THC

F 2017-1055

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In OCCA case No. F 2017-1055, William Singleton Wall, III, appealed his conviction for Possession of Controlled Dangerous Substance (Oxycodone). In an unpublished decision, the court decided to affirm the termination of Appellant from the Pontotoc County Drug Court Program. One judge dissented. William was charged in 2014 and entered a plea for the Drug Court program, where if he succeeded, his case would be dismissed. However, if he failed, he faced a ten-year prison sentence. In April 2017, the State filed to terminate him from the program because he tested positive for THC, which is a substance found in marijuana. During the termination hearing, the judge decided that the State had enough evidence to terminate William from the program. He was given a ten-year prison sentence with credit for time already served. William argued that he should not have been terminated because he did not receive proper notice of the program's rules and because the State filed its motion after the allowed time for his participation in the Drug Court expired. The court explained that the decision to terminate a participant from Drug Court is at the judge's discretion. William did not object when the evidence of his drug use was presented at the hearing. Furthermore, the records showed that William had understood the terms of the Drug Court when he entered. The court also found that although the approval for his Drug Court participation had a time limit, he was still under the court's jurisdiction until he was properly sentenced. The court ruled that they did not see any errors in how the trial court acted. They affirmed the decision to terminate William, meaning he would serve his ten-year sentence for not following the rules of the Drug Court program.

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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 In an unpublished decision, the court decided to affirm the termination of the appellant from the Drug Court program.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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