Treatment Plan Archives - OCCA Opinions

F 2017-1055

Post author:Staff
Post published:October 10, 2019
Post category:F

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 In an unpublished decision, the court decided to affirm the termination of Appellant from the Pontotoc County Drug Court Program.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.

J-2014-108

Post author:Staff
Post published:May 8, 2014
Post category:J

In OCCA case No. J-2014-108, C.E.B. appealed his conviction for Lewd Molestation and First Degree Rape. In a published decision, the court decided to reverse the lower court's sentencing order. A dissenting opinion was not noted. C.E.B. was charged as a youthful offender when he was only 15 years old for serious offenses involving a younger relative. He initially pleaded guilty to these charges and was sentenced to a rehabilitation program rather than prison. His time in the program was monitored by the Office of Juvenile Affairs, which recommended that he could successfully complete his treatment. The court emphasized that upon successful completion, charges could be dismissed. Despite showing progress and completing his treatment program, the District Court later sentenced C.E.B. to prison as an adult, which contradicted the earlier agreements regarding his rehabilitation. The State had initially indicated that his completion of the program would lead to dismissal, yet pursued a harsher sentence instead. The Appeals Court found that the lower court abused its discretion. C.E.B. had completed his rehabilitation successfully, and there was no extensive evidence to suggest he posed a threat that would require adult sentencing. The State failed to follow the proper procedures for transferring him to adult custody and should not have ignored the earlier agreements about his rehabilitation. Ultimately, the court ordered that C.E.B.'s case be dismissed, his name removed from the sex offender registry, and that his record be expunged. He was to be released from custody right away, confirming the importance of fair legal processes, especially for youthful offenders.