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F-2011-460

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In OCCA case No. F-2011-460, Tate appealed his conviction for multiple offenses including Attempting to Elude a Police Officer and Running a Roadblock. In an unpublished decision, the court decided to affirm some convictions and reverse others. One judge dissented. Tate was found guilty of trying to get away from the police and running through roadblocks. He also faced charges for assaulting a police officer. The jury recommended sentences which included prison time and fines. Tate argued that he should not be punished for multiple offenses when they stemmed from the same action of fleeing from police, claiming this violated laws against double punishment. The court reviewed the evidence and decided that, while some of Tate's claims were valid, such as his objections to being convicted for both Obstructing and Resisting an Officer, other aspects did not warrant reversal. The judges agreed that being punished separately for Attempting to Elude and for Assaulting an Officer was acceptable because they involved different actions. Overall, the court upheld the conviction on some counts, but reversed others due to overlapping aspects of Tate’s actions. The discussion highlighted the importance of careful laws around double jeopardy to ensure fair punishment.

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F-2011-482

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In OCCA case No. F-2011-482, Christopher D'Shun Cleveland appealed his conviction for perjury. In an unpublished decision, the court decided to modify his sentence from ten years to seven years imprisonment but otherwise affirmed the conviction. One judge dissented. The case began when Cleveland was found guilty of perjury in the District Court of Oklahoma County and was sentenced to ten years in prison. He raised two main points in his appeal. First, he claimed that two witnesses, who were attorneys, should have been sworn before they testified. He argued this violated both a state law and his constitutional rights. However, the court found that the trial judge’s reminder to the attorneys that they were testifying under oath was adequate, and no major error was shown. In his second point, Cleveland argued that the jury should have been instructed to consider whether the statements he made were important to the case when deciding his sentence. He believed that not allowing this instruction led to a sentence that was too harsh. While the court recognized that the denial of this instruction was an error, it ultimately decided that the error was not severe enough to overturn the conviction. Instead, they modified his sentence length. Overall, Cleveland's punishment was reduced, but his conviction remained in place. The court stated its decision firmly, ensuring that Cleveland's rights were considered, while also balancing the necessary legal standards.

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F-2011-480

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In OCCA case No. F-2011-480, Huyen Ai Thi Tran appealed his conviction for perjury. In a published decision, the court decided to remand the case for correcting the fine but otherwise affirmed the conviction. One judge dissented. Ms. Tran was found guilty of perjury by a jury and was sentenced to ten years in prison, with three years to be served. Ms. Tran raised several issues in her appeal. She claimed that evidence from other crimes unfairly influenced the jury, which made her trial unfair. She argued that the trial court mentioned she was in custody for an unrelated matter and that her co-defendant talked about other crimes during the trial. However, the court found these issues did not have significant impact. She also argued that the prosecutor asked questions that brought up evidence about other crimes without proper warning, but the court decided these errors didn’t affect the outcome. Ms. Tran argued that her right to remain silent was violated when the jury heard that she had refused to answer questions in a previous case. The court noted that the trial judge intervened and instructed the jury to ignore that testimony. Another point Ms. Tran made was about her lawyer's failure to challenge a juror who was a police officer. Ms. Tran’s lawyer did not pursue this challenge, but the court found that it was not a serious issue since the juror was not working in law enforcement at the time of the trial. Ms. Tran then pointed out that the fine noted in the final judgment was different from what the court initially stated during sentencing. The court agreed to correct this mistake. Lastly, Ms. Tran suggested that all these issues combined created a harmful effect on her case. However, the court concluded that any significant errors were not enough to change the trial’s outcome due to strong evidence against her. The final decision required the correction of the fine in the records, but the conviction for perjury was largely upheld.

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F-2010-1079

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In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

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F-2010-548

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In OCCA case No. F-2010-548, the appellant appealed his conviction for multiple charges including unlawful possession of a firearm and drugs. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial, finding that the trial court failed to properly inform the appellant about the dangers of representing himself. One judge dissented.

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F 2010-1128

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In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.

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F-2010-665

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In OCCA case No. F-2010-665, Roy C. Williams appealed his conviction for Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to reverse one count of his conviction while affirming the others. One judge dissented. Roy C. Williams was sentenced for his involvement in a drive-by shooting that resulted in the death of one person and injuries to another. Williams was found guilty by a jury in the Tulsa County District Court of two counts related to using a vehicle in the shooting and one count for murder. The judge sentenced him to a total of eighteen years in prison, which included twelve years for the murder charge and three years for each of the other counts, to be served one after the other. Williams raised several arguments as reasons for appealing his conviction. He believed that his confession to the police should not have been used against him because he claimed he did not have his right to remain silent protected. He also thought that the evidence against him was not strong enough to support his convictions. Upon reviewing the case, the court decided that the law enforcement officials acted correctly when they obtained Williams's confession. The court said that he willingly talked to them, so this argument was denied. Regarding the second argument, the court noted that Williams knowingly drove to a place where rival gang members were located with guns in the vehicle. This behavior was enough to show he was part of the act that led to the shooting, so this argument was also denied. The third argument was about a legal principle called the merger doctrine. Williams’s defense argued that his felony murder charge should not stand because it was related to the same act as the charge for using a vehicle to facilitate the shooting. However, the court decided to keep the felony murder conviction, stating that both charges could stand because of the way the law is now interpreted. For his fourth argument concerning double jeopardy, which means a person cannot be tried for the same crime twice, the court agreed. They stated that the charges were based on the same set of facts, so they could not convict him on both counts pertaining to the same act. Because of this, the conviction for the second count of using a vehicle was reversed. The fifth argument was about whether Williams should receive credit for the time he spent in jail before the trial. The court ruled that it was up to the trial judge to decide whether to grant that credit and found no evidence that the judge made a mistake in denying it. This argument was also denied. The sixth argument claimed that his lawyer did not do a good job representing him during the trial. The court found that even if his lawyer made some mistakes, they did not affect the overall outcome of the case. After reviewing all of his arguments, the court decided to reverse the second count concerning the vehicle but kept the murder conviction and the first charge intact. Thus, Williams had mixed results from his appeal, with one conviction dismissed but others upheld. In conclusion, the decision resulted in one count being reversed and the remaining convictions affirmed, meaning Williams would continue to serve his sentence, minus the count that was reversed.

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F-2010-914

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In OCCA case No. F-2010-914, Burdex appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to affirm the judgment but modified Burdex's sentence from life imprisonment to twenty years. One judge dissented. Burdex was found guilty of dealing with a fake check, and the jury decided he should serve life in prison due to his past crimes. His appeal raised several issues, including whether he received a speedy trial, if the evidence against him was strong enough, and if the judge made mistakes during the trial. The court looked at the claim for a speedy trial and used a test from a previous case. They found that he was not denied this right. They also believed there was enough evidence that showed Burdex knew the check was fake since he gave different reasons for having it. Burdex argued that the state shouldn't have used some of his old felonies to lengthen his sentence. However, the court found that the state followed the rules correctly. They said that the past felonies were not too old to be used in deciding his punishment. The court also looked into whether Burdex had good lawyers. They found no evidence that his lawyers did a bad job. Additionally, the judges decided the trial court was correct in not explaining what a life sentence meant. When it came to his sentence, the court felt that life imprisonment was too harsh for a non-violent crime. They noticed that the jury seemed to struggle with the punishment and had questions about how to decide it. Because of this, they decided to change his sentence to twenty years instead of life. In summary, the court agreed with the trial's decision to convict Burdex but felt the punishment should be lighter. One judge did not agree with changing the sentence and believed the jury's decision on punishment should stay as it was.

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F-2010-495

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In OCCA case No. F-2010-495, Marco Lamonte Carroll appealed his conviction for one count of Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to affirm his convictions for Counts 1 and 3 but reverse Count 2 based on double jeopardy grounds. One judge dissented. Carroll was found guilty in a case related to a drive-by shooting that led to one person's death and another's injury. The evidence indicated that there were multiple guns in the vehicle, and shots were fired from more than one of them. The jury's conclusion that Carroll participated in the incident was deemed sufficient by the court. Carroll raised several reasons for his appeal. He argued that there wasn't enough evidence for the charge of Drive-by Shooting, which also supported his Second-Degree Murder conviction. He believed that the merger doctrine should mean his murder charge couldn't be based on the same act that caused the death, meaning his murder conviction should be vacated. He claimed that being convicted of both murder and using a vehicle to facilitate the shooting violated double jeopardy laws, which protect from being tried for the same crime twice. Finally, he argued that the trial court wrongly refused to give him credit for the time he spent in jail before the trial. After looking closely at all the arguments and the case records, the court upheld Carroll's convictions for Second Degree Murder and Using a Vehicle to Facilitate the Discharge of a Firearm related to the second shooting incident. However, they agreed that counting the charge for the first shooting incident separately violated double jeopardy principles, leading to the reversal of that conviction. Overall, while Carroll's main murder conviction and the second vehicle charge were confirmed, the charge of Using a Vehicle to Facilitate the Discharge of a Firearm from the first shooting was dismissed. The court concluded that the trial judge had functioned properly regarding the defendant's time served and did not find grounds to change that part of the decision.

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F 2010-1191

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In OCCA case No. F 2010-1191, Mark A. Sanders appealed his conviction for possession of a controlled dangerous substance and carrying a weapon. In a published decision, the court decided to reverse and remand for further proceedings. One judge dissented.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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F-2010-644

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In OCCA case No. F-2010-644, Jones appealed his conviction for kidnapping, possession of cocaine, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but vacate the fine related to the drug paraphernalia charge. One judge dissented. Jones was found guilty after a jury trial in which he faced several charges, including kidnapping and drug offenses. The jury sentenced him to thirty years for the kidnapping and twenty years for the cocaine possession, with the drug paraphernalia charge resulting in one year and a $1,000 fine. In his appeal, Jones raised multiple issues, including whether the jury was properly instructed, if his trial was fair, and if his lawyer was effective. He specifically challenged how the trial was conducted regarding the instructions given to the jury and the evidence allowed by the court. The court found that the jury had been adequately instructed and that any mistakes made in the instructions did not affect the final outcome of the trial. While it agreed that the jury was improperly instructed about determining punishment in a bifurcated trial for the misdemeanor charge, it noted that all of his sentences ran concurrently, which reduced the impact of that error. Jones also argued that introducing evidence of his other crimes was unfair, but the court decided that this evidence was relevant and crucial for the jury to understand the context of the case. As for his claim of ineffective assistance of counsel, the court ruled that Jones failed to demonstrate how his lawyer's performance was deficient or how it affected the outcome of his trial. The court concluded that the evidence was sufficient for the charges against him and found that his sentences were appropriate, rejecting his claim that they were excessive. Finally, when considering if the combined errors denied him a fair trial, the court decided that the errors did not undermine his conviction, except for vacating the fine of $1,000 for the drug paraphernalia charge. Overall, the court affirmed the convictions for kidnapping and possession of cocaine but made one adjustment regarding the fine for the drug paraphernalia charge due to a procedural issue.

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F-2011-70

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In OCCA case No. F-2011-70, Christopher Stinson, Sr. appealed his conviction for First Degree Felony Murder, First Degree Arson, and Manufacturing Controlled Dangerous Substance. In a published decision, the court decided to affirm the judgment and sentence on the Felony Murder charge and reverse the Manufacturing charge, stating it should be dismissed due to double jeopardy concerns. One judge dissented.

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F-2010-203

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In OCCA case No. F-2010-203, Travis Lee Danley appealed his conviction for First Degree Murder and other charges. In a published decision, the court decided to modify his conviction for Larceny from a House to Petit Larceny but affirmed the other convictions. One judge dissented. Danley was found guilty of two counts of First Degree Murder, Second Degree Arson, Larceny from a House, and Larceny of an Automobile, and sentenced to life in prison without parole on the murder counts, among other sentences. The events occurred on August 31, 2008, when Danley shot two victims in a home after an argument, attempted to cover up the crime, and fled the scene with stolen items. During his trial, Danley raised several issues on appeal, including that the district court should have declared a mistrial after the jury heard testimony about his probation, whether there was enough evidence for the larceny conviction, prosecutorial misconduct, claims of ineffective assistance of counsel, and cumulative error from the trial. The court found that the mention of Danley being on probation did not prejudice the trial significantly and upheld the district court's ruling. However, it agreed with Danley that the evidence did not support a conviction for Larceny from a House, as he was a guest in the home and did not unlawfully enter. Therefore, his charge was modified to Petit Larceny due to insufficient evidence regarding the value of the stolen items. Claims of prosecutorial misconduct were also considered, with the court noting that the prosecutor's questions and comments did not render the trial unfair. Danley’s argument regarding ineffective assistance of counsel was rejected, as the jury instructions were deemed adequate at the time of the trial. Lastly, the court ruled that even if there were errors during the trial, they did not cumulatively harm Danley's right to a fair trial. In summary, the court affirmed most of the trial's decisions but modified one conviction due to insufficient evidence, affirming the principle that defendants deserve fair treatment under the law.

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F-2010-547

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In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.

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F-2010-651

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In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.

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F 2010-0888

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In OCCA case No. F 2010-0888, Eugene Turner appealed his conviction for assault and battery on a police officer, escape from detention/arrest, and domestic assault. In a published decision, the court decided that the District Court did not have the authority to accelerate Turner's deferred sentence for the assault on the police officer because the time limit for filing had already passed. The ruling was based on a prior case, which stated that a deferred sentence starts on the day it is given. Since the State didn’t file their application until after the deadline, Turner's case was sent back to the lower court for further proceedings. One judge dissented.

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F-2010-572

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In OCCA case No. F-2010-572, Earsley appealed her conviction for uttering two or more bogus checks exceeding $500.00. In an unpublished decision, the court decided to reverse the order that accelerated her deferred sentence. The decision was based on the finding that the lower court did not consider Earsley's ability to pay restitution and court costs, which Earsley argued was a necessary factor in determining whether her failure to pay was willful. One member of the court dissented.

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F-2010-558

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In OCCA case No. F-2010-558, Torrez Ceasar appealed his conviction for Possession of Controlled Dangerous Substance (PCP) with Intent to Distribute. In an unpublished decision, the court decided to reverse the conviction and modify it to Possession of Controlled Dangerous Substance (PCP) alone, with a sentence of imprisonment for twenty years. One judge dissented. The case began when Ceasar was tried by a jury and found guilty of possessing PCP with the intent to distribute it. The trial took place in the District Court of Oklahoma County, where the judge sentenced him to a long prison term of twenty-five years. Ceasar challenged his conviction on several points. First, Ceasar argued that the evidence did not prove he was guilty beyond a reasonable doubt. He claimed the state failed to show that he actually possessed the PCP or that he intended to distribute it. The court examined whether a reasonable person could have found him guilty based on the evidence presented. They found enough evidence to support that he had thrown a bottle of PCP into a car, suggesting he had possession of it. However, the question of whether he intended to distribute it was more complex. The law stated that merely having a drug is not enough to show intent to distribute. The court compared Ceasar's situation with another case where the defendants had a large amount of marijuana but were not selling it. The court noted that without proof of other selling signs, such as packaging for sale or cash, it was not clear if Ceasar intended to distribute the drugs. The evidence related to Ceasar's intoxication seemed more consistent with personal use rather than distribution, leading to the decision to change his conviction to simple possession of PCP. Ceasar also raised concerns about the admission of evidence related to his alleged gang affiliation. The court concluded that while this type of evidence can be seen as unfairly prejudicial, in this case, it did not significantly impact the trial outcome. The reference to gang signs was deemed minor and not overly emphasized during the trial, so the decision to allow it was considered fair. Lastly, Ceasar argued that the trial judge erred by not allowing his jury to consider a lesser charge of public intoxication. However, the court determined that public intoxication was not a lesser included offense of drug possession with intent to distribute. The laws concerning these charges protected different public interests, so the judge was correct in denying this instruction to the jury. In summary, after reviewing all arguments and the evidence, the court found that Ceasar's original conviction for Possession of Controlled Dangerous Substance with Intent to Distribute was not supported by sufficient evidence of intent to distribute. Therefore, his conviction was changed to simply possessing the substance, and the sentence was adjusted to twenty years in prison. The dissenting opinion raised concerns about the majority interpretation of intent and evidence but ultimately, the revised conviction stood.

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F-2010-555

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In OCCA case No. F-2010-555, Keighton Jon Budder appealed his conviction for First Degree Rape (Counts I and III), Assault and Battery with a Deadly Weapon (Count II), and Forcible Oral Sodomy (Count IV). In an unpublished decision, the court decided to modify his sentences for Counts I and III to life imprisonment with the possibility of parole. One judge dissented.

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F-2010-131

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In OCCA case No. F-2010-131, Darius Darrell Payne appealed his conviction for trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. In a published decision, the court decided to affirm Payne's convictions on all counts but remanded the matter for a new sentencing proceeding on certain counts due to errors in jury instructions. One judge dissented. The case began when police officers went to a house where Payne was present, looking for a man with an arrest warrant. When they entered, they found illegal drugs, a gun, and cash, leading to Payne's arrest. During the trial, the jury found Payne guilty on multiple charges and set significant punishment for his crimes, including life in prison without the possibility of parole for the drug trafficking offense. Payne raised several issues on appeal. He argued that being punished for both trafficking and failure to obtain a drug tax stamp for the same drugs was unfair and violated laws against double punishment. The court found that the laws allowed for separate punishments, so this argument was rejected. Payne also claimed that the jury wasn't properly instructed about the requirements for his life sentence. The court agreed that the instruction was incorrect, leading to a ruling that he should have a new sentencing hearing for this and another charge related to marijuana possession. Additionally, the court noted that the trial court should not have separated the misdemeanor charge regarding drug paraphernalia, which led to a penalty that was likely influenced by prior convictions that weren't relevant for that specific charge. As a result, the court reduced his sentence for possession of paraphernalia from one year to three months. Lastly, there were also some mistakes on the official documents from the trial that needed to be corrected, such as the wrong section numbers and indications of pleading guilty that were factually incorrect. In summary, while Payne's convictions were upheld, the court found that certain errors related to sentencing and jury instructions necessitated further proceedings. The final decision called for changes to some sentences while affirming others.

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F-2010-99

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In OCCA case No. F-2010-99, Sheila Diane Royal appealed her conviction for multiple drug-related offenses. In an unpublished decision, the court decided to affirm all of Royal's convictions but to modify her sentence for one of the misdemeanor charges due to a procedural error during her trial. One judge dissented. Royal was found guilty by a jury of trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. The jury determined that Royal had prior felony convictions, which enhanced her sentence. Royal received a life sentence without parole for the drug trafficking charge, among other sentences for the remaining charges. The case began when police officers went to Royal's house to look for a man with a warrant. Royal and her boyfriend denied knowing him and gave consent for the officers to search. During the search, officers found scales, crack cocaine, marijuana, a firearm, and a large amount of cash, leading to Royal's arrest. Royal raised several issues on appeal, including claims of multiple punishments for the trafficking and tax stamp offenses, the proper handling of her prior convictions during the trial, and the way the trial court conducted jury selection. The court found that the convictions for trafficking and failing to obtain a tax stamp did not violate double jeopardy rules because the laws intended for separate punishments. It also concluded that Royal did not make a sufficient objection to how her prior convictions were handled, thus denying her request for relief. Regarding the claim about possession of paraphernalia, the court agreed that the trial court made a mistake by improperly separating the trial stages, which influenced the jury's punishment decision. The court modified her sentence for this charge accordingly. The jury selection process was also scrutinized, but the court upheld the removal of certain jurors who may not have been impartial due to their own legal issues. Lastly, the court noted that Royal was required to wear a shock device during trial, which raised concerns under legal rules governing restraints on defendants. The court agreed that there wasn't enough evidence justifying the need for such restraint, but because it was not visible to the jury, it did not affect the trial's outcome. In summary, while Royal's convictions were largely upheld, the court made adjustments based on procedural concerns during her trial.

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F-2010-307

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In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.

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F-2010-1123

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In OCCA case No. F-2010-1123, Chance appealed his conviction for First Degree Burglary and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Chance was found guilty of breaking into a building with the intent to commit a crime and also had illegal drug items in his possession. The jury decided his punishment: thirty years in prison for the burglary and one year in jail for the drug paraphernalia. The court added that these sentences would be served at the same time. Chance raised a few complaints. He argued the prosecutor made improper statements about probation and parole during the trial, which made it unfair for him. He also believed the procedures and instructions during his drug paraphernalia case were wrong and that the court didn't follow the right steps when deciding how much money he should pay back to the victim for restitution. After looking closely at the case, the court agreed that there were mistakes made. The court recognized that the references to probation and parole might have affected the jury's decision on sentencing. Because of this, they lowered Chance's prison sentence from thirty years to twenty years. For the drug paraphernalia charge, the jury was told the wrong information regarding potential punishment, which the court found to be a serious error. They changed Chance's sentence for this from one year in jail to thirty days instead. Lastly, the court agreed with Chance's complaint about the restitution process. They decided the original amount couldn’t stand and ordered the lower court to re-evaluate how much he needed to pay the victim. In summary, the court kept the guilty verdict but changed the length of Chance's sentences and ordered a new hearing for restitution amounts. One judge felt that the original prison sentence should not have been changed since there was no clear evidence of unfairness affecting the jury.

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F-2009-1181

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In OCCA case No. F-2009-1181, Joe Reaner Strong appealed his conviction for Second Degree Felony Murder. In a published decision, the court decided to reverse the conviction due to the district court's failure to give the jury an instruction requested by Strong on the lesser offense of second degree manslaughter. One member dissented. Joe Reaner Strong was convicted of Second Degree Felony Murder after his two-year-old grandson died in a fire that started when the child found matches at home. At the time, Strong had left his grandson asleep alone for about two hours while he went to pick up his wife. The child was later found unresponsive and died from smoke inhalation. During the trial, the prosecution argued that Strong was responsible for child neglect because he left the child unsupervised. Strong's defense claimed that he was negligent but did not intend for his actions to harm the child. Strong believed that he should have been allowed to present his defense, which included the possibility that he was guilty of a lesser crime - second degree manslaughter instead of murder. The court noted it is important for the jury to hear all aspects of a case, including possible lesser offenses if there is evidence to support them. In this situation, the court stated that there was enough evidence suggesting that Strong's negligence might not rise to the level of murder. Instead, it could have been just an unfortunate accident due to lack of care under the circumstances. The decision determined that the jury should have been instructed on second degree manslaughter because Strong's actions might not have been willful neglect, which is necessary for a murder charge. Because the jury could have reasonably believed that Strong did not intend to leave the child alone and that his actions were the result of carelessness, the court ruled that not allowing this instruction was a mistake that impacted the fairness of the trial. In summary, the appellate court reversed Strong's conviction and ordered a new trial due to the district court's error in handling the jury instructions related to the lesser charge.

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