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S-2010-540

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In OCCA case No. S-2010-540, Cavner appealed his conviction for Driving While Under the Influence of Alcohol. In an unpublished decision, the court decided to uphold the district court's decision to suppress the evidence. One judge dissented. The case began when the State of Oklahoma charged Cavner with Driving While Under the Influence of Alcohol. He argued that the traffic stop was not justified because there was no reasonable suspicion for the stop. The district court agreed to suppress the evidence but did not dismiss the case entirely. On appeal, the State argued that the district court made an error by suppressing the evidence. When reviewing these kinds of cases, the court looks at the facts presented and defers to the trial court's findings unless something is clearly wrong. It was nighttime when Deputy Yarber observed a vehicle in the parking lot of an abandoned grocery store. He noted that the car left the parking lot in a lawful manner as he and another officer approached. The deputy did not mention any specific criminal activity and had no reason to believe something illegal was happening. Another officer had previously looked into possible drug activity in the area, but that had not been reported recently. In such situations, officers are allowed to check on people they find in unusual circumstances. However, since the vehicle drove away from the parking lot before Yarber could approach, he needed to stop it on a highway, which changes the situation from a simple question into a detention, known as a traffic stop. The law requires that a traffic stop must be supported by something more than just a hunch or general suspicion. The court explained that deputies must have reasonable suspicion to make a legal traffic stop. They look for specific facts suggesting that a crime may be occurring, which was not the case here. The deputy did not have enough evidence or reasons to suspect that Cavner was committing a crime simply because he was in the parking lot of an abandoned store late at night. The court referenced a prior case to support its decision, comparing the circumstances to those in a previous ruling where a stop was also deemed unlawful due to lack of reasonable suspicion. In Cavner's case, the court ruled that the officers did not have enough evidence to justify the traffic stop. Ultimately, the court affirmed the district court's order to suppress the evidence gathered during the stop, meaning the evidence could not be used against Cavner. The decision highlighted the importance of having proper legal grounds for police actions, ensuring that citizens' rights are protected under the law.

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J 2010-0788

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In OCCA case No. J-2010-0788, the appellant appealed his conviction for Assault and Battery With A Deadly Weapon. In an unpublished decision, the court decided to reverse the order that imposed an adult sentence and remand the case for sentencing as a Youthful Offender if the appellant is convicted. One judge dissented. The appellant, who was born on March 12, 1994, faced charges in the District Court of Muskogee County where he was labeled a Youthful Offender. A motion was filed by the State for an adult sentence, while the appellant sought to be treated as a juvenile. The court held a hearing, and the judge denied the appellant's request to be treated as a juvenile. The same judge also granted the State's request for an adult sentence. The appellant raised three main arguments on appeal. First, he claimed the written order for the adult sentence did not match what the judge said during the hearing. Second, he argued that the trial court did not show clear and convincing evidence to justify an adult sentence. Third, he said it was wrong for the court to deny his request to be treated as a juvenile. According to the law, to punish someone as an adult, the court must find strong evidence that the individual could not adequately be rehabilitated or that the public would be at risk. The court found that the trial judge did not make the necessary findings to support an adult sentence and actually believed the appellant could complete rehabilitation and that public safety would not be compromised. Therefore, the court agreed with the appellant that the decision to treat him as an adult was wrong, thus reversing that part of the judgment. However, regarding the second argument about treating him as a juvenile, the court disagreed. The judges felt the trial judge had enough reasons to treat the appellant as a Youthful Offender instead of a juvenile. In conclusion, while the order for an adult sentence was reversed, the court confirmed that the decision to treat the appellant as a Youthful Offender was appropriate. The case was sent back to the lower court to proceed with sentencing as a Youthful Offender if he is found guilty.

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F-2009-774

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In OCCA case No. F-2009-774, John Calvin Winrow, Jr. appealed his conviction for Unlawful Possession of Controlled Drug With Intent to Distribute (Cocaine) and Possession of Controlled Substance (Marijuana). In an unpublished decision, the court decided to affirm Winrow's convictions but remand the case to the district court for a ruling on whether his sentences should be served consecutively or concurrently. One judge dissented regarding the remand for sentencing.

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F-2009-1002

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In OCCA case No. F-2009-1002, Rickey Dewayne Prince appealed his conviction for multiple serious crimes, including possession of child pornography, lewd molestation, and first-degree rape. In an unpublished decision, the court decided to modify some of his sentences but upheld his convictions. One judge dissented. Rickey Dewayne Prince faced a jury trial where he was found guilty on multiple counts related to child exploitation and abuse. His punishment included lengthy prison sentences, with certain counts requiring him to serve them consecutively, leading to a total of many years behind bars. After the trial, Prince raised several arguments in his appeal. He claimed that he did not receive a fair trial due to various reasons. These included improper support for the victims' testimonies by a nurse, errors in how the charges were brought, issues regarding the admission of his own statements to police, and claims about his lawyer not doing a good enough job defending him. The court reviewed these points carefully. They found that while some mistakes occurred, like using the wrong statute for charging possession of child pornography, the overall outcome of the trial was justified. The judges believed that the evidence presented during the trial strongly supported Prince's convictions, even without additional corroborating details from other sources. In some points of his appeal, Prince's arguments were dismissed because he did not raise them in time during the trial, which limited how much the court could consider his issues. They also decided that any errors that did happen were not serious enough to change the trial's verdict or give him the right to a new trial. As a result, while some of Prince's sentences were adjusted to be less severe, the court affirmed many of his convictions for serious crimes against children, keeping him under a long prison sentence for his actions. The court made changes to the official records to properly reflect the legal basis for his convictions while confirming that he did not face unfair treatment during his trial.

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RE-2009-239

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In OCCA case No. RE-2009-239, the appellant appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to modify the order of revocation to allow for concurrent sentences instead of consecutive sentences. One judge dissented regarding the finding of excessiveness in the revocation order. In the case, the appellant, who was originally given the benefit of a deferred sentence and then suspended sentences, was accused of violating his probation by not reporting to his probation officer. The sentencing judge ultimately revoked his suspended sentences and imposed a total of eight years in prison, which he argued was excessive. The court reviewed the record and statements made by the judge during the revocation hearing. They determined that although the judge had the power to revoke less than the full suspension, the circumstances of the case warranted a modification to allow the sentences to be served concurrently, rather than consecutively as originally ordered. Additionally, the appellant contended that a second assessment for victim compensation was unlawful, as it exceeded the statutory limit. However, the court noted that the compensation assessments were appropriate and not void, concluding that this issue did not affect the validity of the revocation order itself. The final decision directed the district court to change the revocation order to reflect concurrent serving of sentences while affirming the other aspects of the revocation.

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C-2010-337

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In OCCA case No. C-2010-337, Derrick Ewayne Bickham appealed his conviction for felonious pointing of a firearm and being a felon in possession of a firearm. In an unpublished decision, the court decided to deny his appeal. One member dissented. Bickham entered no contest pleas for several charges in a District Court, resulting in a 20-year sentence for robbery and other related offenses. He argued that his pleas were made under coercion and did not reflect a clear understanding of the situation due to his mental health issues. However, the court found that Bickham entered his pleas knowingly and voluntarily, dismissing his claims of coercion. Additionally, Bickham contested that he should not have to pay for the costs related to his incarceration. The court ruled that he could challenge the cost calculation in a different court proceeding. The decision denied Bickham's petition but sent the case back to the District Court to assess if he was considered mentally ill, which could exempt him from incarceration costs.

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C-2010-287

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In OCCA case No. C-2010-287, Juan Carlos Hernandez-Montanez appealed his conviction for multiple crimes including Second Degree Burglary, Kidnapping, and Assault with a Dangerous Weapon. In a published decision, the court decided to modify his ten-year sentence for Second Degree Burglary to seven years but upheld the rest of the convictions and sentencing. One judge dissented regarding the review process. Hernandez-Montanez was initially charged with many serious crimes but agreed to a plea deal that changed the charges. He pleaded guilty to the amended counts and was sentenced to serve a total of time in prison and jail. After a short period, he wanted to take back his guilty plea, claiming it wasn't done correctly. The case was reviewed, and the court looked closely at the reasons Hernandez-Montanez gave for wanting to withdraw his plea. He said his ten-year sentence was too long and that the court did not fully check if he understood his guilty plea. He also claimed he did not get proper help from his attorney during the process. After reviewing everything, the court found that Hernandez-Montanez's arguments did not hold up. They decided that there was a good reason to accept his guilty plea and that he understood what he was doing. The court modified one part of his sentence but left the rest as it was. The judges agreed on most points, but one judge had a different opinion about some legal processes.

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J-2010-653

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In OCCA case No. J-2010-653, the appellant appealed his conviction for multiple charges, including arson and assault on a police officer. In an unpublished decision, the court decided to reverse the juvenile court's order certifying the appellant as an adult. Two justices dissented. The appellant, who was around seventeen-and-a-half years old at the time of the incidents, faced serious charges, including arson and endangering human life. The state wanted to treat him as an adult, and a judge agreed to this on June 25, 2010. However, the appellant's defense argued that the state did not provide clear and convincing evidence to support this decision. During the appeal, the court examined whether the evidence justified treating the appellant as an adult. The judges noted that the law allows for such decisions only in exceptional cases, where a child is deemed not able to benefit from rehabilitation provided in juvenile programs. The appellant's side argued that he was receptive to treatment, as shown by his actions post-incident. He was receiving proper medical treatment after struggling with prescription medication and alcohol use, and he was advancing in his rehabilitation efforts. The justices found that the evidence presented showed the appellant was amenable to treatment and could be rehabilitated if kept within the juvenile system. The court emphasized that just because the acts committed were serious does not mean the child should be treated as an adult without proper evidence. Ultimately, the appeal resulted in the reversal of the certification order, meaning the appellant should not be treated as an adult and should be retained in the juvenile system. The dissenting opinions raised concerns about the risks of letting the appellant remain a juvenile, suggesting that not treating him as an adult could endanger the community given the serious nature of his actions. They believed that the judge's original decision should have been upheld. In conclusion, the majority opinion favored rehabilitation over punishment as an adult, highlighting the importance of the juvenile justice system's focus on the potential for reform and supervision.

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C-2010-210

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In OCCA case No. C-2010-210, Eric Anthony Damon appealed his conviction for Lewd or Indecent Proposals or Acts to a Child Under Sixteen. In an unpublished decision, the court decided to grant his petition and remand the case for a new hearing, allowing Damon to appoint new counsel. One member of the court dissented. Eric Anthony Damon faced serious charges, and he decided to enter a guilty plea without fully understanding all the details. After entering the plea, he felt that his defense lawyer did not help him properly, especially during the trial. He thought this was unfair and wrote to ask the court if he could change his plea. The court discussed whether Damon should get a new lawyer to help him withdraw his guilty plea. When someone says their lawyer didn’t help them well, the law usually says they should have a different lawyer to make sure everything is alright. The court realized that it can be really tricky when the same lawyer is trying to help with the plea withdrawal while being accused of not doing a good job. Damon had reasons to believe his plea wasn’t fair. During the trial, he had trouble with getting some witnesses to show up. He felt forced to plead guilty since his lawyer could not call certain key witnesses who might have helped him. The court didn’t want to decide if his plea was valid right away. Instead, they thought it would be best to let Damon have a new lawyer represent him in this important matter. In summary, the court agreed with Damon and said he should have a chance to explain his situation better with new legal support. They ordered this to be done and made sure Damon had the right to defend himself with a lawyer who could deal with his concerns about his earlier representation.

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C-2009-1192

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In OCCA case No. C-2009-1192, Valentine Palos-Tellos appealed his conviction for Assault and Battery with Intent to Kill and Attempted Kidnapping. In a published decision, the court decided to grant his petition for a writ of certiorari and remanded the case for a new hearing on his motion to withdraw his plea. One judge dissented.

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M 2009-1064

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In OCCA case No. M 2009-1064, Jesse Douglas Stein appealed his conviction for Domestic Abuse- Assault and Battery. In a published decision, the court decided to reverse the Judgment and Sentence and remand the matter for a new trial. One judge dissented. Jesse Douglas Stein was charged with domestic abuse and had a trial without a jury. He was found guilty and got a sentence that included some jail time and a fine. However, Jesse claimed that he did not properly give up his right to have a jury trial, which is really important. The court found that there was not enough proof that he made this choice in a clear and smart way. During the appeal, the State tried to add more information to the case, but the court decided that this new information did not prove that Jesse had given up his right to a jury trial the right way. Because of this mistake, the court said that they would send the case back for a new trial where Jesse could have a jury. The judges agreed that they needed to reverse the earlier decision because of the issues with the jury trial waiver. They did not need to look at other reasons Jesse gave for appealing since they already decided to reverse the decision and start fresh. In summary, Jesse's conviction was overturned, and he was given another chance for a trial with a jury.

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F-2008-434

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In OCCA case No. F-2008-434, Dusty Ray McGee appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Dusty Ray McGee was found guilty of murdering a homeless man named John Seeley after a brutal attack. The attack happened when McGee and others returned to an abandoned apartment complex where Seeley was staying. They confronted him because they were stealing metal from the site. During this attack, McGee, along with his accomplices, kicked and hit Seeley multiple times with different objects. After the assault, they took pictures of the injured Seeley, who was still alive at that time. McGee was arrested a few days later and admitted to being part of the attack but claimed he didn't intend to kill Seeley. He mentioned that he wanted to call an ambulance afterward but was threatened by one of his accomplices. During McGee's trial, there were several issues. The jury asked many questions that showed they were confused about what made a crime first or second-degree murder and how sentencing worked. The judge didn’t handle these questions properly and didn’t bring the jurors back to discuss their worries in front of everyone. This made it hard for the jury to understand everything they needed to know to make a fair decision. The court acknowledged that the improper handling of the jury's questions likely impacted McGee's rights to a fair trial. Because of these errors, the court reversed McGee's conviction and ordered a new trial, suggesting that the previous trial did not follow the required legal procedures properly.

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S-2009-944

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In OCCA case No. S-2009-944, the defendant appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to uphold the lower court's ruling that the amendments to the Sex Offender Registration Act did not apply to the defendant. A dissenting opinion was not stated. The case involved the defendant, who was previously charged under the Sex Offender Registration Act. The key question was whether later amendments to the law should apply to him or not, given that he had entered a plea in 1999 and had complied with the previous legal conditions. The magistrate in the lower court determined that the law changes would be unfair to apply retroactively in the defendant's case. The court explained that new laws usually apply to future actions unless they are explicitly stated to have retroactive effects. They found no clear indication in the legislature's changes to imply that the new requirements should apply to those who had already been sentenced under the old rules. The court confirmed that since the amendments would change the defendant's obligations significantly, these substantive changes should not apply to him. As a result, the decision maintained that the lower court's refusal to move forward on the charge against the defendant could stand, with the matter being sent back to the District Court for any further actions needed, while affirming that the defendant was correct in his assertion that the recent amendments did not apply to him.

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F-2009-177

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In OCCA case No. F-2009-177, Jesse James Stout appealed his conviction for sexual abuse of a child and exhibition of obscene materials to a minor child. In an unpublished decision, the court decided to affirm some convictions and reverse others. One judge dissented. Jesse James Stout was found guilty by a jury of eight counts of sexual abuse of a child and three counts of exhibiting obscene materials to a minor. He received a total sentence of many years in prison for these convictions. The sentences for some counts were served one after another, which is called consecutive sentencing. Stout raised several points in his appeal. First, he claimed that the trial court should have let him stop talking to the police when he asked for a lawyer. However, the court determined that his request was not clear enough, and since he had not been charged with the crimes at that time, his rights had not been violated. Second, he argued that having eight counts of sexual abuse was wrong when it should have been fewer counts. But the court found that the State had clearly explained all the charges, and the jury was told to look at each claim separately. Third, Stout contended that the trial court made a mistake by changing the charges at the end of the trial. The court allowed the State to change the information for the three counts of showing obscene materials. The trial court said this change would not hurt Stout's defense because the new charge carried a lesser sentence. However, the court found that this amendment was unfair and hurt Stout’s ability to defend himself properly because it changed the nature of what he was being charged with. As a result of these findings, the court affirmed the convictions related to the eight counts of sexual abuse, but reversed the convictions for the three counts of exhibiting obscene materials and ordered a new trial for those counts. Some judges agreed with the decisions while one judge disagreed with the reversal of the three counts.

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C-2009-542

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In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

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F-2009-563

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In OCCA case No. F-2009-563, Hall appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm his conviction and sentence but modified the amount of his fine. One judge dissented. Hall was found guilty by a jury and sentenced to thirty years in prison and a $25,000 fine. He raised three main points in his appeal. First, he argued that the trial court made a mistake when trying to explain reasonable doubt to the jury. The court found no error here since the trial did not misdefine the term. Second, Hall felt that the jury was given the wrong information about the possible punishment range. However, the court confirmed the instructions were correct but agreed that the fine was set improperly. They ended up reducing Hall's fine to $10,000 because the jury had been given the wrong information about the fine amounts. Lastly, Hall's appeal included a claim that he should have been allowed to argue for a lesser charge related to drug possession, but the court ruled there wasn't enough evidence for this. In summary, the court upheld Hall's conviction and prison sentence, but they lowered the fine he had to pay.

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F-2009-614

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In OCCA case No. F-2009-614, John Wesley Revard appealed his conviction for Robbery With A Dangerous Weapon. In an unpublished decision, the court decided to affirm the judgment but modify Appellant's sentence to thirty (30) years of imprisonment. One judge dissented. John Wesley Revard was found guilty by a jury for using a dangerous weapon during a robbery. The jury decided he should spend 40 years in prison, but his appeal led to a change that reduced his sentence to 30 years. Revard claimed several mistakes were made during his trial. He argued that the trial court should have allowed the jury to consider a less serious charge of robbery. The court found that there was not enough evidence to support the lesser charge, so they did not agree with that argument. He also said that the prosecutor acted improperly during the trial and that it made the trial unfair. However, the court looked at everything and concluded that while there may have been some questionable remarks, they did not harm the fairness of his trial. Revard pointed out that the court allowed evidence of other crimes that he was not being tried for, claiming it unfairly affected his case. The court agreed that some of this evidence was not relevant but believed it did not change the outcome of the trial. Additionally, Revard claimed that certain references to probation during the sentencing phase were not proper and prejudiced the jury against him. The court found that these references did affect his rights and decided that this was a significant enough mistake to change his sentence. Lastly, Revard argued that his lawyer did not perform well enough to help him during the trial. The court determined that even with these claims, he did not provide enough evidence to show that he would have won if his lawyer had done a better job. In conclusion, the court confirmed his conviction but reduced his prison term from 40 to 30 years based on the issues presented during the sentencing.

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S-2009-858

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In OCCA case No. S-2009-858, Jeffrey Dale Brumfield appealed his conviction for Possession of Methamphetamine. In a published decision, the court affirmed the district court's ruling that evidence discovered during a search of his vehicle should be suppressed. The ruling was based on the fact that the officer did not have enough probable cause to conduct the search after initially letting the Brumfields go. In this case, one judge dissented. In OCCA case No. S-2009-862, Margaret Ann Brumfield also appealed her conviction for Possession of Methamphetamine. The decision in her case followed the same reasoning as her husband's case, reaffirming the district court's decision to suppress evidence. The judge's ruling was similarly supported by the reasoning that the officer lacked the necessary probable cause for the searches conducted. Again, one judge dissented on the conclusion reached by the majority. The essential facts involved a traffic stop initiated because of speeding and a lack of a valid driver's license. The officer suspected drug use and searched the vehicle, which initially produced no evidence. The second search resulted in the discovery of methamphetamine after a recording revealed incriminating conversation. Ultimately, the court concluded that the officer's actions were not justified legally, leading to the suppression of the evidence collected.

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S-2009-862

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In OCCA case No. S-2009-858, Jeffrey Dale Brumfield appealed his conviction for Possession of Methamphetamine. In a published decision, the court decided to affirm the district court's order suppressing evidence. Margaret Ann Brumfield was also charged with the same crime in a companion case numbered S-2009-862, and the same ruling applied. The case began when Trooper Johnson stopped the vehicle driven by Mr. Brumfield for speeding and discovered he did not have a valid driver's license. Mrs. Brumfield was a passenger in the vehicle. During the stop, the officer suspected Mr. Brumfield was under the influence of a drug, so he had both Brumfields sit in the patrol car while he searched the vehicle. Initially, he found nothing, and he allowed them to leave. However, after listening to a conversation the couple had in the patrol car, he suspected there might be drugs under the passenger seat. When he searched again, he found methamphetamine. The State appealed the district court’s decision, arguing that the officer did have the right to search the vehicle due to Mr. Brumfield’s behavior and suspected drug use. However, the court upheld the lower court's decision, stating that reasonable suspicion (which the trooper had) is not enough for probable cause. The initial search was not justified, leading to the suppression of the evidence found later. Thus, the court's final decision affirmed the district court’s ruling that the search was unreasonable, and therefore, the evidence obtained could not be used in court against the Brumfields.

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C 2009-665

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In OCCA case No. C 2009-665, Sutton appealed his conviction for possession of child pornography. In a published decision, the court decided to grant Sutton's request to withdraw his guilty plea. Sutton dissented. Petitioner Donald Edward Sutton, Jr. had pleaded guilty to a serious crime. The judge sentenced him to twenty years in prison, but he would only serve eight of those years before possibly getting out. After the plea, Sutton thought things were unfair and said he didn't understand everything when he agreed to plead guilty. Sutton said he didn’t know about important details like having to spend 85% of his time in prison before being eligible for parole or that he would have to register as a sex offender. He felt that he didn't get the help he needed from his lawyer when he entered his plea and when he tried to take it back later. Sutton thought his 20-year sentence was too harsh, especially because he believed there were reasons to be lenient. After reviewing all the information provided, the court agreed that Sutton wasn't given all the facts he needed to make an informed choice about his plea. This omission made his agreement invalid since he didn’t enter it knowingly and voluntarily. The court decided that he should be allowed to withdraw his plea and gave orders for the case to go back for further consideration. The other claims Sutton made about his lawyer and the fairness of his sentence became unnecessary to discuss because of this main issue. In summary, Sutton was given a chance to change his plea because the court found that he wasn’t properly informed about important consequences of his decision.

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F-2008-433

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In OCCA case No. F-2008-433, #x appealed his conviction for First Degree Child Abuse Murder. In a published decision, the court decided to affirm the conviction but modify the sentence to life imprisonment with the possibility of parole after thirty years. #n dissented. Vicki Leigh Chiles was the owner of a day care and was taking care of several children, including a two-year-old boy named Joshua Minton. One day, Joshua didn't want to take his afternoon nap and was being noisy. To handle this, Chiles put him in a separate bedroom by himself and covered his mouth and hands with masking tape. Tragically, while he was alone, Joshua vomited and suffocated. When officials arrived at the day care for a surprise inspection, they found Chiles trying to give Joshua CPR. Unfortunately, he was not breathing, and emergency responders could not save him. The medical examiner determined that Joshua died due to lack of oxygen caused by the masking tape blocking his mouth after he vomited. During the trial, Chiles wanted the jury to be told that her actions could be considered an accident and asked for instructions about discipline. However, the court denied these requests. The court determined that it was clear her actions were not done with usual caution, which meant they couldn't qualify as an accident under the law. Chiles also argued that the jury should have been allowed to consider a lesser charge of second-degree murder. However, the court explained that because Joshua was a child and Chiles’ actions were considered unreasonable force, this charge was not available. Additionally, Chiles felt it was a mistake that the jury wasn't properly informed about what life without parole meant. The jury had confusion about the sentencing options available to them regarding her punishment. Due to this confusion, the court decided to change her sentence to allow for the possibility of parole after thirty years, instead of life without parole. In conclusion, while Chiles' conviction was upheld, her punishment was modified to allow for the possibility of parole, recognizing the jury's confusion about the sentencing terms.

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F-2009-129

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In OCCA case No. F-2009-129, David Deontae McCoy appealed his conviction for burglary, robbery, and assault. In an unpublished decision, the court decided to affirm some of the convictions, reversed one, and ordered a new trial for that count. One judge dissented. David Deontae McCoy was found guilty by a jury for several serious crimes, including first-degree burglary, robbery by two or more persons, and assaults with dangerous weapons. He received long prison sentences for each count, but they would all be served at the same time. McCoy argued that his convictions were based on unreliable eyewitness accounts, especially regarding a witness named Megan Kinter. He claimed that because the eyewitnesses were mistaken, his convictions should be thrown out. He also pointed out that the trial court made a mistake by not giving a specific warning to the jury about believing eyewitness identification. Another important point McCoy raised was about getting punished multiple times for the same incidents. He said that the law protects him from being punished more than once for the same crime and argued that some of his charges violated that protection. McCoy thought he did not get a fair trial because the jury was not given all the necessary details about what his assault charges entailed. He also claimed that certain photographs shown during the trial should not have been allowed because they could be unfairly upsetting and hurt his case. Additionally, McCoy accused the prosecutors of bad behavior during the trial, which he said prevented him from having a fair trial. He claimed that his lawyer did not help him enough during the trial, which is also a right he has. After reviewing McCoy's arguments, the court found that the evidence against him was strong enough that he was likely involved in the crimes. They said that even if there were issues about the eyewitness identification, it did not weaken the case enough to change the outcome of the trial. The court mentioned that the trial judge did not correctly instruct the jury about the important parts needed to prove one of the assaults. Because of this, they decided that it was necessary to reverse that conviction and order a new trial. For another assault charge, although there was also a mistake in instructions, the court believed that it wouldn't have changed the result of the trial. So, they did not reverse that conviction. Finally, the court corrected a mistake about how McCoy's convictions were recorded, making sure the written records reflected what he was actually charged with. So, while two of McCoy’s convictions were kept, one was sent back for a new trial due to issues with how the jury was instructed.

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F-2009-530

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In OCCA case No. F-2009-530, Jacinda Simone Osborne appealed her conviction for First Degree Robbery. In an unpublished decision, the court decided to modify her conviction to Second Degree Robbery. No one dissented. Osborne was found guilty of robbing someone in Tulsa County. The jury said she should serve fifteen years in prison and pay a $5000 fine. She felt that the trial did not go well for her. She raised three main points that she thought were errors. First, she believed the court should have explained to the jury what serious bodily injury meant. Second, she thought the jury should have been given the option to consider a lesser crime, Second Degree Robbery. Third, she claimed there wasn't enough evidence to support the serious charge of First Degree Robbery. The court reviewed everything carefully. They looked at the facts of the case and the laws. They agreed with Osborne on her third point. Even though the victim was hurt during the robbery, the proof did not show that the robbery met the higher standard needed for First Degree Robbery. There were no serious injuries or threats that would elevate the crime from Second to First Degree. So, the court changed her conviction to Second Degree Robbery, which is a lesser charge. The court said her original sentence would stay the same. This means that while the serious charge was changed, she would still serve fifteen years in prison and pay the fine. Since they found merit in her third point, they did not need to decide on the first two points she raised. The conclusion was that Osborne's conviction was modified, but the punishment was upheld.

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F-2009-335

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In OCCA case No. F-2009-335, Jermaine Darnell Jeffery appealed his conviction for First Degree Felony Murder and other charges. In an unpublished decision, the court decided to reverse the conviction for Shooting With Intent to Kill and affirmed the other convictions. One judge dissented. Jermaine was found guilty of several serious crimes related to a shooting incident. During the trial, the jury decided on punishments for his actions, including life in prison for murder. Jermaine argued that there wasn't enough proof to connect his shooting with the death of the victim and that he was punished unfairly for the same crime more than once, which is known as double jeopardy. He also claimed that his rights were violated when the court allowed evidence about his silence after being arrested and that hearsay statements from other witnesses should not have been allowed. Jermaine felt he did not get a fair trial because the prosecutor talked about things not proven in court and that his punishment was too harsh. Additionally, he argued that his lawyer did not do a good job by not pointing out mistakes during the trial. The court reviewed all the evidence and arguments. They agreed that there was enough proof for the murder charge but recognized a mistake in charging Jermaine with both murder and the shooting he did, leading to the reversal of that specific charge. The court found that some errors did happen, but most were not serious enough to change the outcome of the trial. In the end, they upheld the punishments for the other crimes while agreeing to dismiss the shooting conviction.

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F-2009-535

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In OCCA case No. F-2009-535, Joseph Lander Smith appealed his conviction for Distribution of a Controlled Dangerous Substance (cocaine base). In an unpublished decision, the court decided to modify Smith's sentence from twenty-five years to seventeen years imprisonment. One judge dissented. Joseph Lander Smith was found guilty by a jury for distributing a controlled substance after he had a previous felony conviction. The jury recommended that he be sentenced to twenty-five years in prison, which the judge agreed to, making it run consecutively with another sentence he was already serving. Smith raised several arguments in his appeal. He first claimed that he didn't get a fair trial because the prosecutor didn’t share important information that could have helped his case. The information was about a witness who helped the state. This witness had her own past troubles with the law but the jury was not told about them. Smith argued that this was wrong because it might have changed how the jury viewed that witness's testimony. Next, Smith said it wasn't right for the jury to know about his previous suspended sentence during the trial. He believed that mentioning this past sentence by the prosecutor made the jury biased against him and influenced the punishment they decided on. The jury even had questions about how his past might relate to their decision, which showed they were affected by this information. Smith also argued that his lawyer didn’t do a good job defending him by failing to investigate these issues properly. However, the court thought that the evidence against him was strong and that the errors made during the trial, while present, did not change his guilt. Still, the judge decided that the combination of these errors meant that Smith should not serve the full twenty-five years, so his sentence was reduced to seventeen years instead. Ultimately, the court affirmed Smith's conviction but changed his sentence to make it lighter, acknowledging the mistakes made during the trial without completely overturning the conviction.

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