F Archives - Page 21 of 39

F-2008-1014

Post author:Staff
Post published:October 22, 2009
Post category:F

In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

F-2008-531

Post author:Staff
Post published:October 22, 2009
Post category:F

In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

F-2008-1095

Post author:Staff
Post published:October 20, 2009
Post category:F

In OCCA case No. F-2008-1095, the appellant appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to modify his sentence from life imprisonment to forty-five years due to prosecutorial misconduct and the admission of excessive photographic evidence. One judge dissented, arguing that the initial conviction and sentence should have been upheld.

F-2008-289

Post author:Staff
Post published:September 3, 2009
Post category:F

In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

F-2008-667

Post author:Staff
Post published:August 27, 2009
Post category:F

In OCCA case No. F-2008-667, Daniel Timothy Hogan appealed his conviction for First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy. In an unpublished decision, the court decided to affirm the judgment and sentence for some counts but reversed and remanded other counts based on the statute of limitations. One judge dissented. The case involved Hogan, who lived with his wife and her three daughters, all of whom had learning disabilities. Testimonies revealed that Hogan had sexually abused the girls multiple times over several years, starting when they were very young. The incidents included inappropriate touching and forced sexual acts. Hogan claimed that some charges should be dismissed because the statute of limitations had expired. The court agreed with him regarding several counts, concluding that the state did not press charges in time based on when the victims knew about the incidents and their nature as crimes. Hogan also argued that the trial judge unfairly imposed consecutive sentences rather than allowing them to run concurrently, as he claimed there was a courthouse policy against such decisions. However, the court found that the judge considered the facts of the case in deciding how to sentence Hogan. Ultimately, while some convictions against Hogan were reversed because of the statute of limitations, his life sentence and the convictions that were upheld reflected the seriousness of the abuse he inflicted on the young victims, leaving a lasting impact on their lives.

F-2008-579

Post author:Staff
Post published:August 19, 2009
Post category:F

In OCCA case No. F-2008-579, Thomas Clinton Ledgerwood appealed his conviction for Maiming, Domestic Abuse Involving Great Bodily Injury, and Kidnapping. In an unpublished decision, the court decided to reverse Ledgerwood's conviction for Kidnapping and affirm the other convictions. One judge dissented.

F-2007-638

Post author:Staff
Post published:August 17, 2009
Post category:F

In OCCA case No. F-2007-638, Watson appealed his conviction for multiple drug-related offenses. In an unpublished decision, the court decided to reverse some of his convictions, modify others, and rescind certain fines. One judge dissented. Watson was found guilty of trafficking in illegal drugs, possession of a firearm during a felony, and other charges. He was sentenced to many years in prison, with his sentences running one after another. Watson argued that the search warrant used to search his home was not valid, that he was unfairly tried for multiple offenses that seemed to be the same crime, that he had been treated unfairly during the trial, and that he didn’t have good representation from his attorney. The court looked closely at the evidence and found that the warrant to search his home was valid. They noticed that the charges for drug trafficking should not have occurred at the same time for methamphetamine and cocaine since this counted as double punishment for one act. Therefore, they decided to reverse that conviction. They also reversed the conviction for possession of a sawed-off shotgun because it was tied to the same act as possessing a firearm during the crime. The court agreed there was enough evidence to support his convictions for having a firearm during a felony and for concealing stolen property. They noted that while the prosecutor made a small mistake during their closing argument, it was unlikely that it would change the outcome of the case since the evidence against Watson was strong. Watson's convictions were modified, which means his sentences were reduced. The court overturned specific unfair fines and affirmed the remaining charges, stating that the changes would not shock anyone’s sense of fairness. The judges believed the final combined sentence still made sense and was fair. In conclusion, while the court made changes to Watson’s convictions and sentences, they found most of the trial's foundation to be reasonable, ensuring that these decisions aligned with the law. The case will return to the lower court to fix some details in line with the appellate court's ruling.

F-2008-620

Post author:Staff
Post published:August 5, 2009
Post category:F

In OCCA case No. F-2008-620, Vincent Vasquez appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to affirm the convictions and sentences but vacated the order of restitution. No one dissented. Vasquez was found guilty by a jury on three counts related to sexual abuse of a child. He received eight years in prison for each count, which would be served one after another. However, part of his sentence was suspended, meaning he wouldn't have to serve the full time for all counts right away. Vasquez argued that there were several mistakes made during his trial. First, he claimed that the evidence wasn't strong enough to support his convictions, saying the victim's testimony was inconsistent. The court said that the ruling was valid because the victim's main story was consistent and believable, even if she forgot some minor details. Second, Vasquez believed that important evidence was not allowed in court, which he thought would help prove his side of the story. However, the court decided that the evidence offered was not relevant to the case. Third, he argued that the jury was not properly instructed regarding how to look at the evidence. The court concluded that the instructions given were sufficient and did not harm his case. Fourth, Vasquez objected to an order to pay restitution, which the State admitted was incorrectly imposed. The court agreed to remove that requirement. Lastly, Vasquez suggested that the combination of all these errors should lead to his conviction being overturned. The court found that there were no cumulative errors that warranted relief. In conclusion, the court maintained Vasquez’s convictions but removed the restitution order.

F-2008-763

Post author:Staff
Post published:July 24, 2009
Post category:F

In OCCA case No. F-2008-763, Armand Rashawn Johnson appealed his conviction for multiple charges, including robbery with a firearm, assault with a deadly weapon, burglary, and kidnapping. In a published decision, the court decided to reverse his convictions and remand the case for a new trial. One member dissented. Johnson was found guilty by a jury and was sentenced to a total of 30 years in prison for some counts, while others had sentences ranging from 20 to 40 years. The main reasons for his appeal focused on concerns about how the jury was instructed and treated during the trial. Johnson argued that the trial court's actions could have influenced the jurors' decisions, which should be based on facts and law alone. The court agreed with Johnson on several points. It found that the trial judge's comments and guidance during jury selection were inappropriate and could have pressured the jurors into making decisions against their personal beliefs. This meant that the fairness of his trial was in question. Since the court decided to reverse Johnson's convictions, there was no need to examine the other claims he made about the evidence and the fairness of his sentence. The court emphasized that jurors should only be focused on the law and evidence presented to them and not on any frustrations that might come from court procedures. As a result, Johnson will get a new trial, where the procedures may be handled in a way that better protects his rights.

F-2008-438

Post author:Staff
Post published:June 26, 2009
Post category:F

In OCCA case No. F-2008-438, Marcus Laquine Petty appealed his conviction for Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court, but found that a hearing was needed regarding the amount of the Victim's Compensation Assessment. Two members of the court dissented regarding the second count of the conviction.

F-2008-97

Post author:Staff
Post published:June 24, 2009
Post category:F

In OCCA case No. F-2008-97, the appellant appealed her conviction for child neglect. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. The appellant, Kristie K. Thompson, was found guilty by a jury for not providing proper medical care for her child’s rash. The case was heard in the Stephens County District Court, where she was sentenced to six months in jail. She appealed the conviction for several reasons, including claims that the instructions given to the jury were incorrect and that she should have been given a chance for a lesser charge. After carefully reviewing the evidence and the arguments, the court found that there was not enough proof to show that she willfully neglected the medical needs of her child. They concluded that no reasonable person could have decided she was guilty based on the evidence. Therefore, they reversed her conviction and instructed the lower court to dismiss the case. Since they found a major error related to the evidence, the court decided not to address the other claims made by the appellant. The court issued their decision based on the principle that everyone deserves a fair trial and that guilt must be proven beyond a reasonable doubt.

F-2008-538

Post author:Staff
Post published:June 17, 2009
Post category:F

In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

F-2008-432

Post author:Staff
Post published:June 17, 2009
Post category:F

In OCCA case No. F-2008-432, Anthony Wayne McCosar appealed his conviction for Assault and Battery with a Dangerous Weapon, Threatening an Act of Violence, Public Intoxication, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to vacate certain fines but affirmed the other parts of the judgment and sentence. One judge dissented.

F-2008-60

Post author:Staff
Post published:May 21, 2009
Post category:F

In OCCA case No. F-2008-60, Valenta E. Thompson appealed his conviction for multiple serious crimes including first-degree rape, sodomy, kidnapping, and witness intimidation. In an unpublished decision, the court decided to uphold some of the convictions while reversing others. One judge dissented. Valenta E. Thompson faced serious charges in the District Court of Muskogee County. He was found guilty by a jury of crimes that included rape and sodomy, among others. The jury recommended significant sentences, leading to Thompson receiving life imprisonment for some charges and lesser sentences for others. In his appeal, Thompson raised many issues. He argued that he did not receive a fair trial, citing that he was not properly informed of the elements of some charges. Specifically, he mentioned that the jury wasn't instructed about the components necessary to prove anal sodomy and witness intimidation. These mistakes were recognized as severe enough to warrant a reversal of those convictions. Thompson also claimed that there was not enough evidence to support his conviction for rape, and he argued that incorrect jury instructions regarding his potential sentences impacted his case. In addition, he pointed out that the prosecutor had made improper comments during the trial about plea deals, and that his own lawyer did not provide adequate representation throughout the process. The court carefully reviewed all the arguments and the entire record of the case. They found that the lack of instruction for some charges was a significant error. This was particularly true for witness intimidation, where the jury did not understand what needed to be proven for a conviction. Because of this, those specific counts were reversed. However, regarding the charge of first-degree rape and other offenses, the court found enough evidence to support the convictions. The judges determined that despite the errors concerning instructions, Thompson's sentences for the remaining counts were appropriate and should be upheld. In conclusion, the court affirmed the judgments and sentences for most of Thompson's convictions while reversing and remanding the convictions related to anal sodomy and witness intimidation for further proceedings. Some judges agreed with this decision, but one judge dissented, believing that the convictions should not have been reversed.

F-2007-909

Post author:Staff
Post published:May 13, 2009
Post category:F

In OCCA case No. F-2007-909, Val Wilkerson appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgment but modified his sentence from thirty years to fifteen years imprisonment. One judge dissented. Val Wilkerson was found guilty by a jury in Haskell County for a serious crime. The jury decided on a punishment of thirty years in prison. After the trial, Wilkerson felt that things went wrong and he raised several points to appeal. First, he argued that the State used too much unfair evidence from other incidents that made him look bad. He thought this made the trial unfair. Second, he believed it was wrong for the prosecutors and police to mention that he had stayed quiet when asked questions. Third, he said the court did not give the jury the correct instructions. Lastly, he claimed that all these mistakes together made his trial unfair. The Court looked over everything carefully and agreed that the way other crimes were presented was a problem. They found that even though some earlier actions of Wilkerson were similar to what he was accused of, the older incidents happened a long time ago and should not have been brought up so much in his trial. The Court determined that while some bad evidence was allowed, the main evidence against Wilkerson was enough for the jury to find him guilty. However, the additional bad evidence likely influenced the length of the sentence because the prosecutor asked the jury to consider these past actions when deciding on punishment. Since the Court believed that the jury was distracted by this unfair evidence while deciding on the punishment, they changed the sentence to fifteen years instead of thirty. They also concluded that other issues raised by Wilkerson either did not affect the trial’s fairness or were fixed by the trial court’s instructions. In summary, the court upheld the conviction but agreed that the punishment was too harsh and lowered it. One judge disagreed and believed the case should be tried again.

F-2008-381

Post author:Staff
Post published:May 12, 2009
Post category:F

In OCCA case No. F-2008-381, Cecil Ray Johnson appealed his conviction for kidnapping. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Cecil Ray Johnson was found guilty of kidnapping and received a 20-year prison sentence. He argued that there was not enough evidence to prove he committed the crime of kidnapping. He also said that evidence of other crimes should not have been allowed in the trial because it did not have a clear connection to the kidnapping charges. The court agreed with Johnson on the second point. They explained that evidence of other crimes can sometimes be used, but it must be relevant to the case at hand. In this situation, the evidence of Johnson’s past acts was too old and did not clearly connect to the kidnapping charge. The court said that using this evidence could unfairly influence the jury against Johnson. Because of the problems with the evidence, the court found that Johnson did not receive a fair trial. Even though they thought there was enough evidence for his conviction, they had to reverse the decision because it was unfair to include the other crimes evidence. In conclusion, the judgment was reversed, and the case was sent back for a new trial to ensure Johnson gets a fair chance in court. One judge disagreed with this decision, believing that the evidence of other crimes was relevant to show Johnson’s intent.

F-2007-1151

Post author:Staff
Post published:May 12, 2009
Post category:F

In OCCA case No. F-2007-1151, Keynon Michael Owens appealed his conviction for First-Degree Felony Murder and Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction for felony murder and to affirm the conviction for robbery. One judge dissented. Owens was tried for the murder of Javier Carranza and robbery of Jesus Carranza. He was convicted of felony murder, with the court determining that the murder happened during a robbery. However, the jury had previously acquitted Owens of the robbery charge against Javier Carranza. The court noted that this inconsistency needed to be addressed. Owens argued the evidence was not enough to support his convictions. The court examined the evidence and determined it was sufficient for the robbery charge against Jesus, but not necessarily for the felony murder related to Javier since the robbery charge for Javier was not convicted. The jury had expressed confusion during deliberations, asking questions that suggested they weren’t clear on how the charges connected. The court found errors related to jury instructions and how the trial court responded to the jury’s inquiries during deliberation. Due to this confusion and because the acquittal was logically inconsistent with the felony murder conviction, the court decided to reverse the felony murder conviction but upheld the robbery conviction. The dissenting judge disagreed with reversing the felony murder conviction, arguing that the jury's decision, even if inconsistent, could still be valid and supported by evidence.

F-2008-127

Post author:Staff
Post published:May 11, 2009
Post category:F

In OCCA case No. F-2008-127, the appellant appealed his conviction for multiple offenses including False Declaration of Ownership in Pawn, Knowingly Concealing Stolen Property, and various Computer Crimes. In a published decision, the court decided to affirm the termination of the appellant from the Drug Court program but vacated one conviction for Assault and Battery on a Police Officer since the charges had been dismissed before the time of termination. One judge dissented.

F-2008-061

Post author:Staff
Post published:April 17, 2009
Post category:F

In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to modify his sentence for first degree murder from life without the possibility of parole to life imprisonment but affirmed the judgment and sentence for robbery. One judge dissented regarding the issue of the introduction of certain testimony. The case began when Lewis and another person killed Orlando Prudom at a park in Tulsa, Oklahoma. They shot Prudom multiple times and took items from him. Lewis was found guilty by a jury and received a harsh sentence because of his previous criminal record. During the appeal, Lewis raised several issues. One concern was about the trial procedure used when the jury decided his sentence after learning of his past conviction. He argued that the jury should not have known about his prior conviction when deciding the murder sentence. The court agreed that the trial procedure was flawed, which affected the fairness of his sentencing, leading them to change his sentence. Lewis also argued that a witness's testimony from a previous trial was used improperly without giving him a chance to confront her. However, the court decided that this error did not significantly affect the outcome because there was a lot of strong evidence against him, such as his own admissions and other witnesses' accounts. Another point Lewis raised was about the introduction of photographs of the victim, which he described as gruesome. The court ruled that these photographs were relevant to the case and did not unfairly prejudice the jury against him. Lastly, Lewis claimed he had ineffective assistance from his lawyer during the trial. The court found that the arguments regarding the trial process were enough to provide relief, while other claims did not show that he suffered from any real prejudice during the trial. The final decision upheld the conviction for murder and robbery, modified the murder sentence, and confirmed the revocation of a previously suspended sentence for another crime. In conclusion, while some issues found in the trial were acknowledged, the court maintained that the evidence against Lewis was very strong.

F-2008-260

Post author:Staff
Post published:April 16, 2009
Post category:F

In OCCA case No. F-2008-260, Ronnie Lamonte Lister appealed his conviction for Trafficking in Illegal Drugs, Possession of a Firearm During Commission of a Felony, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the convictions for Trafficking in Illegal Drugs and Possession of a Firearm After Former Conviction of a Felony, but reversed the conviction for Possession of a Firearm During Commission of a Felony with instructions to dismiss. One judge dissented.

F-2008-255

Post author:Staff
Post published:April 3, 2009
Post category:F

In OCCA case No. F-2008-255, Kayla D. Robertson appealed her conviction for manufacturing a controlled dangerous substance, possession of a firearm during a felony, possession of a controlled drug within 1,000 feet of a school, and destroying evidence. In a published decision, the court decided to vacate the $50,000 fine imposed for the manufacturing charge but affirmed the other convictions and sentences. One judge dissented.

F 2007-1165

Post author:Staff
Post published:March 27, 2009
Post category:F

In OCCA case No. F 2007-1165, the appellant appealed his conviction for unlawful possession of a controlled drug with intent to distribute and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to reverse the order that terminated his participation in the Drug Court program and instructed to reinstate him into the program. One judge dissented. The case began when the appellant pled guilty to two charges related to drug possession in 2003 and was given a sentence with most of it suspended. After allegations of new violations in 2006, he entered the Drug Court program, which aimed to help him stay away from drugs. However, the State filed to terminate him from the program in 2007, claiming he violated the rules. During the appeal, the appellant argued that the court made a mistake by ending his participation in Drug Court. The court considered whether the reasons for termination were valid. The violations included not completing community service, not writing sentences for a sanction, and not bringing a required book to a meeting. However, evidence showed that the appellant was making progress, had a job, and had been clean for a good period. The court found that the claimed violations weren't enough to justify removing him from the program because there was no clear deadline for completing the tasks. The court emphasized that relapses can happen during rehabilitation and that participants should be given chances to improve. Ultimately, they believed that the appellant was still on the right path and deserved to stay in the Drug Court program. The decision was to reverse the termination and allow the appellant to continue with the program. The dissenting opinion argued that the appellant had not followed the rules enough and that the court had to be strict to help him take responsibility for his actions.

F-2007-993

Post author:Staff
Post published:March 27, 2009
Post category:F

In OCCA case No. F-2007-993, the appellant appealed his conviction for First Degree Rape and Rape by Instrumentation. In a published decision, the court decided that the failure of defense counsel to call the appellant to testify, after promising the jury he would, constituted ineffective assistance of counsel, which significantly impacted the trial's fairness. The court also found that the admission of other-crimes evidence related to previous molestation was improperly admitted and prejudicial. Because of these reasons, the appellant was granted a new trial. One judge dissented, arguing that the decision to not testify was the appellant's choice and did not affect the trial's outcome.

F-2008-963

Post author:Staff
Post published:March 26, 2009
Post category:F

In OCCA case No. F-2008-963, Richard Lloyd VanMeter appealed his conviction for Driving Under the Influence of Intoxicating Liquor-Second Offense and multiple new charges. In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate him in the program based on the conditions of his plea agreement. One judge dissented.

F 2008-287

Post author:Staff
Post published:March 25, 2009
Post category:F

In OCCA case No. F 2008-287, Matthew Thornbrough appealed his conviction for several counts, including possession of a firearm and operating a police radio. In an unpublished decision, the court decided to reverse his conviction for operating a police radio and ordered it to be dismissed, while affirming his convictions for the other charges. One judge dissented.