Time Served

F-2018-1161

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **KENNETH ALLEN DAY,** Appellant, **V.** **STATE OF OKLAHOMA,** Appellee. Case No. F-2018-1161 **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant Kenneth Allen Day was tried and convicted by a jury in the District Court of Oklahoma County (Case No. CF-2017-2586) of: 1. **Count 1:** Sexual Battery (21 O.S.Supp.2015, § 1123(B)) 2. **Counts 2 and 3:** Indecent Exposure (21 O.S.2011, § 1021) The jury recommended a sentence of 30 days imprisonment on Count 1, and 1 year imprisonment each on Counts 2 and 3. The Honorable Timothy R. Henderson, District Judge, presided over the trial and executed the sentences as per the jury's recommendations, ordering them to run consecutively and consecutively to Oklahoma County Case No. CF-16-6470. Day was granted credit for 177 days served and was subject to various costs and fees. Day appeals, raising the following proposition of error: **I. THE TRIAL COURT INCORRECTLY INTERPRETED OKLA. STAT. TIT. 57, § 138(G) BY REFUSING TO GRANT MR. DAY CREDIT FOR ALL TIME SERVED WHILE AWAITING TRIAL AND SENTENCING, CLAIMING THAT THE STATUTE WAS DISCRETIONARY AND NOT MANDATORY.** Upon a thorough review of the entire record including transcripts, exhibits, and the parties' briefs, we find no legal error necessitating relief. Therefore, Day's judgments and sentences are AFFIRMED. **Proposition I:** Day's claim pertains to the nature of credit for time served—whether it is mandatory or discretionary. Citing *Loyd v. State*, 1981 OK CR 5, 624 P.2d 74, Day contends that 57 O.S.Supp.2015, § 138(G) mandates credit for all time served prior to judgment and sentence. However, as recently discussed and clarified in *Luna-Gonzales v. State*, 2019 OK CR 11, this argument has been rejected. This Court noted that *Loyd* is inconsistent with the majority of case law on this subject and that the Oklahoma Legislature has amended § 138 multiple times since 1980, which indicates a legislative intent to modify the ruling in *Loyd*. The current statute indicates that defendants automatically receive credit for jail time served only post-judgment and sentencing. Significantly, *Loyd* is overruled to the extent it conflicts with this interpretation. We also recognize that the district court exercised its discretion appropriately in awarding Day partial credit for time served, which aligns with previous ruling in *Luna-Gonzales* that grants sentencing judges discretion regarding credit for pre-sentencing incarceration. Thus, Day's argument is rejected, and his assertion is firmly denied. **DECISION** The judgments and sentences of the District Court are AFFIRMED. According to Rule 3.15 of the Rules of the Oklahoma Court of Criminal Appeals, the MANDATE shall be issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE TIMOTHY R. HENDERSON, DISTRICT JUDGE** **APPEARANCES AT TRIAL** RICHARD HULL (Counsel for Appellant) HALLIE ELIZABETH BOVOS KRISTEN MESSINA, ASST. PUBLIC DEFENDER **APPEARANCES ON APPEAL** LORI MCCONNELL MIKE HUNTER RACHEL SMITH JULIE PITTMAN, ASST. ATTORNEY GENERAL, (Counsel for Appellee) **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR For further details and access to full judgment, [Click Here to Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1161_1734786325.pdf)

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F-2018-973

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In the case of Brian Scott Willess v. The State of Oklahoma, the Oklahoma Court of Criminal Appeals addressed an appeal concerning the acceleration of Willess' deferred sentence for the crime of Stalking. The appeal was brought forth after the District Court of Cleveland County, under Judge Thad Balkman, found that Willess had violated the terms of his probation by not taking mandated mental health medication and committing a new stalking offense. **Background:** - On May 23, 2018, Willess entered a no contest plea to stalking, with sentencing deferred for five years, under probation terms. - The State later filed an Application to Accelerate Judgment, alleging violations of probation terms. A hearing was held on September 5, 2018, leading to the acceleration of Willess' sentence to five years imprisonment. **Propositions of Error:** Willess raised multiple arguments in his appeal: 1. **Ineffective Assistance of Counsel**: Claimed his counsel failed to argue for credit for time served prior to his plea. 2. **Jurisdiction Issues**: Argued that the district court lacked jurisdiction because there was no preliminary hearing held. 3. **Insufficient Evidence**: Contended that the State did not provide adequate evidence to prove a violation of probation terms. 4. **Due Process Concerns**: Suggested that he was not given adequate notice of the allegations against him and that hearsay evidence was improperly considered. 5. **Premature Acceleration**: Argued that the court should have considered intermediate sanctions instead of incarceration. **Court Opinion:** - The court affirmed the acceleration of Willess' deferred sentence, stating that the issues raised about ineffective counsel and jurisdiction were not valid in an acceleration appeal context. Proper processes for addressing these claims require filing a writ of certiorari. - On the sufficiency of evidence claim, the court found that the State had met its burden of proving violations by a preponderance of evidence, and the hearsay evidence presented had sufficient reliability. - Regarding due process, the court held that Willess had been duly notified of the allegations against him, and his hearsay concerns were addressed previously. - Finally, the court reiterated that even a single violation of probation conditions could warrant acceleration of the sentence, which was upheld in this case. The court's decision highlighted that procedural safeguards were followed and determined there was no abuse of discretion by the district court in accelerating Willess' sentence. In conclusion, the Oklahoma Court of Criminal Appeals ruled in favor of the State, affirming Willess' five-year sentence for the violations of probation.

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F-2017-1149

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In OCCA case No. F-2017-1149, Moore appealed his conviction for Permitting Invitees Under 21 to Possess or Consume Alcohol, Child Neglect, and Transporting a Loaded Firearm in a Motor Vehicle. In an unpublished decision, the court decided to affirm the judgment and sentence imposed by the district court. One judge dissented. Moore was convicted for crimes related to a party where a fifteen-year-old boy named N.F. drank too much alcohol and died from alcohol poisoning. The party took place at the home of a sixteen-year-old friend, and although Moore was not there, the court had to decide if he was responsible for what happened because he was in a relationship with the boy's mother, who lived at that house. The first major point in the case was whether there was enough evidence to support Moore’s convictions. The court found that there was, especially because Moore admitted he lived with the mother and his driver's license listed that address. This was important as the law stated that he could be held responsible for underage drinking and neglect if he was living there. Moore also argued that he didn’t get a fair trial because his lawyer did not do a good job. He mentioned that his lawyer failed to object to certain testimonies from a worker in child protective services. The court looked into this claim but concluded that it didn’t affect the fairness of the trial enough to change the outcome. They thought that defense counsel did present evidence to support Moore's case, showing he may not have lived at the home when N.F. died. Another issue was about evidence presented during the trial. Moore’s lawyer did not object to the testimony from the child protective services worker, which led to the question of whether this testimony hurt his case. The court found that while this testimony might have been improper, it did not significantly affect the trial's result since the jury could have made their decision based on other evidence presented. Moore also claimed he should get credit for the time spent in jail before his sentencing. However, the court said it was up to the judge to decide about giving credit for time served, not mandatory. They believed the judge made the right choice and affirmed the decision. In conclusion, the court upheld Moore's convictions and sentences, affirming that there was enough evidence against him and that his rights to a fair trial were not violated. Moore was denied the motion to have a hearing about his lawyer's effectiveness in defending him.

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for domestic assault and battery along with other charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court for further proceedings to fix some inconsistencies in the records. One judge dissented.

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F-2018-243

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In OCCA case No. F-2018-243, Ivan Luna-Gonzales appealed his conviction for Domestic Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the trial court's judgment and sentence. One judge dissented. The case involved a serious incident where Luna-Gonzales attacked the mother of his child with a two-by-four, causing her significant injuries that required medical treatment. After the attack, he attempted to escape but was later found by the police. At the trial, Luna-Gonzales denied the assault and tried to claim that the victim had hurt herself. However, the evidence presented showed otherwise. A central issue in the appeal was whether Luna-Gonzales should receive credit for the time he spent in jail while awaiting his trial. He argued that the trial court made a mistake by not giving him this credit. The relevant law states that certain credits for time served apply but focus on time after sentencing—not while someone is waiting for their trial. The court explained that the statute referenced by Luna-Gonzales did not apply to the time he spent in jail before his judgment and sentence. Instead, it was meant to address the time inmates spend in jail after sentencing. The court emphasized that the trial judge has the discretion to decide on jail credit, which is not automatically given. In Luna-Gonzales’s case, the court found no fault with the trial court's decision. His longer time in jail was largely due to an immigration hold, which prevented his release. The court also noted that he did not cooperate with a required investigation before sentencing. Therefore, the court concluded that the trial court acted within its rights, and the appeal was denied. Ultimately, the judgment from the Payne County District Court was upheld, meaning Luna-Gonzales would serve his sentence without the additional jail credits he sought.

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F-2017-825

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In OCCA case No. F-2017-825, Ryan Paul Farr appealed his conviction for burglary in the second degree and possession of a firearm. In an unpublished decision, the court decided to affirm the convictions and sentences. There was one dissenting opinion. The case began when Farr was found guilty by a jury in Carter County. He faced two counts: one for burglary after having previous convictions, and another for having a firearm despite also having previous convictions. The jury decided that he should serve 25 years for the burglary and 15 years for the firearm possession, and the sentences were ordered to be served one after the other. Farr raised many complaints in his appeal, mentioning problems he believed occurred during the trial. He argued that the trial court made mistakes when it allowed the case to be reopened for more witness testimony and that he did not get a fair trial due to evidence of other crimes being presented. He also expressed concern about the prosecutor’s comments, which he thought made it seem like he was guilty before the jury could decide. The court looked closely at each of Farr's points. For the first complaint, the court said that letting the State present more witness testimony was a reasonable choice and didn’t hurt Farr's case. About the evidence of other crimes, the court noted that Farr didn’t object at the time these details were shared, which meant he couldn’t complain later. Farr also had issues with how his prior convictions were brought up during the trial, but the court found no major errors there either. When it came to the prosecutor’s behavior, the court decided that while the prosecutor made some points during arguments, they did not sway the trial's fairness. Farr's claims about not having enough evidence supporting his burglary and firearm possession were rejected since the court believed the evidence presented was sufficient to prove his guilt. Lastly, although Farr thought his sentences were too long, the court reminded him that sentences are usually left to the discretion of the judge unless they are extremely unfair, which in this case they weren’t. Because the court found no errors in the trial process, they confirmed the decision made in the lower court. In conclusion, the court affirmed the judgment and sentence against Farr, stating that all of his arguments were without merit.

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RE-2015-767

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In OCCA case No. RE-2015-767, the appellant appealed her conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence but ordered the lower court to give her credit for time served in jail. The court also agreed that imposing nine months of supervision after her imprisonment was not appropriate. No judge dissented.

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F-2014-939

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In OCCA case No. F-2014-939, Ryan Lee Nixon appealed his conviction for Manufacturing a Controlled Dangerous Substance and Possession of a Controlled Dangerous Substance. In a published decision, the court decided to uphold Nixon's conviction for Manufacturing but reversed his conviction for Possession. One judge dissented. Nixon was found guilty after a trial, where the jury determined he should serve fifteen years for Manufacturing and two years for Possession, alongside hefty fines. However, the judge suspended one of the fines and ordered the sentences to run together. Nixon's appeal included two main arguments. First, he argued that there wasn't enough evidence to show he possessed methamphetamine found in a bedroom. The court agreed with this argument. They explained that having drugs in a place doesn't mean the person had control over them unless there are other facts to prove possession. The court found there wasn't enough evidence to support the idea that Nixon had control over the drugs. Second, Nixon claimed the prosecutor made comments during closing arguments that were unfair. However, the court decided that these comments were acceptable and did not affect the trial's fairness since they were part of the argument about the evidence. In conclusion, while Nixon's conviction for Manufacturing was upheld, the court reversed his conviction for Possession and ordered that charge to be dismissed.

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RE-2013-250

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In OCCA case No. RE-2013-250, Richard Shane Kuehn appealed his conviction for Lewd Molestation. In a published decision, the court decided that the revocation of seven years of Kuehn's twelve-year suspended sentence was reversed because the judge who decided his case had previously worked as a prosecutor on it. Kuehn claimed he did not get a fair hearing because of this, and the court agreed, stating that judges cannot preside over cases in which they have been involved as attorneys without consent from the parties. Kuehn's other claims were not reviewed since the court found for him on the first point.

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F-2012-478

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In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

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RE 2012-0848

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In OCCA case No. RE 2012-0848, Andrell Jackson appealed his conviction for possession of a controlled dangerous substance and related charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence for one of the cases but vacated the revocation for the other case and sent it back for further proceedings. One judge dissented.

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F-2010-665

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In OCCA case No. F-2010-665, Roy C. Williams appealed his conviction for Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to reverse one count of his conviction while affirming the others. One judge dissented. Roy C. Williams was sentenced for his involvement in a drive-by shooting that resulted in the death of one person and injuries to another. Williams was found guilty by a jury in the Tulsa County District Court of two counts related to using a vehicle in the shooting and one count for murder. The judge sentenced him to a total of eighteen years in prison, which included twelve years for the murder charge and three years for each of the other counts, to be served one after the other. Williams raised several arguments as reasons for appealing his conviction. He believed that his confession to the police should not have been used against him because he claimed he did not have his right to remain silent protected. He also thought that the evidence against him was not strong enough to support his convictions. Upon reviewing the case, the court decided that the law enforcement officials acted correctly when they obtained Williams's confession. The court said that he willingly talked to them, so this argument was denied. Regarding the second argument, the court noted that Williams knowingly drove to a place where rival gang members were located with guns in the vehicle. This behavior was enough to show he was part of the act that led to the shooting, so this argument was also denied. The third argument was about a legal principle called the merger doctrine. Williams’s defense argued that his felony murder charge should not stand because it was related to the same act as the charge for using a vehicle to facilitate the shooting. However, the court decided to keep the felony murder conviction, stating that both charges could stand because of the way the law is now interpreted. For his fourth argument concerning double jeopardy, which means a person cannot be tried for the same crime twice, the court agreed. They stated that the charges were based on the same set of facts, so they could not convict him on both counts pertaining to the same act. Because of this, the conviction for the second count of using a vehicle was reversed. The fifth argument was about whether Williams should receive credit for the time he spent in jail before the trial. The court ruled that it was up to the trial judge to decide whether to grant that credit and found no evidence that the judge made a mistake in denying it. This argument was also denied. The sixth argument claimed that his lawyer did not do a good job representing him during the trial. The court found that even if his lawyer made some mistakes, they did not affect the overall outcome of the case. After reviewing all of his arguments, the court decided to reverse the second count concerning the vehicle but kept the murder conviction and the first charge intact. Thus, Williams had mixed results from his appeal, with one conviction dismissed but others upheld. In conclusion, the decision resulted in one count being reversed and the remaining convictions affirmed, meaning Williams would continue to serve his sentence, minus the count that was reversed.

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RE-2010-762

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In OCCA case No. RE-2010-762, Mason appealed his conviction for possession of marijuana with intent to distribute. In a published decision, the court decided to affirm the revocation of Mason's suspended sentence but ordered a correction regarding the time served. One judge dissented. Mason had previously entered a guilty plea for a drug-related charge and received a suspended sentence, which meant he didn’t have to go to prison immediately but had to follow certain rules. Over time, he violated those rules several times. The state government, which is responsible for enforcing the law, filed multiple applications to revoke his suspended sentence due to his failures to comply with the terms of probation. He confessed to some of the allegations against him, such as not completing community service and not paying fees. After multiple chances and extensions given by the court to fix his issues, Mason still did not follow the rules. For example, he used drugs again and didn’t seek help as he was supposed to. At a hearing, the court found that Mason did not meet the terms of his probation and decided to revoke his suspended sentence completely. Mason argued that the court shouldn’t have been able to take away the whole suspended sentence because he had already served some time. The court agreed that Mason needed to be credited for time served but found it was appropriate to revoke the rest of the suspended sentence given that he didn’t comply when given chances. The final decision was to affirm the judgment that Mason had violated probation, but with instructions to the lower court to ensure they correctly noted how much time was left on his sentence. In conclusion, while Mason's appeal did not succeed in changing the outcome of the revocation, he was recognized for the days he had already spent in custody.

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F-2010-495

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In OCCA case No. F-2010-495, Marco Lamonte Carroll appealed his conviction for one count of Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to affirm his convictions for Counts 1 and 3 but reverse Count 2 based on double jeopardy grounds. One judge dissented. Carroll was found guilty in a case related to a drive-by shooting that led to one person's death and another's injury. The evidence indicated that there were multiple guns in the vehicle, and shots were fired from more than one of them. The jury's conclusion that Carroll participated in the incident was deemed sufficient by the court. Carroll raised several reasons for his appeal. He argued that there wasn't enough evidence for the charge of Drive-by Shooting, which also supported his Second-Degree Murder conviction. He believed that the merger doctrine should mean his murder charge couldn't be based on the same act that caused the death, meaning his murder conviction should be vacated. He claimed that being convicted of both murder and using a vehicle to facilitate the shooting violated double jeopardy laws, which protect from being tried for the same crime twice. Finally, he argued that the trial court wrongly refused to give him credit for the time he spent in jail before the trial. After looking closely at all the arguments and the case records, the court upheld Carroll's convictions for Second Degree Murder and Using a Vehicle to Facilitate the Discharge of a Firearm related to the second shooting incident. However, they agreed that counting the charge for the first shooting incident separately violated double jeopardy principles, leading to the reversal of that conviction. Overall, while Carroll's main murder conviction and the second vehicle charge were confirmed, the charge of Using a Vehicle to Facilitate the Discharge of a Firearm from the first shooting was dismissed. The court concluded that the trial judge had functioned properly regarding the defendant's time served and did not find grounds to change that part of the decision.

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RE-2010-10

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In OCCA case No. RE-2010-10, a person appealed his conviction for lewd molestation. In a published decision, the court decided that the length of the revoked suspended sentence should be shortened. One member of the court disagreed with this decision. The case began when the person was charged and sentenced as a Youthful Offender for lewd molestation. He was given eight years, but on December 22, 2008, he had part of that sentence suspended after spending some time in juvenile custody. Later, he was accused of breaking the rules of his probation, which included failing to register as a sex offender and not completing required treatment. During a hearing, the judge decided that the individual had violated his probation and revoked five years of his suspended sentence. However, upon appeal, the court found that he should actually receive credit for the time he was under juvenile supervision. Given this credit from December 1, 2005, to December 22, 2008, the court modified the revocation to just over four years instead of five. The district court was instructed to update the sentence accordingly.

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RE 2008-411

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In OCCA case No. RE 2008-411, Rocky Allen McCracken appealed his conviction for Unlawful Delivery of Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but modified his five-year sentence to time served. One judge dissented.

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F-2007-636

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

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RE-2005-863

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In OCCA case No. RE-2005-863, the appellant appealed his conviction for several counts of burglary and for knowingly concealing stolen property. In a published decision, the court decided to modify the order of the District Court regarding the appellant's sentences, making them run concurrently as originally ordered instead of consecutively. One judge dissented.

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RE 2005-0315

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In OCCA case No. RE 2005-0315, #Matthews appealed his conviction for #Burglary. In a (published) decision, the court decided #to vacate the two-year sentence imposed in CF-1999-365, affirm the acceleration of the deferred sentence in CF-2003-14, and affirm the termination from Drug Court. #None dissented. Kevin Paul Matthews got into trouble with the law a while back. He pled no contest to a charge for running a roadblock and was given a sentence where he didn’t have to spend much time in prison right away. Instead, he was supposed to follow certain rules and help the community. However, he later messed up by not completing his required community service. Then, he got into even more trouble and pleaded guilty to burglary, agreeing to join a special program called Drug Court instead of going straight to prison. This program was meant to help him get better. But after some time, the State said he wasn’t following the rules and asked the judge to send him to prison instead. The judge agreed and decided Matthews needed to go to prison for more time, ruling that any previous time he served didn’t count towards his new sentence. Matthews felt that the judge made mistakes and that he shouldn't have been punished as harshly as he was. Matthews brought his case to a higher court, saying the judge didn't have the right to put him back in prison for the earlier offense because too much time had passed. He also said the judge shouldn’t have made him wait so long without setting an end date to his drug treatment program. Ultimately, the higher court agreed that the judge had made an error in punishing Matthews without accounting for the time he had already served. However, they kept the part where Matthews had to go to prison for his burglary charge because he had failed to follow the rules of the Drug Court. They decided to send the case back to the lower court for more review about what should happen next. So, in the end, Matthews got relief on some of his issues, but not all, showing that while he had some rights, he still needed to take responsibility for his actions.

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F-2003-1145

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In OCCA case No. F-2003-1145, James Lee Wiggins appealed his conviction for Knowingly Concealing Stolen Property. In a published decision, the court decided to affirm the conviction but modified the sentence to eight years of imprisonment instead of ten. One judge dissented. Wiggins was found guilty by a jury and received a sentence of ten years for concealing stolen property after having prior felony convictions. He raised several issues in his appeal. He argued that evidence of his past crimes unfairly influenced the jury and that improper comments during his trial led to an inflated sentence. Additionally, he stated that his case should be sent back to change the judgment so he could receive credit for the time he had already served. Lastly, he claimed that all these errors together made his trial unfair. Upon reviewing the case, the court agreed that some errors occurred, particularly regarding how the prosecution questioned Wiggins about his past prison time. However, they believed that these mistakes did not change the verdict of guilty. They also confirmed that he should receive credit for the time served due to a clerical error in his judgment. In the end, Wiggins' conviction was maintained, but the court reduced his sentence and directed the trial court to correct the judgment to ensure he received credit for the time he served.

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C-2003-403

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In OCCA case No. C-2003-403, David Lee Maywald appealed his conviction for Failure to Register as a Sex Offender and Registered Sex Offender Working with or Providing Services to Children. In a published decision, the court decided to modify the sentence in Count II to a fine only, while affirming the denial of the motion to withdraw his guilty plea. One judge dissented. David Lee Maywald, also known as David Lee Graham, was charged with two crimes related to being a registered sex offender. He entered a guilty plea to both charges and was sentenced to prison time and fines. After he changed his mind, he asked to withdraw his guilty plea, feeling he was misinformed about the potential sentences he might face. The court looked closely at Maywald's reasons for wanting to change his plea. First, he argued that he misunderstood the sentencing range for Count II, believing he faced more than just a fine. The court agreed that he shouldn't have received jail time for that count, as the law only allowed for a fine. So, they decided to change his sentence for Count II to just the fine amount. In his second argument, he felt he was misinformed about the maximum fine for Count I. However, the court found that the fine he received was less than what could have been, and since it matched what was agreed upon in the plea deal, it wasn’t a reason to withdraw his plea. For his third point, Maywald argued that he didn’t fully understand the implications of his guilty plea. The court said he didn’t provide enough evidence to show that he entered the plea without understanding its consequences. The court noted that he had been clearly informed multiple times about how he wouldn’t get credit for time served leading up to his sentencing. Overall, while Maywald's request to withdraw his plea was denied, the court acknowledged the error regarding the jail sentence for Count II and modified that sentence to comply with the law. The rest of the decisions from the lower court were kept the same. The judges agreed on most points, but one had a differing opinion on the case.

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RE-2002-1077

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In OCCA case No. RE-2002-1077, Tracy Allen Mitchon appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to reverse the revocation and send the case back to the District Court to correct the written order regarding the time Mitchon had already served. One judge dissented.

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F-2002-233

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In OCCA case No. F-2002-233, Stephen Eldridge Melonakis appealed his conviction for falsely personating another. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to reflect credit for time served awaiting trial. One judge dissented, arguing that the trial court's decision should have been upheld without modification.

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RE-2000-1566

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In OCCA case No. RE-2000-1566, the appellant appealed his conviction for unlawful possession and distribution of controlled drugs. In a published decision, the court decided to vacate the order that suspended the appellant's sentences and remanded the case for further proceedings. One judge dissented. The case began when the appellant was found guilty of possessing cocaine, methamphetamine, and distributing drugs to a minor. These offenses happened on January 30, 1994, and the appellant entered guilty pleas on March 27, 1995. As part of a plea agreement, the state recommended a fifteen-year sentence for each charge, which was to be served concurrently. The court accepted the pleas and suspended the sentences under probation conditions. In 1998, the state sought to revoke the suspended sentences because the appellant was allegedly found in possession of methamphetamine. During the revocation hearing, the judge ordered the sentences to be revoked in full based on the evidence presented. The appellant argued that the case should be sent back to the lower court, allowing him to withdraw his guilty plea, referencing a previous case for support. The court noted that the appellant had not previously disclosed several felony convictions before accepting his guilty plea, which raised questions about the validity of the initial suspended sentence. The court ruled that the suspensions were invalid due to legislative restrictions against suspending sentences for individuals with previous felony convictions. As a result, the court instructed the lower court to hold further proceedings consistent with the decision referenced in the previous case. Additionally, it was ordered that the appellant be given a chance to withdraw his guilty plea. If he chose to do so, the prior convictions would be vacated, allowing the state to prosecute him again if necessary. If he decided to keep the guilty plea, the sentences would be executed immediately, with credit given for the time already served. Ultimately, the court's decision led to the dismissal of remaining errors regarding the revocation orders, as they were deemed moot now that the suspension orders were vacated.

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RE-1999-1556

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In OCCA case No. RE-1999-1556, an individual appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified it to time served, including the satisfaction of all fines, fees, and costs. No judges dissented.

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