Unauthorized Use of a Vehicle Archives

RE-2018-536

Post author:Staff
Post published:June 20, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CHRISTIAN EMMANUEL REYES,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-536** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JUN 20 2019** **JOHN D. HADDEN - SUMMARY OPINION** **CLERK** **HUDSON, JUDGE:** Appellant Christian Emmanuel Reyes appeals from the revocation of his suspended sentences in Oklahoma County District Court Case Nos. CF-2013-6460 and CF-2017-3715 by Honorable Glenn Jones. **Background:** On November 13, 2013, Appellant pled guilty to Unauthorized Use of a Vehicle and Attempting to Elude a Police Officer in Case No. CF-2013-6460. The trial court sentenced him on July 30, 2014, to five years with all but two years suspended for Count 1, and one year for Count 3, to run concurrently. On July 6, 2017, Appellant pled guilty to Possession of a Controlled Dangerous Substance in the Presence of a Minor in Case No. CF-2017-3715, receiving a five-year sentence with all but 100 days suspended. The State agreed not to file for revocation on Case No. CF-2013-6460 as part of the plea deal. On April 6, 2018, the State filed a 1st Amended Application to Revoke, citing non-payment of fees and the commission of a new crime, Second Degree Burglary, in a separate case (CF-2017-6227). Following a revocation hearing, the trial court fully revoked Appellant’s suspended sentences. **Propositions of Error:** 1. **Improper Introduction of Evidence:** Appellant argues the State’s introduction of testimony regarding his behavior violated 12 O.S.2011, § 2404(B) and the standards set forth in *Burks v. State*. He claims he did not receive proper notice and therefore is entitled to relief. He made no objection during the hearing, waiving this issue except for plain error review. Appellant's argument fails, as he did not demonstrate that any error occurred. 2. **Insufficient Evidence of Burglary:** Appellant contends the State failed to prove he entered the victim’s home intending to steal. However, sufficient evidence supported that he intended to steal, meeting the *preponderance of the evidence* standard required in revocation hearings. **Conclusion:** The revocation of Appellant's suspended sentences is affirmed, as the court found competent evidence to justify the revocation and there was no abuse of discretion. **MANDATE** is ORDERED issued upon the filing of this decision. **APPEARANCES:** Micah Sielert and Hallie Bovos for Appellant; Tiffany Noble and Mike Hunter for the State; Tessa Henry for Appellee. **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-536_1734522451.pdf)

F-2017-1166

Post author:Staff
Post published:March 14, 2019
Post category:F

In OCCA case No. F-2017-1166, the appellant appealed his conviction for unauthorized use of a vehicle. In an unpublished decision, the court decided to affirm the acceleration of the appellant's deferred sentence. One judge dissented. The appellant, Kenneth Allen Day, was charged with two crimes: unauthorized use of a vehicle and concealing stolen property. He pleaded guilty to the first charge, and the second was dismissed. His sentence was postponed until 2021, with conditions he needed to follow during probation. However, the State later claimed he had not followed these conditions, including not reporting as he was supposed to and being involved in new criminal activity. During a hearing, it was found that he had indeed violated his probation rules. As a result, the court decided to move up the date for his sentencing, leading to a five-year prison term and a fine. The appellant argued that the court had made a mistake in this decision. However, the court found that the trial court acted within its rights and did not abuse its discretion. Thus, they confirmed the earlier decision about the appellant's sentence.

F-2001-1243

Post author:Staff
Post published:December 20, 2002
Post category:F

In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

RE-2001-1375

Post author:Staff
Post published:October 29, 2002
Post category:RE

In OCCA case No. RE-2001-1375, the individual appealed his conviction for multiple crimes including Theft of a Debit Card, Grand Larceny, Unauthorized Use of a Vehicle, and others. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified the sentence for Grand Larceny in one count due to an error. One member of the court dissented. The case began when the individual pled guilty to several offenses on December 5, 2000. He was given sentences that were mostly suspended, meaning he would not have to serve time unless he broke the rules of his probation. However, on September 25, 2001, the State of Oklahoma said he violated those rules by not reporting to his probation officer and committing another crime, which led to a hearing. During the hearing, the judge decided to revoke his suspended sentences. The appellant argued that his punishment for Grand Larceny was too harsh since it violated the rules for sentencing that say he should not have gotten more than a year in jail for that specific crime. The court agreed that the original sentence was incorrect but also ruled that it did not harm the individual too much since his other sentences were still valid. The individual also claimed that he was unfairly required to pay for restitution he believed he should not have been responsible for, but the court found he did not follow the proper steps to challenge that. Lastly, he argued that his overall sentences were excessive, but the court determined that since the sentences were within a reasonable range and he had indeed violated his probation, there was no unfairness in the judge's decisions. So, the court affirmed most of his sentences and ordered a correction for the incorrect Grand Larceny sentence, which should only require one year of confinement.