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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,U - V,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.
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.
Anderson, Jeffrey v. State, COCA Case No. RE-2000-0688 (April 17, 2001)
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.
(Revocation, 20-day rule violation)
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.
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.
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.
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.
Cully, Daniel Wayne v. State, COCA Case No.
RE-2015-844 (August 17, 2016)
(Sentence, Excessive; Statutory Construction) Post-imprisonment supervision
imposed at revocation vacated because sentence imposed prior to statutory
provision allowing.
Creekmore, Jeremiah William v. State, COCA Case No.
RE-2012-0711 (September 20,
2013)
(Revocation/Acceleration Decisions; Abuse of Discretion) State failed to present
evidence that Judgment and Sentence was final. Reversed for new revocation
hearing.
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.
Dority, Deaundrae Lance v. State, COCA Case No.
F-2004-0328 (July 13, 2005)
(Revocation/Acceleration Decisions) Acceleration hearing held without defense
counsel. The record did not support valid waiver of the right to counsel.
Reversed and remanded.
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.
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)
Fields, Jimmy Lee v. State, COCA Case No.
RE-2015-765 (October 11, 2016)
(Revocation/Acceleration Decisions; Sentence, Excessive) Affirmed but remanded
for correction to eliminate language reflecting imposition of post-incarceration
supervision, which was not part of original sentence, nor part of the oral
pronouncement at the revocation hearing.
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, 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.
Frierson, Sedrick v. State, COCA Case No.
RE-2008-1001
(January 6, 2010)
(Sentencing) Remanded for correction order to state that the balance of the
term of suspended sentences is to be unsupervised. Oral pronouncement governs
over erroneous written order.
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.
Garza, Jeremy L. v. State, COCA Case No.
M-2017-739 (May 31, 2018)
(Revocation/Acceleration Decisions) Acceleration reversed where record failed to
show valid waiver of counsel and client appeared pro se when deferred sentence
accelerated to the maximum for the offense.
Gay, Michael Wayne v. State, COCA Case No. RE-2002-1245
(August 15, 2003)
(Sentence - Excessive) Sentence greater than the statutory maximum.
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.
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)
Greenlow, James Curtis v. State, COCA Case No.
RE-2012-0575 (July 10, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Revocation affirmed but
remanded for modification of sentences that exceeded the statutory maximum.
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.
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.
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.
Harris, Danielle Marie v. State, COCA Case No.
C-2017-458 (August 9, 2018)
(Guilty Plea Decisions) Error to terminate hearing on motion to withdraw plea
for failure to specify the basis of the challenge in the motion to withdraw.
Remanded for further proceedings.
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.
Hayes, Zachary Glenn v. State, COCA Case No.
RE-2009-0080
(February 19, 2010)
(Revocation/Acceleration Decisions; Fines, Fees and Costs) Costs of
incarceration assessed at revocation hearing vacated.
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.)
Henderson, Todd Aaron v. State, COCA Case No.
RE-2012-590 (August 14, 2013)
(Revocation/Acceleration Decisions; Sentence, Excessive) Application to Revoke
filed one day after the sentence expired reversed with instructions to dismiss.
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.
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.
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.
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.
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.
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, Andrell v. State, COCA Case No.
RE-2012-0848 (August 15, 2013)
((Revocation/Acceleration Decisions; Sentence, Excessive) The record does not
show there was a previously imposed suspended sentence to be revoked. Revocation
order vacated.
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.
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.
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.)
Kemp, Therman Krishawn v. State, COCA Case No.
RE-2008-753
(February 8, 2010)
(Revocation/Acceleration Decisions; Sentence, Excessive) District Court had
no authority to revoke a suspended sentence that had already been served. Order
vacated.
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)
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)
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.
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.")
Logan, Kathy Lynn v. State, COCA Case No.
RE-2015-735 (September 30, 2016)
(Revocation/Acceleration Decisions; Right to Counsel; Abuse of Discretion) Trial
court abused discretion when proceeded with revocation hearing without counsel
for defendant. Reversed and remanded for further proceedings.
Long, Bryan William, Jr. v. State, COCA Case No.
F-2007-636 & C-2007-743 (July 15, 2008)
(Drug Court; Sentence, Abuse of Discretion) Error to change sentence upon
termination of drug court in a way that enlarges sentence originally imposed.
Judicial Review limits District court is limited in 12 month judicial reviews to
downward sentencing modifications.
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)
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.
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.
Mirich, Samuel David v. State, COCA Case No.
RE-2011-606
(June 14, 2013)
(Revocation/Acceleration Decisions; Evidence, Sufficiency) State failed to
prove finality of conviction relied upon as probation violation.
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.
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, Excessive; Revocation/Acceleration Decisions) The trial court abused
discretion in revoking entire sentence.
Payton, Dara D. v. State, COCA Case No.
F-2011-4 (September
6, 2012)
(Revocation/Acceleration Decisions; Sentencing) Remanded to district court
with instructions to correct the Deferment Order to correctly memorialize the
terms and conditions of the deferment orally pronounced by the court.
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)
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.
Ring, Dewayne Eugene v. State, COCA Case No.
RE-2004-445 (July 12, 2005)
(Revocation/Acceleration 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.
Rumbaugh, Jack Richard v. State, COCA Case No.
F-2007-1165 (March 27, 2009) (Drug
Court; Sentence, Abuse of Discretion) Termination of Drug Court was abuse of
discretion. Reversed with instructions to reinstate into the Drug Court Program.
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, James Dion v. State, COCA Case No.
F-2008-786
(February 18, 2010)
(Revocation/Acceleration Decisions) Acceleration of sentence was based upon
an act committed after the term of deferred sentence had expired. Reversed to
dismiss.
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.
Snyder, Waylon Dean v. State, COCA Case No.
RE-2013-555 (June 2, 2014)
(Drug Court Termination) State failed to inform Appellant regarding the
allegations on which it would rely to advocate termination from the Drug Court
Program. Reversed with instructions to dismiss.
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.
Taylor, Allen James v. State, COCA Case No.
F-2008-824
(February 22, 2010)
(Revocation/Acceleration Decisions; Drug Court) Error for District Court to
order sentences after Drug Court Termination to run consecutively when the
original sentence imposed ordered the sentences served concurrently.
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.
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
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
Thompson, Amanda Moncella v. State, COCA Case No.
F-2009-648 (August 31,
2011)
(Revocation/Acceleration Decisions; Guilty Plea Decisions) Acceleration
case, but defendant not advised at the time of acceleration of right to move to
withdraw the guilty plea. Defendant "properly sought an out of time certiorari
appeal through a request for post-conviction relief," the matter must be
remanded to allow defendant the opportunity to withdraw her plea.
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.
- 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)
Ward, Markeese Kreashawmn v. State, COCA Case No.
C-2010-77 (May 4, 2011)
(Revocation - Drug Court; Sentence, Excessive) After plea of guilty,
defendant was ordered to Delayed Sentencing Program for Young Adults but did not
successfully complete the program. One year later, trial court gave defendant a
second chance to try RID, and sanctioned to five months in County Jail. COCA
holds that trial court’s effort to give a "second chance" was, in fact, the time
at which sentence was imposed, which could not later be increased.
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)
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