. One justice dissented on the issue of resentencing.

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F-2008-289

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In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

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F-2008-963

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In OCCA case No. F-2008-963, Richard Lloyd VanMeter appealed his conviction for Driving Under the Influence of Intoxicating Liquor-Second Offense and multiple new charges. In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate him in the program based on the conditions of his plea agreement. One judge dissented.

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F-2007-346

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In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.

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F-2006-850

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In OCCA case No. F-2006-850, Jeffrey Airehart appealed his conviction for drug-related offenses. In a published decision, the court decided to reverse his termination from the Drug Court program and instructed that he be reinstated. One judge dissented. Jeffrey Airehart was removed from a Drug Court program due to several positive drug tests. The judge had previously sanctioned him for these tests by imposing short jail terms. Airehart claimed that terminating him was unfair because he had already faced penalties for the same violations. He argued that this violated laws meant to protect individuals from being punished multiple times for the same issue, known as double jeopardy. The court agreed with Airehart's first argument, stating that the Drug Court system is designed to help individuals recover by allowing for relapses and providing a structured way to deal with them rather than terminating their participation after violations. Since Airehart had already been punished, the court ruled that it was not right to terminate him again for those same actions. Regarding his second argument, Airehart said that he did not get proper notice of the grounds for his termination, which made it hard for him to prepare his defense. The court found that while the State could consider his overall performance in the program to decide on termination, the specific terminations were based on violations for which he had been already punished. Therefore, the additional reasons the State brought up were not the basis for his termination. Ultimately, the court ordered that Airehart be reinstated to the Drug Court program and that previous jail sentences related to his termination be canceled, emphasizing the importance of encouraging rehabilitation rather than simply punishing individuals who struggle with addiction.

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RE-2003-918

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In OCCA case No. RE-2003-918, the appellant appealed his conviction for Driving Under the Influence (DUI). In an unpublished decision, the court decided to reverse the order that terminated him from the Drug Court program. One judge dissented. The case began on April 10, 2002, when the appellant pleaded no contest to a DUI charge. He was given a suspended sentence, meaning he would not serve time in prison if he followed the rules. He also had to pay a fine and do community service. Later, he faced another DUI charge. He pleaded guilty again with a promise that if he successfully completed the Drug Court program, he wouldn’t have to face further charges for the first DUI. However, on May 1, 2003, the State accused him of violating the terms of the Drug Court program. The State claimed he had been sanctioned multiple times for not following the rules. On August 5, 2003, the court decided to revoke his suspended sentence and ended his participation in the Drug Court program. The appellant believed the court made a mistake by terminating him from Drug Court based on violations he had already been punished for. He felt this was unfair and argued it amounted to double jeopardy, which means being punished twice for the same offense. The State argued that they were not punishing him again for those violations but believed that the sanctions had not helped him change his behavior. The court examined the situation and found that the appellant had already faced consequences for his earlier violations. It agreed with him that the reasons for his termination were flawed. The judges noted that if prior violations were allowed to be counted again for the same termination, it would be unfair and might discourage other participants in Drug Court. The court decided to remand the case back to the lower court, allowing the appellant to return to the Drug Court program with the original rules he had agreed upon. The judges highlighted that a new violation must occur in order for more severe actions, like termination, to be taken. In summary, the court ruled in favor of the appellant, indicating that the reasons for his termination from Drug Court were not valid, thus restoring his opportunity to complete the program.

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F-2002-324

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In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

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