Appeals court denies DA's request to reverse judge's decision

The Oklahoma Court of Criminal Appeals has denied an appeal by Cleveland County's top prosecutor to reverse a judge' s decision to keep a woman in a drug court program after she violated the terms of her performance contract.

District Attorney Greg Mashburn argued Judge Jeff Virgin considered irrelevant evidence at a June hearing for Desire Nicole Sambrano after she was arrested on a complaint of driving under the influence. The district attorney complained in a petition that Virgin “impermissibly considered” Sambrano's actions after the district attorney sought to terminate the woman from the program following her arrest. The court's Aug. 5 order denying Mashburn's request was unanimous.

“Whether to terminate a participant from drug court is a decision left to the discretion of the drug-court judge,” the order stated. “Decisions concerning the admission of evidence are likewise discretionary.”

On March 1 4, Sambrano pleaded guilty to driving under the influence and agreed to enter and complete the county's drug court program to avoid a jail sentence. On March 21, she missed her first drug court session, citing a work conflict. Three days later, she was arrested and subsequently charged with driving under the influence, court documents show. On March 29, Mashburn filed the motion to terminate and sentence Sambrano in accordance with her plea agreement. Virgin subsequently denied the motion.”Really, it is about protecting the integrity of our drug court program,” Mashburn told The Oklahoman after filing the appeal. “These programs work. ... We need people who are going to show up and take advantage of them.”

Reached Wednesday, Mashburn said the court order has “rendered the program meaningless.”

“Now the other participants and their attorneys are preparing their strategy to fail the program but if they are about to get terminated just check themselves into rehab,” he said. “They openly admit it.”

At the hearing, Virgin determined that while Sambrano had violated the terms and conditions of her performance contract, her conduct did not require revocation from the program.”

The court does not find sufficient evidence has been presented to show graduated sanctions have failed to gain defendant's compliance,” the judge wrote in a summary order.

Defense attorney Drew Nichols said Wednesday that Sambrano didn't have the benefit of a single drug court session between the time she pleaded guilty to driving under the influence and her second arrest, a span of 10 days. Since attending her first drug court session on March 28, Sambrano has stayed sober, completed Phase One of the program and is on track to