RE-2018-1236

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Richard James Nunes, Appellant,** **-VS-** **The State of Oklahoma, Appellee.** **Case No. RE-2018-1236** **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant, Richard James Nunes, appeals from the revocation of his eight-year suspended sentence in Case No. CF-2014-450 by the Honorable George Butner, District Judge, in the District Court of Seminole County. **Background:** On March 12, 2015, Nunes entered a guilty plea to Possession of a Stolen Vehicle (felony) and Altering License Plate/Decal (misdemeanor). He was sentenced to ten years on the felony, with the first two years to be served and the remainder suspended, and one year on the misdemeanor to be served concurrently. On December 27, 2017, the State filed a motion to revoke Nunes' suspended sentence, alleging probation violations. An initial appearance occurred on January 23, 2018, followed by the appointment of counsel on February 2, 2018. Nunes was released on bond on February 8, 2018 but failed to appear for a scheduled hearing on February 15, 2018. A hearing was ultimately held on November 26, 2018, where the probation officer testified that Nunes never reported after his release and was considered an absconder. Despite Nunes' testimony providing varying explanations for his actions, Judge Butner concluded that he violated probation and revoked the suspended sentence in full. **Proposition of Error:** Nunes asserts the trial court abused its discretion in revoking his suspended sentence because the revocation hearing was not timely. **Analysis:** According to 22 O.S.Supp.2016, § 991b(A), a revocation hearing must be held within twenty days following a plea of not guilty to the motion to revoke, unless waived. Nunes contends he never entered a plea and thus the hearing was untimely. However, as acknowledged by the State and Nunes himself, he never formally entered a plea of not guilty, meaning the twenty-day timeframe was never initiated. Moreover, the delay in the revocation hearing was primarily due to Nunes absconding and not fulfilling his responsibilities, further complicating the matter. **Decision:** The order of the District Court of Seminole County revoking Nunes' eight-year suspended sentence is therefore AFFIRMED. **OPINION BY: HUDSON, J.** **CONCUR: LEWIS, P.J.; KUEHN, V.P.J. (CONCUR IN RESULTS); LUMPKIN, J.; ROWLAND, J.** --- For the full decision document, please visit the following link: [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1236_1734353731.pdf)

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RE 2014-0706

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In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

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