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F-2001-649

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In OCCA case No. RE-2001-649 and RE-2001-650, the appellant appealed his conviction for violating probation conditions. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence; however, it instructed the lower court to make a correction regarding the time remaining on one of the sentences. One judge dissented. The case started back in 1996 when the appellant took a plea deal for a charge related to pointing a firearm and was given a ten-year sentence that was suspended while he was on probation. However, by 1996, five years of this probation was revoked due to several violations. In 2000, the state accused the appellant of more violations, including failing to report to his probation officer, moving without notice, and using marijuana. The court initially delayed proceedings, offering a chance for the appellant to meet specific conditions like paying fees and performing community service, which if completed, would see the revocation dismissed. Later in June 2000, the appellant pleaded guilty to another charge related to neglecting to provide for a child, receiving another suspended sentence. Following this, the state claimed he violated his probation again by committing new offenses. In February 2001, further violations were noted which included again not paying fees or attending required programs. A hearing took place where the court ultimately decided to revoke all of the appellant's suspended sentences. The appellant argued that the court was wrong to revoke his entire sentence given the circumstances, but the court found sufficient evidence that he violated probation rules. The appeal confirmed that the appellant had multiple opportunities to meet the probation requirements but did not follow through. While the court affirmed the revocation, it recognized that the appellant’s remaining time on one of the sentences was less than what the trial court indicated and ordered a correction about it.

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F-2001-352

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In OCCA case No. F-2001-352, Virgil Clayton Rose appealed his conviction for several crimes, including the manufacture and possession of methamphetamine, possession of a precursor substance, possession of a firearm while committing a felony, and concealing stolen property. In a published decision, the court found that some of these convictions violated rules against being punished twice for the same crime. The court agreed with the appeal and reversed the convictions for possession of methamphetamine and the precursor substance. The court modified the sentence for possession of a firearm while committing a felony to five years. One judge disagreed with the decision on certain points but agreed with the overall outcome.

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F-2001-336

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In OCCA case No. F-2001-336, Roger Allen Eddy, Jr. appealed his conviction for manufacturing methamphetamine, possession of a precursor substance, possession of methamphetamine, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to affirm his conviction for manufacturing methamphetamine, reverse his convictions for possession of a precursor substance and possession of methamphetamine, and modify his sentence for possession of a firearm to five years. One member of the court dissented.

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F-2001-230

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In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.

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F-2001-283

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In OCCA case No. F-2001-283, Timothy Dewayne Kliven appealed his conviction for Conspiracy to Manufacture a Controlled Dangerous Substance. In a published decision, the court decided to reverse Kliven's conviction with instructions to dismiss. Kliven's co-appellant, Tony Wayne Jones, also had his conviction reversed. One justice dissented. The case involved both men being found guilty of planning to make methamphetamine, but the evidence against them was not strong enough to show that they had agreed to do this crime. The evidence was mainly based on circumstantial facts, which means it didn't directly show their involvement in a conspiracy. Since there wasn't enough proof, the court ruled that their convictions should not stand.

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F-2001-210

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In OCCA case No. F-2001-210, Gary Wesley Tucker appealed his conviction for Driving Under the Influence and Driving Under Revocation. In an unpublished decision, the court decided to reverse the conviction for Driving Under the Influence and remand for a new trial. The conviction for Driving Under Revocation was affirmed. One judge dissented. Tucker was found guilty by a jury and sentenced to ten years in prison for Driving Under the Influence and one year for Driving Under Revocation, with the sentences to be served one after the other. Tucker argued that there were several mistakes made during the trial. The court agreed with Tucker that the trial court made errors, especially when it failed to give important instructions to the jury about how to consider his charges. One key mistake was not letting the jury know they didn’t need to agree on the greater crime to look at the simpler one. This caused confusion for the jury, which was shown in a note they sent to the judge asking for clarification. The judge’s response didn’t help them understand, which was a big problem. Since the jury wasn’t properly informed, the court decided that Tucker's conviction for Driving Under the Influence should be reversed and he should get a new trial. However, the court affirmed his conviction for Driving Under Revocation because there were no issues raised concerning that charge. In summary, the court found there were enough errors to make Tucker's DUI conviction unfair, leading them to send the case back for a new trial on that charge while keeping the other conviction intact.

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F 2000-1653

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In OCCA case No. F 2000-1653, Linda Kaye Corder appealed her conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In an unpublished decision, the court decided to reverse the conviction for Manufacturing a Precursor Substance and remand with instructions to dismiss that charge. The court found that the appellant was punished twice for the same offense of manufacturing methamphetamine, which violated the law. One judge dissented on the issue of the drug clean-up fine, believing it should not have been vacated. The court affirmed the conviction for Manufacturing a Controlled Dangerous Substance and found the punishment appropriate.

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F-2001-211

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In OCCA case No. F-2001-211, Sherl D. Batise appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the judgment and sentence, meaning Batise will continue to serve his time in prison. One judge dissented. Batise was found guilty by a jury and was sentenced to thirty-five years in prison. He argued in his appeal that he did not have good legal help during his trial, that his punishment was too harsh, and that the court did not properly decide how much money he should pay in restitution to the victim. The court looked closely at Batise's claims. They found that he could not prove that having better legal help would have changed the outcome of his trial. They also thought that a thirty-five-year sentence was appropriate, especially since Batise had prior felony convictions, including serious crimes. The court explained that a long sentence was justified given the severity of his actions, which involved attacking someone with a machete. Regarding the restitution, the court agreed with Batise that the trial judge did not follow the right steps when deciding how much money he should pay to the victim. The judge was supposed to take into account whether Batise could afford to make those payments without causing serious hardship to him or his family, and he also needed clear evidence of how much the victim lost. Since this was not done correctly, the court decided to vacate the restitution order and sent the case back to the trial court for further review. In summary, Batise’s conviction was upheld, meaning he remains in prison, but the order about how much he should pay the victim was canceled, and that will be re-evaluated by the trial court.

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F 2000-1652

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In OCCA case No. F 2000-1652, Shaun Scott Sprowls appealed his conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In a published decision, the court decided to affirm the conviction for Manufacturing a Controlled Dangerous Substance but reversed and dismissed the count for Manufacturing a Precursor Substance. One judge dissented. The case began when authorities found evidence suggesting Sprowls was making illegal drugs, which led to his trial. The jury found him guilty and recommended a long prison sentence along with fines. Sprowls argued that this evidence should not have been used because it was collected without a proper search warrant. He also claimed that he was unfairly punished multiple times for the same act, which violated his rights. After reviewing the case, the court agreed that Sprowls was punished twice for the same crime, so they reversed the second conviction and removed the fine associated with it. However, they determined that the evidence for the first charge was enough to support the jury's decision and that his sentence was fair. Ultimately, the court affirmed part of the decision but corrected what they saw as an error in punishing him.

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F-2001-313

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In OCCA case No. F-01-313, *Steven Wayne Robertson* appealed his conviction for *Attempted Burglary in the First Degree* and *Assault with a Dangerous Weapon*. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to run concurrently. One judge dissented. Robertson was found guilty by a jury for two crimes. He was accused of trying to break into a house (attempted burglary) and attacking someone with a weapon (assault). The jury decided to give him a ten-year prison sentence for each crime, which would usually mean he would spend twenty years in prison, but the court later decided he would serve both sentences at the same time, totaling ten years. Robertson claimed that it was unfair to punish him twice for what he said was one event. However, the court concluded that the two charges were based on different actions and that he could be punished for both. They looked at the evidence, like a witness who saw him with an axe, showing he was dangerous. He also said he should have had the chance to argue that he only caused damage to property instead of trying to break in, but the court found that this was not needed based on the facts of the case. Finally, Robertson thought he did not get a fair trial because of some things the prosecutor said during the trial. The court agreed that there were improper comments but still decided to keep the guilty verdicts and just change the sentences so that he would serve ten years instead of twenty.

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F-2001-1028

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In OCCA case No. F-2001-1028, Terry Wayne Jennings appealed his conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse his conviction and dismissed the case. One judge dissented. Terry Wayne Jennings was found guilty by a jury in Kiowa County. The jury recommended he be sentenced to eighteen years in prison, and the judge also added a fine of $25,000, even though the jury did not suggest it. Jennings appealed his sentence, raising several issues. One of the main points in his appeal was about the search warrant used to collect evidence against him. Jennings argued that the warrant was based on a weak affidavit, which is a written statement used to get permission from a judge to search a place. He claimed that his rights were violated because this affidavit did not provide enough information to believe there was a good reason to search his property. The court reviewed the details of how the warrant was issued and the information given to the judge who approved it. They said that in deciding whether there was probable cause for a search, the judge needed to believe there was a fair chance that the information was true. Important details like whether the informing person was credible or if their information offered any independent confirmation were necessary. In this case, the specific informant's information was not well-supported. The court noted that there was no past history of the informant giving reliable information to the police. They compared this case to a previous case where a similar situation led to the suppression of evidence. After looking carefully at the affidavit, the court felt there was not enough solid information for the judge who issued the warrant to conclude that there were true grounds for the search. As a result, the court decided that Jennings’ conviction was based on evidence that should not have been allowed, reversing his conviction and ordering that the case be dismissed. In conclusion, the decision from the court meant that Jennings was no longer considered guilty based on how the evidence was collected. The court stressed that following proper legal procedures is important to protect everyone's rights, especially in criminal cases.

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F-2000-1078

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In OCCA case No. F-2000-1078, Samuel Leroy Muzny appealed his conviction for Unlawful Cultivation of Marijuana. In a published decision, the court decided to reverse the conviction and remand the case. One judge dissented. Muzny was charged and tried in the District Court of Lincoln County. He was found guilty of growing marijuana on his own property and was sentenced to fifteen years in prison, with eight years suspended, and a $5000 fine. Muzny raised several arguments in his appeal. He stated that agents from the Oklahoma Bureau of Narcotics should not have entered his fenced property without a warrant to check for marijuana plants. He claimed this violated his right to privacy and was against both state and federal laws. The court examined these arguments closely. The majority found that because the agents entered a posted and fenced area without a warrant, this violated Muzny’s constitutional rights. They referred to a previous case to support their conclusion that the warrants are necessary for such searches. Therefore, they reversed Muzny's conviction. One judge disagreed with this decision and wrote a dissent. He believed the court was changing established laws on search and seizure, which could create confusion for future cases. He argued that the law should remain consistent to ensure fairness and clarity in the legal system. In summary, the court’s decision led to Muzny’s conviction being overturned due to the lack of a warrant for the search, while a dissenting judge believed this ruling undermined the established legal framework.

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F-2002-324

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In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

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F-2005-392

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In OCCA case No. F-2000-638, Ray Lamont Hubbard appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided that the assessment of incarceration costs against him needed further review because the process used to determine those costs was not followed properly. The opinion noted that Hubbard's ability to pay was considered, but remanded the case for an evidentiary hearing to correctly calculate the incarceration costs. In OCCA case No. F-2000-194, Troy Don Cape also appealed the assessment of incarceration costs after pleading guilty to Driving While Intoxicated. The court similarly decided to vacate the amount of costs assessed against him because the required procedure for determining the costs was not adequately followed. Both cases were sent back for hearings to determine appropriate incarceration costs. One judge dissented on the decision to vacate and remand, believing that the assessments were already supported by sufficient evidence and that the trial courts had acted within their discretion.

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F-2001-46

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In OCCA case No. F-2001-46, Harold Edward McHam appealed his conviction for Kidnapping and Indecent Proposal. In an unpublished decision, the court decided to reverse the conviction for Kidnapping and affirm the conviction for Indecent Proposal. One judge dissented regarding the Kidnapping conviction. Harold McHam was found guilty in a trial that took place from October 10 to October 12, 2000, in Choctaw County District Court. He was convicted of two charges: Kidnapping and Indecent Proposal. The jury sentenced him to one year in prison for each count, and the sentences were set to be served one after the other. The judge also ordered McHam to pay $1,000 in incarceration fees for his time spent in jail. McHam raised several concerns during his appeal. First, he argued that the incarceration fees imposed on him violated his rights because they were not calculated according to the law. The court found that the trial judge did not show how the $1,000 fee was determined, and whether it would create hardship for McHam and his family. Thus, the fees were removed and the case was sent back to the district court to handle the fees properly. Second, McHam claimed there was not enough evidence to prove he kidnapped anyone. The court agreed, stating that a key part of the kidnapping charge was not supported by enough proof. The court saw that the evidence didn’t clearly show that McHam meant to secretly keep anyone confined against their will. Therefore, his Kidnapping conviction was overturned. Finally, McHam also argued that the punishment he received was too harsh. However, this point did not need to be discussed because the Kidnapping conviction was already reversed. On the other hand, the court upheld the conviction for Indecent Proposal, stating that there was enough evidence for that charge. In summary, the court decided to dismiss the Kidnapping charge, keep the Indecent Proposal charge, and take another look at the fees McHam was ordered to pay.

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F-2000-1339

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In OCCA case No. F-2000-1339, Harold Lee Cooper, Jr. appealed his conviction for possession of cocaine and possession of marijuana. In a published decision, the court affirmed his conviction for possession of cocaine but reversed and dismissed the conviction for possession of marijuana. One judge dissented.

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F-2001-49

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In OCCA case No. F-2001-49, John Henry Throckmorton appealed his conviction for manufacturing and unlawful possession of methamphetamine. In a published decision, the court decided to affirm the conviction for manufacturing methamphetamine but reversed the conviction for unlawful possession. One judge dissented. Throckmorton was found guilty by a jury for two counts related to methamphetamine. He was sentenced to 20 years for manufacturing and 10 years for possession. However, Throckmorton argued that being convicted of both offenses was unfair because the laws say a person cannot be punished twice for the same action. The court agreed with him about the possession charge, stating that since the evidence for both charges was the same, it was wrong to convict him for both. As a result, they dismissed the possession conviction while keeping the manufacturing conviction.

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F 2000-1543

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In OCCA case No. F 2000-1543, James Rickey Ezell, III appealed his conviction for Trafficking in Illegal Drugs, Resisting an Officer, and Public Drunk. In an unpublished decision, the court decided to affirm the conviction for Resisting an Officer and Public Drunk but modified the sentence for Trafficking in Illegal Drugs from seventy years to forty years imprisonment. One judge dissented. Ezell was convicted after a jury trial where he faced three charges. The jury decided on tough punishments, including a long 70-year sentence for the drug charge. Ezell argued that his arrest was illegal and that various legal mistakes were made during the trial, including issues with how the jury was selected and his lawyer's performance. The court reviewed these points carefully. They found that Ezell's arrest was legal and that the jury selection did not violate his rights. The law under which he was charged for drug trafficking was also upheld as valid. However, the court agreed that his defense lawyer didn't do enough to investigate previous convictions that were used against Ezell during sentencing. Because of this lack of investigation, the court reduced his long sentence for drug trafficking but kept the other convictions intact. In the end, Ezell's hard punishment for drug trafficking was changed, but he still faced serious time for his actions.

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F-2000-998

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In OCCA case No. F-2000-998, Gene Doyle Smothermon appealed his conviction for Possession of Methamphetamine With Intent To Distribute. In an unpublished decision, the court decided to affirm the conviction while modifying the sentence to 30 years imprisonment. One judge dissented. Gene Doyle Smothermon was found guilty of having methamphetamine and was sentenced to serve a long time in prison. The jury first suggested he should go to prison for 75 years, but the judge decided he would serve 30 years instead. Smothermon appealed because he believed there were many mistakes made during his trial. Smothermon raised several issues during his appeal: 1. He argued that some evidence used in the trial was unfair and weak. 2. He said the trial court should have allowed his investigator to testify, claiming this took away his right to present his defense. 3. He felt the evidence against him was not strong enough to prove he was guilty. 4. He claimed the prosecutor made improper statements during the trial. 5. He thought his punishment was too harsh. 6. He believed that many errors added up to cause unfairness in his case. 7. Lastly, he asked the court to fix mistakes in the records about his guilty pleas for less serious charges. The court carefully looked over all the information from the trial, including evidence and arguments. They found that the trial did not make serious mistakes. They agreed that the evidence, including a dog alerting to drugs found in Smothermon's car, was relevant and did connect him to the case. They also ruled that not allowing the defense investigator to testify was reasonable since the investigator was disclosed too late in the trial process. They noted that while the prosecutor made some mistakes in his closing arguments, they were not serious enough to make the trial unfair. The most important point was that the judge was right to lower the original sentence from 75 years to 30 years, which they believed was more appropriate for the crime. In the end, the court confirmed Smothermon's conviction and changed his sentence to 30 years. They also decided that the trial court should correct the records to show the true details of his guilty plea for lesser charges. One judge did not agree with this decision.

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F-2000-1634

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In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.

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F 2000-862

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In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.

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F-2000-1262

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In OCCA case No. F-2000-1262, Robert Anthony Lamar appealed his conviction for Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Robert Anthony Lamar was found guilty by a jury of taking a U-Haul truck without permission. He claimed he only wanted to drive the truck to see what it felt like and intended to return it right after. The jury believed that he did not intend to keep the truck permanently, but the trial court did not let the jury consider a possible lesser charge of joyriding. Lamar raised several points in his appeal. He argued that it was unfair for the court to give the instructions it did without his request and that there wasn’t enough proof to show he meant to keep the truck. But the main issue was that he should have been able to have a chance to be judged on the lesser offense of joyriding, since his actions matched that claim too. The court found that joyriding was indeed a valid option for the jury to consider, and since the jury’s decision did not support the idea of him wanting to permanently take the truck, he deserved a fair chance to contest the lesser charge. Because of this, the court ruled that the prior judgment was reversed, and a new trial was ordered.

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F-2000-483

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In OCCA case No. F-2000-483, Debra Gorrell appealed her conviction for several drug-related crimes. In a published decision, the court decided to reverse one of Gorrell's convictions but affirmed the others. One judge dissented. Debra Gorrell was found guilty of crimes including unlawful possession of methamphetamine with intent to distribute, and other drug-related charges. She was sentenced to a total of many years in prison. During her appeal, Gorrell raised several arguments against her convictions. Gorrell argued that the court shouldn't have allowed evidence about her past crimes. She also said she was punished too many times for the same actions and claimed that part of the law used against her was unfair. She disputed the evidence stating she had methamphetamine in front of a child, claimed the testimonies used against her weren't reliable, and said the jury wasn't properly instructed about the crimes. The court reviewed all arguments and found that most of Gorrell's claims did not hold up. They decided that the evidence against her was strong enough for the other convictions. However, they found that Gorrell's conviction for maintaining a dwelling for drug use was not fair, and this conviction was reversed. In the end, the court upheld her other convictions but ordered a new trial for the one related to maintaining a dwelling for drug use.

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F-2001-319

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In OCCA case No. F-2001-319, Jan V. Stout appealed her conviction for Grand Larceny. In a published decision, the court reversed her conviction and remanded the case. One judge dissented. Stout was charged with Grand Larceny in Pawnee County. She was found guilty by a jury and was sentenced to three years in prison and a $10,000 fine. However, the judge put her on probation instead of sending her to prison right away. Stout had to pay back $8,500, cover court costs, and spend 90 days in jail. Stout argued that the evidence against her was not good enough. She felt that the testimony from her accomplice, Jacqueline Thompson, was questionable and claimed that she was unfairly treated during the trial. Stout believed that the statements made by the prosecutor misled the jury about Thompson’s guilty plea deal, which affected her right to a fair trial. The court found that there was some evidence linking Stout to the crime, particularly the discovery of stolen items in her office. However, concerns were raised about Thompson’s credibility because the prosecutor had made incorrect statements about her plea deal during the trial. The prosecutor repeatedly said that Thompson's sentence was longer than it actually was, which could lead the jury to doubt Thompson's truthfulness. The judges agreed that the prosecutor's misleading statements about the plea deal were a serious problem. Because Thompson's testimony was crucial to Stout's case, and the jury might have viewed her differently if they had understood the deal correctly, the court determined that Stout's trial was unfair. In conclusion, Stout's conviction for Grand Larceny was reversed, meaning she would not serve time for that crime, and the case was sent back to the lower court for another trial.

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F-2001-10

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In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

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