Legal Opinion · Dissent

WINBUSH v. STATE

Court of Criminal Appeals of Oklahoma

Decided November 29, 2018No. RE-2016-995Published

1Dissent

KUEHN, JUDGE, DISSENTING:

¶ 1 Revoking Appellant's suspended sentence in full for failure to pay fines, costs, assessments and supervision fees was an abuse of discretion, as the trial court did not make inquiry and did not make a finding on the Appellant's inability to pay, the propriety of reducing the fine or extending the time for payments, or the possibility of making alternative orders. I dissent.

¶ 2 In Bearden v. Georgia , 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), the Supreme Court held a defendant's probation cannot be revoked (and thus converted into a *1281jail term) for his…

2Cases cited22 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. Turner v. RogersSupreme Court of the United States · 2011
  3. Del Valle v. StateSupreme Court of Florida · 2011
  4. Berdin v. StateMississippi Supreme Court · 1994
  5. Smith v. StateMississippi Supreme Court · 1999

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