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   Revocation/Acceleration Decisions

Alpha Index Main Page

Alphabetical by Case Name


A, B,C - D, E, F - G, H, I, J - K, L - M, N,O - P, Q, R - S,T,UV,W  - X,Y, Z

- A,B,C -

Allen, James Wilbur v. State, COCA Case No. RE-2016-784 (June 8, 2017)
(Revocation/Acceleration Decisions; Sentence, Excessive) Imposition of post-imprisonment supervision removed.

Adkins, James Elliot Jr. v. State, COCA Case No. RE-2013-409 (July 1, 2014)
(Revocation/Acceleration Decision; Sentence, Excessive) Revocation affirmed but remanded for entry of order deleting denial of good time credits.

Airehart, Jeffrey v. State, COCA Case No. F-2006-850 (October 19, 2007)
(Drug Court; Sentence, Excessive) Termination from Drug Court based on violations for which Appellant had been previously sanctioned was improper. Appellant ordered reinstated into Drug Court.

Akers, Benjamin v. State, COCA Case No. RE-2015-206 (January 5, 2016)
(Revocation/Acceleration Decisions; Due Process ) Revocation vacated and remanded for failure to hold hearing within 20 days.

Alexander, Jacquelin Clariece v. State, COCA Case No. RE-2010-457 (October 21, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court lost jurisdiction to revoke sentence in Count 2 because sentence had expired before the State filed the application to revoke.

Allen, Desiray Jaibai v. State, COCA Case No. RE-2003-640 (April 20, 2004)
(Revocation/Acceleration) Trial court was without jurisdiction to entertain Appellant’s revocation hearing since Appellant’s waiver of the 20-day period was not executed until that period had expired. Order revoking suspended sentences reversed.

Anderson, Jeffrey v. State, COCA Case No. RE-2000-0688 (April 17, 2001)
(Revocation, 20-day rule violation)

Anderson, Tracy Lee v. State, COCA Case No. RE-2015-767 (November 18, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Order failed to give credit for time already served so sentence modified. Also, imposition of post-imprisonment supervision on revocation was not authorized and that provision was vacated.

Anthony, Christopher Lee v. State, COCA Case No. RE-2010-512 (June 22, 2011)
(Sixth Amendment; Abuse of Discretion; Revocation/Acceleration) Trial court abused discretion by denying court-appointed counsel solely because defendant had posted bond. Reversed and remanded for new hearing on motion to revoke.

Baker, Lonnie George Jr. v. State, COCA Case No. RE-2002-523 (April 24, 2003)
(Revocation; Sentence - Excessive) Appellant had less time remaining on his suspended sentence and should be credited for additional days against his revoked suspended sentence. Sentence modified.

Baker, Steven B. v. State, COCA Case No. RE-2010-9 (August 23, 2011)
(Sentencing, Excessive; Revocation/Acceleration Decisions) Revocation in full exceeded the term remaining on the suspended sentences because some time was previously served.

Baldwin, Billy Joe v. State, COCA Case No. RE-2001-1070 (July 31, 2002)
(Excessive Sentence; Revocation. Revocation exceeded original terms of sentence. Suspended sentences had been ordered to run concurrently. On revocation, sentences ordered to run consecutively. Sentences modified to run concurrently.)

Barnes, Jason Duane v. State, COCA Case No. RE-2014-575 (July 21, 2015)
(Revocation/Acceleration Decisions) State failed to prove that subsequent offense that served as basis for revocation was a final conviction. Reversed and remanded.

Barton, Phillip Wade v. State, COCA Case No. RE-2012-1043 (May 12, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Insufficient for State to present J&S from subsequent case to prove probation violation without proving finality of the subsequent conviction or the underlying facts. Revocation reversed and remanded.

Blackwell, Mario Lereko v. State, COCA Case No. RE-2014-96 (June 2, 2015)
(Sentence, Excessive; Revocation/Acceleration Decisions; Youthful Offender) Credit toward an adult sentence for time served as a Youthful Offender in OJA custody is mandatory. Remanded to determine amount of time to be credited day for day.

Bell, Dakota Michael Shane v. State, COCA Case No. RE-2018-855 (September 26, 2019)
(Revocation/Acceleration Decisions) Credit given for time served when suspended sentence imposed must be included at revocation. Post-imprisonment cannot be imposed at time of revocation. Amended judgment and sentence filed to correct these errors.

Bellis, Stacy Gene v. State, COCA Case No. RE-2012-1076 (April 18, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency; Abuse of Discretion) District Court took judicial notice of evidence from a separate jury trial as the sole proof to support the application to revoke, with no stipulation. Revocation reversed and remanded

Bennett, Harry v. State, COCA Case No. RE-1988-1478, (Nov. 19, 1999)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Benton, James Loren v. State, COCA Case No. RE-2001-0383 (March 12, 2002)
(Revocation, Insufficient Evidence; did not prove willful violation of probation.)

Biby, Robert v. State, COCA Case No. RE-2000-1170, (Aug. 10, 2001)
(Revocation, Jurisdiction, expiration of suspended sentence)

Bills, Lavester, v. State, COCA Case No. O-1998-698, (May 14, 1999)
(Revocation, Jurisdiction, expiration of deferred term)

Black, Betty Sue v. State, COCA Case No. RE-2008-599 (April 10, 2009)
(Revocation/Acceleration Decisions; Restitution) Appellant demonstrated failure to pay restitution was not wilful. Reversed with instructions to dismiss.

Blades, Natalie v. State, COCA Case No. RE-2005-1032 (July 26, 2006) (Sentence, Excessive; Revocations) Sentences originally ordered to be served concurrently, were revoked to be served consecutively. Remanded to run sentences concurrently.

Bohanan, Gerald v. State, COCA Case No. RE-1999-419, (Oct. 21, 1999)
(Revocation, Plea Negotiations)

Boles, Michael v. State, COCA Case No. RE-2000-1010, (March 28, 2001)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Boone, Marguerietta v. State, COCA Case No. RE-2001-0663 (February 11, 2002)
(Revocation; Excessive Sentence)

Bradberry, Daniel Wesley v. State, COCA Case No. RE-2013-635 (July 9, 2014)
(Revocation/Acceleration; Abuse of Discretion; Sentence, Excessive) Abuse of discretion to revoke life sentences in full for the type of violations alleged, the most important being a failure to report. Revocation order modified to ten years.

Bray, Derlon Antwon v. State, COCA Case No. RE-2007-0517 (February 4, 2008)
(Sentence, Excessive) Sentence revoked exceeded the original sentence imposed.

Briggs, Glenn Dale v. State, COCA Case No. RE-2014-238 (April 21, 2015)
(Abuse of Discretion; Sentence, Excessive; Revocation/Acceleration Decisions) Abuse of discretion to impose post-imprisonment supervision in revocation when not part of the original sentence. Post-imprisonment supervision vacated.

Bristol, Kenneth v. State, COCA Case No. RE-2000-252, (March 21, 2001)
(Revocation, Appeal Bond, terms & conditions of probation stayed)

Brockelsby, Rudy Leon v. State, COCA Case No. RE-2006-0260 (April 12, 2007)
(Revocation/Accelerations; Sentence, Excessive) Time initially served, and time served as an "intermediate sanction" must be deducted from the original suspended sentence. Sentence must credit for all time served during the period of the suspended sentence.

Brown, Antoine v. State, COCA Case No. O-1998-435, 436, 437, (July 9, 1999)
(Revocation, Sentence, consecutive vs. concurrent)

Brown, Donna v. State, COCA Case No. F-2001-687 & RE-2001-887 (April 30, 2002)
(Revocation; Fines, Fees and Costs; Restitution ordered for offenses for which Appellant was never charged or convicted; Incarceration costs charged with no supporting evidence. Reversed for Evidentiary Hearing on restitution, incarceration fees and costs.

Brumley, Susan v. State, COCA Case No. RE-2000-630, (Jan. 12, 2001)
(Revocation, Jurisdiction, Case previously dismissed)

Bryant, Chaundra Denice v. State, COCA Case No. RE-2006-246 (June 19, 2007)
(Revocation/Acceleration Decisions) Order reversing revocation of suspended sentence because sentence lapsed prior to the filing of the Application to Revoke.

Bryson, Jeffrey v. State, COCA Case No. RE-2000-0392, (Feb. 16, 2001)
(Revocation, Excessive Sentence, exceeded statutory maximum)

Buckley, Daniel v. State, COCA Case No. F-2000-0310, (April 6, 2001)
(Revocation, Sentence, consecutive vs. concurrent)

Burton, Michael v. State, COCA Case No. RE-2002-993 (March 20, 2003)
(Evidence - Insufficient) Prescribed cough medicine could not be excluded as cause for positive drug test. Reversed with instructions to dismiss.

Buttery, Matthew Bryan COCA Case No. RE-2021-1042 (January 19, 2023) (Revocation; Sentencing) The trial court erred in ordering the sentence being revoked to be served consecutively to a sentence imposed in a case the day AFTER the suspended sentence was originally imposed. The subsequent sentence was ordered to be served concurrently to the first. Upon the revocation of the first sentence, judge does not have the authority to order the sentences in separate cases to be served consecutively. Thus, the revocation will run concurrent to the four years in the second case, rather than consecutively.

Calhoun, Steven James v. State, COCA Case No. RE-2004-593 (May 17, 2005)
(Revocation; Sentence, Excessive) Revocation of suspended sentence in full, without credit for time already served, is excessive.

Campbell, Billy Ray v. State, COCA Case No. RE-2009-239 (December 8, 2010)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court’s order revoking the suspension orders in full and allowing the sentences to be served consecutively resulted in an excessive sentence. Sentences modified to be served concurrently.

Carpenter, Jeffrey Leroy v. State, COCA Case No. RE-2006-1322 (March 18, 2008)
(Youthful Offender; Sentence, Excessive) Appellant charged as a Youthful Offender but sentenced as an adult. Failure to sentence as a Youthful Offender was plain error and constituted an illegal sentence. Remanded with instructions to vacate because defendant was too old to be treated in the Youthful Offender programs and because jeopardy had attached.

Casey, Eddie Ray Jr. v. State, COCA Case No. RE-2010-403 (August 17, 2011)
(Sentencing, Excessive; Revocation/Acceleration Decisions) Remanded for an order nunc pro tunc to show that sentences were to be served concurrently, not consecutively.

Chavez, Michael v. State, COCA Case No. O-1998-1415, (Dec. 10, 1999)
(Revocation, Jurisdiction, Notice)

Clemons, Jerry Lynn v. State, COCA Case No. RE-2016-1019 (February 23, 2018)
(Revocations/Accelerations; Sentence, Excessive) Revocation sentences modified to run concurrently, as ordered in the original sentencing agreement.

Collins, Mark Stephen v. State, COCA Case No. RE-2013-887 (September 10, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion; Sentence, Excessive) Ordering post-imprisonment supervision that extends beyond the expiration of suspended sentence, is an abuse of discretion. Remanded to vacate post-imprisonment supervision.

Covey, Hazel M. v. State, COCA Case No. RE-2006-0808 (June 26, 2007)
(Revocation/Acceleration Decisions) Appellant erroneously forced to represent herself at the revocation hearing without a valid waiver of counsel.

Cox, Joseph Leonard Jr. v. State, COCA Case No. RE-2013-848 (December 19, 2014)
(Revocation/Acceleration Decisions) Trial court lacked jurisdiction to revoke because the hearing on the application was not held within 20 days

Cox, Juston Dean v. State, COCA Case No. RE-2006-0482 (June 23, 2008)
(Revocation/Acceleration; Sentence, Excessive) Sentences originally concurrent, but revoked to be served consecutively. Remanded with directions to be served as originally ordered.

Crowell, Wilburn Shawn v. State, COCA Case No. RE-2013-0672 (April 18, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation reversed with instructions to dismiss because district court lacked jurisdiction to revoke on application filed after expiration of suspended sentence.

 

- D, E, F

Davenport, Dustin Loyal v. State, COCA Case No. RE-2011-249 (February 23, 2012)
(Evidence, Sufficiency) No evidence conduct was a contributing factor to accident. Sentence after revocation modified to time served.

Davidson, Peter Paul v. State, COCA Case No. RE-2005-0473 (April 20, 2006)  (Due Process) Jurisdiction forfeited if fail to obtain waiver or hold hearing within 20 days of arraignment. Reversed and remanded.

Davis, Kevin v. State, COCA Case No. RE-2007-378 (May 15, 2008)
(Revocation/Acceleration Decisions) Revocation reversed with instructions to dismiss because probationary term expired before application to revoke was filed.

DeLaGarza, Joseph v. State, COCA Case No. RE-1999-565, (March 15, 2000)
(Revocation, Right to Counsel)

Dever, Lorance Ridell v. State, COCA Case No. RE-2011-0359 (September 27, 2012)
(Revocation/Acceleration Decisions) Revocation vacated because hearing not heard within 20 days of entry of plea of not guilty; no waiver of the 20-day rule.

Dinkins, Raynard Emory v. State, COCA Case No. RE-2006-180 (April 23, 2007)
(Revocation/Accelerations; Sentence, Excessive) Trial court erred in specifically excluding credit for time previously served under the sentence. Sentence modified.

Downs, Eric Dewayne v. State, COCA Case No. RE-2010-293 (June 22, 2011)
(Sentence, Excessive; Revocation/Acceleration) Sentence on revocation exceeded remaining balance of suspended sentence.

Duckett, Brian Anderson v. State, COCA Case No. RE-2004-812 (October 3, 2005)
(Revocation/Acceleration Decisions; Sentence, Excessive) State cannot permanently extend a defendant’s suspended sentence simply by failing to hold a sentencing hearing after an application to revoke has been filed and the defendant has either confessed the application or the District Court finds the application has merit. Indefinite postponement of a defendant’s sentencing pursuant to an application to revoke cannot extend the expiration time for a suspended sentence. Remanded with instructions to dismiss.

Durant, Kevin Wayne v. State, COCA Case No. RE-2007-323 (June 25, 2008)
(Revocation/Acceleration; Sentence, Excessive; Evidence, Sufficiency) Insufficiency of the evidence presented at trial on new case precluded a finding that suspended sentence should be revoked

Earsley, Dwan Marie v. State, COCA Case No. F-2010-572 (November 17, 2011)
(Revocation/Acceleration; Restitution) Acceleration reversed because State did not prove failure to pay restitution was wilful.

Eddings, Matthew Carl v. State, COCA Case No. RE-2014-0536 (August 4, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Order for post imprisonment supervision remanded to be vacated because not included in original J&S.

Edwards, Debbie v. State, COCA Case No. F-2010-431 (April 19, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Concurrent sentences revoked to run consecutively require remand for resentencing.

Ellison, Walter v. State, COCA Case No. RE-2000-1034, (March 15, 2001)
(Revocation; Error to issue new Judgment and Sentence upon revocation)

Elser, Stephano Dominick v. State, COCA Case No. RE-2002-387 (February 20, 2003)
(Evidence - Insufficient) Revocation reversed with instructions to dismiss. Court found no competent evidence to support allegation that defendant violated rule regarding association with other convicted felons.

Epperson, Paul Renodo v. State, COCA Case No. RE-2009-655 (March 25, 2011)
(Revocation/Acceleration Decisions; Fines, Fees and Costs) Order assessing incarceration fees did not follow statutory procedure. Order assessing fees for days not yet served vacated; but district court allowed to take corrective action on how fees are assessed.

Farris, Christi Marie v. State, COCA Case No. RE-2003-86 & 87 (February 11, 2004)
(Revocation/Acceleration; Sentence - Excessive) Sentences modified to be served concurrently as originally imposed.

Fechner, Rosa v. State, COCA Case No. RE-2000-1257, (Oct. 16, 2001)
(Revocation, Insufficient Evidence)

Fields, Ernie v. State, COCA Case No. RE-2000-1209, (January 7, 2002)
(Revocation, Excessive Sentence)

Fontenot, Teddy Lynn v. State, COCA Case No. RE-2017-149 (September 6, 2018)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation order modified to remove imposition of post-imprisonment supervision.

Ford, Heath Saxon v. State, COCA Case No. F-2017-0031 (January 11, 2018)
(Drug Court; Evidence, Sufficiency) Termination from Drug Court cannot be based entirely on hearsay evidence. Remanded for reinstatement into a Drug Court program.

Ford, Katlin Maye, COCA Case No. RE-2020-452 (September 30, 2021) (Revocation) Revocation order vacated because there was no valid waiver of the statutory right to counsel.

Ford, Leslie v. State, COCA Case No. RE-2019-522 (August 13, 2020) (Revocation/Acceleration Decisions; Sentence, Excessive) Revocation order issued improperly revoked more time than remained on the original sentence. Remanded to correct order to reflect proper amount of time revoked.

Ford, Willie Lee Sr. v. State, COCA Case No. RE-2013-1177 (January 8, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation sentence reversed for proper sentencing order. Revocation order extended sentence beyond the original sentence.

Fox, Tony Dewayne v. State, COCA Case No. RE-2003-660 (June 23, 2004)
(Evidence, Sufficiency; Revocations) Revocation reversed and remanded for further proceedings because no evidence was offered as to the willfulness of the probation violations.

Fultz, Roger Dale v. State, COCA Case No. RE-2001-0351 (January 25, 2002)
(Revocation, Excessive Sentence)

 

 

 

- G, H, I, J

Garcia, Sunday D. v. State, COCA Case No. RE-2002-580 (September 12, 2003)
(Revocation/Acceleration) Trial court erred in initiating proceedings when competency issues had not been dealt with properly. Reversed and remanded for further proceedings.

Gay, Michael Wayne v. State, COCA Case No. RE-2002-1245 (August 15, 2003)
(Sentence - Excessive) Sentence greater than the statutory maximum.

George, Gordon Lee Jr. v. State, COCA Case No. RE-2016-1049 (August 30, 2018)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Evidence insufficient to establish failure to pay. Three of four revocation cases reversed.

Gessel, Shaun Lee v. State, COCA Case No. RE-2007-0484 (August 1, 2008)
(Sentence, Excessive; Revocation/Acceleration Decisions) Revocation order improperly directed sentences originally concurrent to run consecutive

Gessel, Shaun Lee v. State, COCA Case No. RE-2006-262 (March 21, 2007)
(Revocation/Acceleration Decisions) Revocation ordered on the basis not alleged, or inadequately alleged, in the application.

Golden, Darrell Odell v. State, COCA Case No. C-2012-714 (July 31, 2013)
(Guilty Plea Decisions; Ineffective Assistance of Counsel) Guilty plea to "resisting arrest" lacked factual basis. Counsel ineffective for failing to raise this issue in motion to withdraw plea.

Goodwin, Lela Mae v. State, COCA Case No. RE-2013-885 (September 30, 2014)
(Revocation/Acceleration Decisions; Statutory Construction; Sentence, Excessive) Remanded to strike the post-imprisonment supervision imposed after revocation because that statute was not in effect at the time of original sentencing.

Grass, Floyd v. State, COCA Case No. RE-1999-295, (March 2, 2000)
(Revocation, 20-day rule)

Hackler, Michael Wayne v. State, COCA Case No. RE-2003-397 (May 4, 2004)
(Sentence, Excessive; Revocation) Revocation affirmed but J&S to be corrected to reflect actual sentence imposed.

Hackney, Wynee v. State, COCA Case No. F-1999-699, (April 19, 2000)
(Revocation, excessive sentence)

Hamilton, Jason Dayton v. State, COCA Case No. RE-2016-218 (June 8, 2017)
(Revocation/Acceleration Decisions; Sentence, Excessive) Post-imprisonment supervision unauthorized and vacated because imposed for first time at revocation hearing.

Hargis, Jeff Leon v. State, COCA Case No. RE-2004-1015 (January 19, 2006)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Appellant did not meet the statutory elements required and could not have committed Rape in the First Degree. Remanded with instructions to vacate and dismiss.

Harrington, Michael Brian v. State, COCA Case No. RE-2016-135 (November 7, 2016)
(Revocation/Acceleration Decisions) Sentence in new case could be discharged before satisfaction of revocation of suspended sentence. If revocation appeal was successful in gaining relief, that relief could potentially allow an earlier release. State’s Motion to Dismiss Revocation Appeal as Moot is denied.

Hart, Daniel Lee v. State, COCA Case No. RE-2019-19 (July 30, 2020) (Revocation/Acceleration Decisions; Due Process) Revocation hearing held without client violated due process. Reversed and remanded for new hearing.

Harvell, Nathan Todd v. State, COCA Case No. RE-2014-248 (May 11, 2015)
(Revocation/Acceleration Decisions) Trial court lacked jurisdiction to revoke suspended sentence once State dismissed Application to Revoke. Reversed with instructions to dismiss.

Hathcock, Anthony John v. State, COCA Case No. F-2002-1481 (February 3, 2004)
(Pro Se; Revocation/Acceleration) Defendant appeared pro se without a knowing and voluntary waiver of right to counsel. Acceleration reversed for new hearing.

Heath, Samuel Lloyd Jr. v. State, COCA Case No. RE-2001-749 (June 3, 2002)
(Revocation. Six year gap between filing of application to revoke and revocation hearing too long; revocation remanded with instructions to dismiss for failure to prosecute.)

Hester, John Anthony v. State, COCA Case No. RE-2002-667 (March 27, 2003)
(Revocations) State failed to diligently prosecute when 5 years lapsed between filing application and prosecution. Reversed and remanded with instructions to vacate the order of revocation.

Hobbs, Michael v. State, COCA Case No. RE-1999-1556, (Feb. 1, 2001)
(Revocation, no violation of terms and conditions)

Holden, Jeffrey Allen v. State, COCA Case No. RE-2007-1233 (April 22, 2009)
(Revocation/Acceleration Decisions; Due Process) District Court lost jurisdiction to hear revocation application when hearing was not held within 20 days of plea of not guilty. Reversed and dismissed.

Holland, Darrell Spencer v. State, COCA Case No. RE-2014-371 (January 6, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but remanded to modify sentence to actual amount of time suspended.

Howland, Sean Eddie v. State, COCA Case No. RE-2014-0706 (May 12, 2015)
(Due Process; Revocation/Acceleration Decisions) State’s unwarranted delay in prosecuting application to revoke in a timely manner violated due process. Reversed and remanded with instructions to dismiss.

Harjo, Earnest Cheparney v. State, COCA Case No. RE-2013-261 (February 19, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke suspended sentence based on violations for which he had already been punished. Reversed.

Howard, Roger v. State, COCA Case No. O-1998-1381, (Sept. 23, 1999)
(Revocation, credit for time served)

Huff, Sheri Denise v. State, COCA Case No. RE-2002-174 (November 6, 2002)
(Fines, Fees & Costs; Sentence - Excessive) Improper to add incarceration fees at time of revocation; fees vacated. Sentences modified to run concurrently instead of consecutively.

Hulsey, Charlie v. State, COCA Case No. RE-2000-841, (Feb. 8, 2001)
(Revocation, consecutive vs. concurrent)

Hunt, Jason Lee v. State, COCA Case No. RE-2001-180 (January 9, 2002)
(Fines, Fees and Costs)

Jackson, Edward Dean v. State, COCA Case No. RE-2016-401 (January 11, 2017)
(Revocation/Acceleration Decisions; Due Process ) Revocation vacated and remanded for failure to hold hearing within 20 days.

Jackson, Jimmy Dale COCA Case No. RE-2021-1202 (November 10, 2022) (Revocation; Due Process) Modified from Twenty years to the six months allowed for technical violations. Court finds special conditions of sex offender probation were never imposed.

Jay, Justin Michael v. State, COCA Case No. RE-2013-1027 (January 8, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation sentence reversed and remanded to reduce time to be served to include time previously served and to remove post-incarceration supervision because statute was not in effect at time of original sentencing.

Johnson, Alvin Lavan v. State, COCA Case No. RE-2013-212 (May 30, 2014)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed and remanded because prosecutor to underlying felony became the trial judge for the revocation, and the defense attorney for the underlying felony became the prosecutor for the revocation

Johnson, James Parnell v. State, COCA Case No. RE-2011-277 (January 10, 2012)
(Fines, Fees & Costs) Under 21 § 142.18(A), VCA must be imposed at sentencing after conviction, plea or agreed to deferment, not after other proceedings. Revocation affirmed, but VCA vacated.

Joice, Brian Frederick v. State, COCA Case No. RE-2018-1233 (March 5, 2020)
(Revocation / Acceleration Decisions; Abuse of Discretion; Due Process; Ineffective Assistance of Counsel; Sentence, Excessive; Prosecutorial Misconduct) Ineffective assistance for failure to object to revocation on grounds of jurisdiction and excessive sentence. Original sentence exceeded statutory maximum; revocation application was untimely; district court lacked jurisdiction to revoke expired sentence; and the revocation of expired sentence was invalid. Reversed with instructions to dismiss.

Jones, Edward Q. v. State, COCA Case No. RE-2010-0510 (May 7, 2010)
(Ineffective Assistance of Counsel; Revocation/Acceleration Decisions) Appellant has a statutory right to be represented by counsel at a revocation hearing. Remanded for a new hearing with Appellant to be represented by counsel or a valid waiver in the record.

Jones, Lanna Sue v. State, COCA Case No. RE-1999-1369, (May 10, 2000)
(Revocation, cannot extend suspended sentence beyond expiration of original sentence)

Jones, Leslie Dewayne v. State, COCA Case No. RE-2004-435 (July 15, 2005)
(Evidence, Sufficiency; Revocation/Acceleration Decisions) Revocation reversed outright because right of confrontation was violated when state merely presented evidence that defendant had been charged with another crime, not actual facts establishing that another crime had been committed.

Jones, Sarah Mae v. State, COCA Case No. RE-2004-584 (April 27, 2005)
(Revocation; Sentence, Excessive) Revocation of suspended sentence in full, without credit for time already served, is excessive.

 

 

- K, L

Kasiah, Richard A. v. State, COCA Case No. RE-2005-863 (November 3, 2006)
Revocation/Acceleration Decisions; Sentencing) Sentences to be served concurrently on probation were revoked in error to be served consecutively. Sentences modified to run concurrently.

Kelley, James Calvin v. State, COCA Case No. F-2001-649 & F-2001-650 (April 18, 2002)
(Revocation; Excessive Sentence; Revocation in full failed to take consideration of time already served by previous revocations. Sentence modified to reflect time served.)

Kifer, Beau Ashley v. State, COCA Case No. RE-2010-600 (May 26, 2011)
(Revocation/Acceleration; Sentence, Excessive) Revocation partially affirmed, but two counts reversed and dismissed. Application was filed after expiration of the sentences.

Knoles, William Eric v. State, COCA Case No. RE-2003-918 (August 23, 2004)
(Drug Court) State can seek sanctions for a probation violation or seek termination from Drug Court as a result of a violation. It cannot use a prior violation, for which sanctions have been imposed, as the basis of a Drug Court termination application. Reversed order terminating from Drug Court.

Kuehn, Richard Shane v. State, COCA Case No. RE-2013-250 (May 9, 2014)
(Revocation/Acceleration Decisions) Revocation reversed because judge ordering revocation had previously served as prosecutor in the same case.

Lamb, Michael v. State, COCA Case No. RE-1999-211, (Jan. 24, 2000)
(Revocation, State’s application to revoke filed to late)

Latham, Decarlos Marquis v. State, COCA Case No. RE-2015-180 (March 8, 2016)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) No proof of finality of out-of-State judgment. Reversed and remanded.

Laster Jr., Bernard v. State, COCA Case No. F-2000-617, (July 2, 2001)
(Acceleration; Defendant had not pleaded guilty to or been found guilty of offense)

Leonard, Jeffery Earl v. State, COCA Case No. RE-2001-911 (June 13, 2002)
(Appellant cannot be terminated from a program it is not even certain he had begun. State's application to terminate Appellant's Drug Court participation reversed with instructions to dismiss.)

Lewis, Antwaun Deon v. State, COCA Case No. RE-2008-001 and F-2008-06 (April 17, 2009)
(Sentence, Excessive) Error in sentencing for first degree murder after a second-stage enhancement with prior convictions. First Degree Murder is not subject to enhancement under habitual offender statutes. Sentence modified from LWOP to life imprisonment.

Lindsey, Eric v. State, COCA Case No. RE-2001-318 (June 6, 2001)
(Imposition of sentence to be served as "flat time" exceeded district court’s authority; hearing required on incarceration costs to determine "actual costs" and whether imposition would cause "manifest hardship.")

Long, Toby T. v. State, COCA Case No. RE-2003-933 (June 24, 2004)
(Revocation/Acceleration Decisions) Revocation was based on an act that occurred well after the expiration of the suspended sentence. Reversed with instructions to dismiss.

 

- M, N,O -

Macon, Rahmon v. State, COCA Case No. F-1999-1302, (Oct. 30, 2000)
(Acceleration, must advise of right to withdraw plea)

Manders, Jeremy David v. State, COCA Case No. RE-2005-536 (July 19, 2006) (Sentence, Excessive; Revocations) Record reflects stipulation to revocation was based upon representation that all time would be served concurrently. Trial court ordered some sentences to be served consecutively. Remanded so that the guilty plea to the revocation can be withdrawn, or for the district court to order the sentences be served concurrently.

Martin, Bruce Wayne v. State, COCA Case No. RE-2001-1375 (October 29, 2002)
(Sentence - Excessive) Revocation affirmed but sentence modified from five years to one year because it exceeded the statutory maximum.

Martin, Johnny Frank v. State, COCA Case No. RE-2016-929 (February 15, 2018)
(Revocations/Accelerations; Evidence, Sufficiency) State failed to show finality of conviction used to revoke suspended sentence. Reversed for new hearing.

Mason, James Eugene v. State, COCA Case No. RE-2010-762 (April 6, 2012)
(Revocation/Acceleration Decisions; Sentence, Excessive) Error to revoke sentence in full without giving credit for time already served. Remanded for nunc pro tunc order correcting the amount of time revoked.

Matthews, Kevin Paul v. State, COCA Case No. RE-2005-0315 (May 16, 2006) (Sentence, Excessive) Order revoking two-year sentence vacated because sentence had already expired.

McAbee, Janis Gale v. State, COCA Case No. RE-2003-455 (May 3, 2004)
(Sentence, Excessive; Revocation) Revocation affirmed but J&S to be corrected to reflect actual sentence imposed.

McCracken, Rocky Allen v. State, COCA Case No. RE-2008-411 (April 17, 2009)
(Revocation/Acceleration Decisions; Sentence, Excessive) Defendant became drug free by moving out of state and leaving family and associates in Oklahoma. In addition to kicking meth, he worked full time and was drug free in the interim. Ten years later, he returned to Oklahoma, found employment, and arranged to surrender. Under the facts and circumstances, revocation of five years for failure to report was excessive. Sentence modified to time served.

McCollough, Danyale Lamont v. State, COCA Case No. RE-2012-0601 (February 4, 2014)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) Plain error for district court to revoke suspended sentence solely by taking judicial notice of evidence heard in another case. Reversed and remanded for further proceedings.

McGhee, Cynthia v. State, COCA Case No. RE-2010-706 (December 1, 2011)
(Revocation/Acceleration; Restitution) Remanded for a hearing regarding ability, or lack thereof, to pay restitution and court costs.

Meyer, Jacob Keith v. State, COCA Case No. RE-2012-1032 (February 25, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but one count remanded for resentencing because sentence exceeded the statutory maximum.

Miller, Jr., Vernon Shawn, COCA Case No. RE-2021-1290 (March 23, 2023) (Revocation / Accelerating Decisions) Affirmed but post-imprisonment supervision added at revocation hearing vacated.

Mitchon, Tracy Allen v. State, COCA Case No. RE-2002-1077 (August 25, 2003)
(Revocations) Modified to provide credit for time previously served.

Mims, Robert v. State, COCA Case No. RE-2000-920, (March 28, 2001)
(Revocation, no jurisdiction to sua sponte review of suspended sentence)

Mitchell, Michael v. State, COCA Case No. RE-99-446, (Nov. 19, 1999)
(Revocation, sentence exceeded statutory maximum)

Monarch, Eddie Craig v. State, COCA Case No. RE-2001-0540 (March 13, 2002)
(Revocation, Excessive Sentence; no jurisdiction to impose additional punishment.)

Montgomery, David Robert v. State, COCA Case No. RE-2003-0857 (April 22, 2004)
(Revocation/Acceleration) Trial court’s order revoking improperly extended incarceration beyond original sentence. Revocation modified.

Morris, Floyd Andrew v. State, COCA Case No. RE-2003-1203 (September 29, 2004)
(Revocations) Revocation affirmed but remanded for correction of Judgment and Sentence to reflect credit for time previously served on revoked sentence.

Mosby, Leslie Kay v. State, COCA Case No. RE-2017-57 (April 19, 2018)
(Sentence, Excessive) Error to revoke sentences to be served consecutively when originally imposed as concurrently.

Muhammad, Eric Lamont v. State, COCA Case No. RE-2015-104 (March 17, 2016)
(Revocation/Acceleration Decisions) Violation of 20-day rule requires revocation to be reversed.

Myers, Walker John v. State, COCA Case No. RE-2000-1429, (December 14, 2001)
(Revocation, Sentencing)

Myers, William John v. State, COCA Case No. RE-2008-880 (October 29, 2009)
(Revocation/Acceleration Decisions; Due Process) Trial court was without jurisdiction to revoke in the case that lacked the proper motion by the State. Reversed.

Nelson, Michael Dale v. State, COCA Case No. RE-2014-743 (November 12, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) One count reversed because it had been dismissed in the original plea bargain so there was no actual conviction.

Nelson, Misty Dawn v. State, COCA Case No. RE-2006-135 (November 14, 2006)
(Revocation/Acceleration Decisions; Sentence, Excessive) Reversed because revocation order extended sentence beyond original term of suspended sentence.

Newnam, Crystal v. State, COCA Case No. F-1998-1197, (Oct. 4, 1999)
(Acceleration, Sentence Excessive)

Newton, Jermaine Richard v. State, COCA Case No. RE-2011-710 (June 3, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Ten year sentence revoked in full modified to time served.

Nichols, Jade Christian, COCA Case No. RE-2019-850 (March 25, 2021)
(Revocation/Due Process) Special Judge at the revocation hearing had represented the client at the original plea hearing, so he was not neutral and detached.

Norton, Kenneth Joe, COCA Case No. RE-2020-398 (October 21, 2021) (Revocation; Modified) Revocation for a crime that was converted to a misdemeanor after the initial suspended sentence was imposed and was modified from 10 years to 1 year based on 22 O.S. 991b(G).

Norwood, Douglas Raymond v. State, COCA Case No. RE-2011-606 (June 4, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed, but remanded for correction of unlawful lengthening of sentence.

 

 

P, Q, R

Palmer, Stuart v. State, COCA Case No. RE-2015-922 (May 4, 2017)
(Revocation/Acceleration Decisions; Sentence, Excessive) Post-imprisonment supervision imposed at revocation proceedings vacated by district court nunc pro tunc after issue was raised.

Pate, Mitchell Wayne v. State, COCA Case No. RE-2001-1120 (July 15, 2002)
(Excessive Sentence; Revocation. Revocation exceeded original terms of sentence. State confessed error. Sentence modified.)

Payne, David R. v. State, COCA Case No. RE-2004-614 (July 22, 2005)
(Sentence, Abuse of Discretion; Revocation/Acceleration Decisions) The trial court abused discretion in revoking entire sentence.

Pearson, Rico Raynelle v. State, COCA Case Nos. RE-2009-1019 /1020 (February 22, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation in full excessive because trial court improperly considered information not relevant, violations were minor and the "new charges" were dismissed. Affirmed but revocation modified from 7 to 3 years.

Pemberton, Mark Donovan v. State, COCA Case No. RE-2019-619 (July 23, 2020) (Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but sentence modified to give credit for time served.

Pershall, Amon Walden v. State,, COCA Case No. RE-2013-279 (February 21, 2014)
(Revocation/Acceleration Decisions; Due Process) Revocation reversed for violation of 20-day rule.

Phelps, Glen Eugene v. State, COCA Case No. RE-2001-947 (October 10, 2002)
(Revocation) Appellant was not eligible for a suspended sentence, requiring original J&S be vacated, and remanded under Bumpas to allow the defendant to withdraw his plea. If plea is not withdrawn, the court can impose sentence within statutory range (afcf x 2).

Polk, Damion Deshawn v. State, COCA Case No. RE-2017-264 (December 27, 2018)
(Revocation/Acceleration Decisions; Sentence, Excessive) Cannot be revoked for same conduct that had already resulted in sanctions. Revocation order reversed.

Porter, Nyesha Marie v. State, COCA Case No. RE-2006-1308 (April 25, 2008)
(Sentence, Excessive; Revocation/Acceleration) Trial court was without jurisdiction to revoke because the probationary term had expired without the filing of an application to revoke.

Randle, Kevin v. State, COCA Case No. F-2000-395, (Dec. 8, 2000)
(Acceleration, must advise of right to withdraw plea at time of acceleration)

Reid, Shawn Dion v. State, COCA Case No. F-2007-346 (June 5, 2008)
(Drug Court; Sentence, Excessive) Defendant sentenced on five counts in Drug Court Termination, where three counts had been dismissed prior to entry to Drug Court. Three counts dismissed.

Richardson, Quinton Blake v. State, COCA Case No. RE-2013-939 (October 23, 2014)
(Revocation/Acceleration Decisions; Ineffective Assistance of Counsel) Counsel appointed for revocation hearing had conflict of interest because had previously represented witness who testified against client. Remanded for hearing with new counsel.

Rice, Kaylen Harrison, COCA Case No. RE-2020-501 (May 26, 2022) (Revocation; Sentencing; Statute of Limitations) The Court to vacate the post-imprisonment supervision imposed at the revocation hearing, and also turned back the State’s constitutional challenge to the statute limiting the time to serve upon revocation to the current sentencing range. That is drug possession cases can only be revoked for one year since that’s now the sentence cap.

Ring, Dewayne Eugene v. State, COCA Case No. RE-2004-445 (July 12, 2005)
(Guilty Plea Decisions) Defendant not entitled to suspended sentence, should be allowed to withdraw plea entered, if he chooses.

Robertson, Steven Wayne v. State, COCA Case No. RE-2011-138 (February 27, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Court modified sentence that exceeded statutory maximum.

Romo, Johnnie Edward v. State, COCA Case No. O-98-461 (April 13, 1999)
(Revocation) State did not exercise due diligence in prosecuting application to revoke. State allowed Appellant's suspended sentences to expire before actually obtaining his presence in open court, even though his whereabouts were readily apparent. Reversed and remanded with instructions to dismiss.

Ruff, Janet Marie v. State, COCA Case No. RE-2006-363 (December 8, 2006)
(Revocation/Acceleration Decisions) Sentence modified as excessive.

Runco, Michelle Renea v. State, COCA Case No. RE-2013-0523 (April 30, 2014)
(Revocation/Acceleration Decisions; Right to Counsel) Revocation reversed because there was no adequate waiver of counsel.

 

- S, T,U -  

Sanchez, Jose Abraham, COCA Case No. RE-2019-683 (Jan. 21, 2021)
(Revocation/Suspended Sentence) Revocation based on technical violations. Trial court is prohibited from revoking a probationer’s suspended sentenced based on a probation violation that occurred after the suspended sentence has expired.

Sanders, Barbara Denise v. State,
COCA Case No. RE-2007-850  (July 18, 2008)
(Revocation/ Acceleration; Due Process) Application to revoke not filed in time to invoke District Court’s jurisdiction. Revocation order reversed with instructions to dismiss.

Shelton, Ronnie Ray v. State, COCA Case No. RE-2006-1312 (June 5, 2008)
(Revocation/Accelerations; Sentence, Excessive) Trial court clerical error indicated a seven year suspended sentence to be revoked, when only three years were suspended.

Simpson, Timothy Donnell v. State, COCA Case No. RE-2014-810 (October 9, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Trial court lacked authority to impose post-imprisonment supervision at revocation.

Smith, Adrian v. State, COCA Case No. RE-2008-961 (August 27, 2009)
(Revocation/Acceleration Decisions) Revocation affirmed but Judgment and Sentence remanded to reflect only 9 years revoked instead of 10 years.

Smith, Lon Adam v. State, COCA Case No. RE-2012-835 (April 29, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocations reversed and remanded because sentences were impermissibly extended beyond the term of the original sentences.

Solano, Jesus A. v. State, COCA Case No. F-2012-545 (January 24, 2014)
(Revocation/Acceleration Decisions; Sentence, Excessive) Fourteen-year sentence revoked for single violation of consumption of alcohol modified to time served.

Solis, Jr., Rogelio v. State, COCA Case No. RE-2014-777 (August 13, 2015)
(Revocation/Acceleration Decisions; Sentence, Excessive) Judgment and Sentence remanded to modified to exclude any requirement for post imprisonment supervision.

Taylor, Jack Joseph v. State, COCA Case No. F-2011-562 (April 24, 2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) Revocation reversed and remanded. Prosecutor who procured plea to suspended sentence later became the judge who revoked the suspended sentence in the same case, without revealing his prior involvement in the case.

Taylor, Joshua Dee v. State, COCA Case No. RE-2010-819 (January 30, 2012)
(Revocations/Accelerations) Remanded for new journal entry reflecting revocation rather than newly imposed judgment and sentence.

Taylor, Sherry Kay v. State, COCA Case Nos. M-2011-870 & M-2011-871 (March 8, 2013)
(Revocation/Acceleration; Abuse of Discretion) Reversed and remanded for new acceleration hearing and new trial when ordered to proceed pro se without record of waiver of counsel

Thomas, Frank V. v. State, COCA Case No. RE-2005-1195 (January 4, 2007)
(Revocation/Acceleration) Extenuating circumstances warranted modification of three year revocation to one year.

Treat, Kevin v. State, COCA Case No. RE-2000-1470 (November 29, 2001)
(Sentencing; Concurrent v. Consecutive is decision of district court not DOC)

Tucker, Tommy Lynn v. State, COCA Case No. RE-2018-457 (July 11, 2019)
(Revocation/Acceleration Decisions; Sentence, Excessive) Imposition of post-imprisonment supervision at time of revocation vacated when not part of the original Judgment and Sentence.

Turner, Eugene v. State, COCA Case No. F-2010-0888 (December 9, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive) Application to Accelerate filed after deferred sentence had expired. Order accelerating reversed and remanded.

Stumpff, Carrie Denise v. State, COCA Case No. RE-2013-0511 (April 18, 2014)
(Revocation/Acceleration Decisions; Right to Counsel) Revocation reversed because there was no record sufficient to demonstrate a knowing waiver of counsel.

 

- V,W - 

Vann, Roy v. State, COCA Case No. RE-1999-496, (Jan. 24, 2000)
(Acceleration, failure of State to timely pursue application)

Vansickle, Jason Dean v. State, COCA Case No. RE-2010-304 (December 1, 2011)
(Revocation/Acceleration; Sentence, Excessive) Trial court ordered revocation to be served day-for-day (one calendar year), which exceeded the trial court’s authority in revocation proceedings.

Vassar, James v. State, COCA Case No. RE-2000-1566, (Sept. 7, 2001)
(Revocation, appellant ineligible for suspended sentence)

Wallace, Toni Jo v. State, COCA Case No. RE-2003-902 (August 18, 2004)
(Sentence, Excessive; Revocations) Sentence modified because it exceeded the statutory maximum.

Webb, Jason Lee v. State, COCA Case No. RE-2010-10 (April 5, 2011)
(Revocation/Acceleration Decisions; Sentence, Excessive; Youthful Offender) Based on State’s agreement that sentence must be modified because revocation of five years failed to take into consideration the three years and twenty-one days previously served as a Youthful Offender; thus only four years and forty-four days could be revoked.

Weiss, Russell John v. State, COCA Case No. RE-2014-392 (March 18, 2015)
(Sentence, Excessive) Post-imprisonment supervision imposed at revocation hearing stricken as impermissibly lengthening the sentence.

Weston, Chief Allen v. State, COCA Case No. RE-2013-409 (August 11, 2014)
(Revocation/Acceleration Decision; Sentence, Excessive) Revocation affirmed but remanded for entry of order granting credit for time served previously.

Williams, Earnest v. State, COCA Case No. RE-2002-1124 (August 22, 2003)
(Revocations) Trial court had no jurisdiction to revoke where sentence had expired.

Williams, Kathleen v. State, COCA Case No. RE-2000-1512, (Oct. 30, 2001)
(Revocation, Right to Counsel free from conflict, Defense counsel was previous DA)

Woods, Ronnie Eugene v. State, COCA Case No. RE-2014-1030 (March 23, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court lacked authority to order revoked sentences be served consecutively, when the original Judgment and Sentence ordered the sentences served concurrently.

Wren, Sheila Diane v. State, COCA Case No. RE-2004-1033 (February 28, 2006)  (Revocation/Accelerations; Sentence, Excessive) Revocation order modified to reflect time previously served.

Wright, Kevin v. State, COCA Case No. F-2000-456, (Nov. 27, 2000)
(Acceleration, Can only accelerate fines and costs on counts being accelerated)

Wright, Jeremy v. State, COCA Case No. RE-2000-434, (March 9, 2001)
(Revocation, 20-day Rule violation)

Wright, Jeffery Edward v. State, COCA Case No. RE-2003-0106 (May 12, 2004)
(Sentence, Excessive; Revocation) Trial court lacked jurisdiction to revoke sentence that expired prior to the filing of application to revoke.

Wyles, Bobby Ray Jr. v. State, COCA Case No. RE-2005-355 (April 21, 2006)  (Sentence, Excessive) Suspended sentences ordered originally to be served concurrently cannot be ordered to be served consecutively at subsequent revocation hearing.

 

- X,Y, Z-

Young, Hugo v. State, COCA Case No. RE-2000-251, (Feb. 2, 2001)
(Revocation, excessive sentence, abuse of discretion)