F Archives - Page 4 of 39

F-2018-1144

Post author:Staff
Post published:January 16, 2020
Post category:F

In the case of William G. Epperly v. The State of Oklahoma (Case No. F-2018-1144), the Oklahoma Court of Criminal Appeals upheld the judgment and sentence imposed by the District Court of Oklahoma County. The court found that the evidence presented during Epperly's trial was admissible, and his claims of error, including issues related to hearsay, relevance, and jury instructions, did not warrant reversal of his conviction for Sexual Abuse of a Child. ### Key Points from the Court's Decision: 1. **Admission of Excited Utterance Evidence**: The court found that statements made by Tiffany Epperly (Epperly's spouse) to two witnesses fell under the excited utterance exception to hearsay, as she was under emotional stress when she reported witnessing the alleged abuse. 2. **Text Messages and Witness Testimony**: The court ruled that reading text messages sent by Sutphen to Tiffany Epperly was not hearsay because they were used to challenge Tiffany's credibility rather than to prove the truth of the matter asserted. Additionally, the testimony about Tiffany's changing demeanor was deemed relevant to the case. 3. **Witness Reading from Police Report**: Former Officer Richardson's reading from his police report, which included Tiffany Epperly's statements, was allowed because it served to impeach her trial testimony, not as hearsay. 4. **Internet Search Evidence**: The court deemed the evidence concerning Epperly's internet search about Oklahoma sex laws to be relevant, as it could suggest a consciousness of guilt. 5. **Judgment and Sentence Corrections**: The court noted that the issues regarding credit for time served and the $100 fine were resolved with an amended judgment, making that claim moot. 6. **Jury Instruction on Sex Offender Registration**: The court did not find that the failure to instruct the jury about sex offender registration constituted an error warranting relief, consistent with prior rulings. 7. **Cumulative Error Doctrine**: The court concluded that no individual errors occurred that would justify reversal and therefore found no merit in the cumulative error claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that all claims raised by Epperly were without merit. The decision illustrates the court's adherence to evidentiary rules and its support for the discretion exercised by the trial judge in admitting evidence. For more detailed information, the full opinion can be accessed [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1144_1734787047.pdf).

F-2018-1103

Post author:Staff
Post published:January 16, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **BERT GLEN FRANKLIN,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-1103** **OPINION** LUMPKIN, JUDGE: Appellant, Bert Glen Franklin, was tried by jury and convicted in a consolidated trial of Count 1, First Degree Murder (Child Abuse), and of Count 2, Solicitation of First Degree Murder. The jury recommended punishment of life imprisonment without parole on Count 1 and life imprisonment on Count 2, with the sentences running consecutively. Appellant appeals from this judgment and sentence raising two propositions of error. **PROPOSITION I: Joinder of Charges** Appellant contends that his cases should not have been joined in one trial, asserting that this improper joinder resulted in prejudice. However, as Appellant failed to object at trial, we must review this for plain error, which requires an actual error that is plain or obvious and that affects the Appellant's substantial rights. The statute governing joinder of charges, 22 O.S.2011, § 438, permits the trial of two or more offenses together if they could have been joined in a single indictment. Our analysis is guided by reconciling the factors set forth in previous case law. 1. **Same Type of Offenses:** The charges of murder and solicitation reflect a common theme of violence directed towards individuals involved with the defendant, qualifying them as the same type of offenses. 2. **Proximity in Time:** While the offenses occurred approximately seventeen months apart, the delay was due to Appellant's incarceration. They are sufficiently related given the circumstances under which Appellant acted. 3. **Proximity in Location:** Both offenses were committed within Oklahoma County, suggesting a logical relationship between the two. 4. **Overlapping Proof:** Evidence supporting each charge would have been admissible in separate trials since they are intrinsically linked to Appellant’s actions and intent. Given these observations, we find that the joinder was proper, and Appellant suffered no prejudice; therefore, no error occurred. We deny Proposition I. **PROPOSITION II: Ineffective Assistance of Counsel** Appellant argues that his trial counsel was ineffective for not objecting to the joinder. Under the Strickland test, Appellant must demonstrate both that counsel's performance was deficient and that such performance prejudiced his case. Since we determined in Proposition I that the joinder was appropriate, Appellant cannot show that any failure to object prejudiced his case. As a result, we also deny Proposition II. **DECISION** The judgment and sentence are affirmed. The mandate is ordered issued upon the delivery and filing of this decision. --- **APPEARANCES:** **For Appellant:** R. Scott Adams Box 926 Norman, OK 73070 **For Appellee:** Mike Hunter Attorney General of Oklahoma Theodore M. Peeper, Asst. Attorney General 320 Robert S. Kerr, #505 Oklahoma City, OK 73102 --- **OPINION BY:** LUMPKIN, J. **LEWIS, P.J.:** Concur in Result **KUEHN, V.P.J.:** Recuse **HUDSON, J.:** Concur **ROWLAND, J.:** Recuse --- [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1103_1734788162.pdf) This ruling affirms the conviction and sentences of Bert Glen Franklin and addresses the legal standards regarding the joinder of offenses and ineffective assistance of counsel.

F-2018-1082

Post author:Staff
Post published:January 16, 2020
Post category:F

**Court of Criminal Appeals of Oklahoma** **Antonio Deondre Smith, Appellant, v. The State of Oklahoma, Appellee.** **Case No. F-2018-1082** **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. **Date Filed:** January 16, 2020 **Opinion Information:** - Appellant was convicted of Accessory to Murder, After Conviction of Two or More Felonies, related to the killing of his former step-father. - Sentenced to life imprisonment by Judge Kelly Greenough. **Propositions of Error:** 1. The trial court erred in admitting evidence of assault rifles and ammunition, impacting Appellant's right to a fair trial. 2. The sentence of life for Accessory to Murder is excessive. **Decision:** - The Court affirms the District Court’s judgment and sentence. **Details:** - Appellant was charged with First Degree Murder but was convicted of Accessory to Murder. - Evidence indicated that he was present at the murder and helped dispose of the weapon. He testified that another person was the actual killer. - The Court reviewed the admission of firearms evidence for abuse of discretion and found the introduction of the assault rifles irrelevant. - While acknowledged as an abuse, it was deemed harmless error given the trial court's jury instructions and Appellant's admissions during testimony. **On Sentencing:** - The circumstantial evidence and Appellant's criminal history made the life sentence appropriate, and it was not considered shocking. **Final Judgment:** - The District Court’s decision is upheld. - The mandate is to be issued upon filing this decision. **Dissenting Opinion:** - Judge Hudson concurs with the results but disagrees with the major opinion regarding the admissibility of firearms evidence, asserting it was relevant and that the trial court did not abuse its discretion. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1082_1734857545.pdf)

F-2018-1046

Post author:Staff
Post published:January 16, 2020
Post category:F

**Summary of the Case:** In the Court of Criminal Appeals of the State of Oklahoma, Adam Russell Hemphill, Sr. was convicted by a jury of Child Neglect. He was sentenced to twenty-five years' imprisonment. Hemphill raised two issues on appeal: (1) allegations of prosecutorial misconduct during closing arguments and (2) the trial court's admission of evidence regarding his prior drug use. **Issues Presented:** 1. **Prosecutorial Misconduct:** - Hemphill argued that prosecutorial misconduct during closing argument prejudiced his right to a fair trial, primarily due to the prosecutor's references to his past marijuana use and comments regarding uncharged crimes. - The Court found that although some remarks made by the prosecutor were questionable, they did not rise to the level of affecting Hemphill's substantial rights or rendering the trial fundamentally unfair. The absence of objection to most comments and the strength of the evidence against Hemphill contributed to this conclusion. 2. **Admission of Evidence:** - Hemphill contested the introduction of evidence regarding his past marijuana use, asserting it was irrelevant and inadmissible as evidence of bad acts. - Although the Court agreed that the evidence was not relevant to the case and constituted an error in its admission, it ultimately concluded that the error was harmless in light of the overwhelming evidence of Hemphill's guilt. **Decision:** The appellate court affirmed the district court's judgment and sentence, determining that Hemphill was not entitled to relief on either of his claims. **Concurrences:** Judge Hudson concurred in the results but disagreed with the majority regarding the prosecutor's cross-examination about marijuana use. He believed the admission of this testimony did not constitute an abuse of discretion and was relevant to Hemphill's claims about his financial situation. --- For full details and legal citations, refer to the complete decision linked above.

F-2017-963

Post author:Staff
Post published:January 16, 2020
Post category:F

In OCCA case No. F-2017-963, Randall Duane Throneberry appealed his conviction for Lewd Acts with a Child Under 16. In an unpublished decision, the court decided to affirm the conviction and the sentence of life imprisonment without the possibility of parole. One judge dissented. Randall Duane Throneberry was tried and found guilty in an Oklahoma court for lewd acts with an child under the age of 16. The jury recommended that he be sentenced to life in prison without any chance for parole because he had a prior conviction for a similar crime. The case began when a young girl named R.F. reported that Throneberry had molested her while she was sleeping on a couch. The events happened in August 2015 when R.F. and her mother were staying at a family friend's house, where Throneberry was also visiting. One night, while R.F. was sleeping, Throneberry was found standing too close to her and had his hand under her blanket. The next morning, R.F. woke up to find Throneberry touching her inappropriately. During the trial, Thorneberry argued that some testimonies regarding R.F.'s behavior after the incident should not have been allowed, claiming that it unfairly impacted the jury. However, the court ruled that this evidence was relevant to show the credibility of R.F.'s testimony. Throneberry also challenged the admission of testimony from another victim, D.W., who had been molested by him when she was seven years old. The court allowed this testimony as it demonstrated Throneberry's pattern of behavior. Despite Throneberry's claims, the court found that the testimony was relevant and important for the case. Throneberry's argument that his life sentence without parole was unconstitutional was also denied. The court stated that the sentence was not excessively harsh compared to the serious nature of the crime and Throneberry's history of similar offenses. The judge noted that sentencing is ultimately a matter for the legislature, and in these kinds of cases, severe punishments are justified. In summary, the court upheld Throneberry's conviction and life sentence, finding no errors in the trial or the evidence presented. The judgment was affirmed, with one judge expressing a different opinion.

F-2019-54

Post author:Staff
Post published:January 9, 2020
Post category:F

In the case of Anthony Phillip Miller, Jr. v. The State of Oklahoma (Case No. F-2019-54), the Oklahoma Court of Criminal Appeals affirmed Miller's conviction and sentence for child sexual abuse. The trial, held in the District Court of Tulsa County, resulted in a jury finding Miller guilty and sentencing him to twenty-five years imprisonment, with an additional ten years of post-imprisonment supervision. Miller raised several issues on appeal: 1. **Prosecutorial Misconduct**: Miller argued that the prosecutor's comments during closing arguments deprived him of a fair trial. He claimed that these comments undermined his constitutional rights, including his right to a jury trial and his right to remain silent. Although the Court acknowledged that some comments were improper, they ruled that the overall evidence against Miller, which included a confession, rendered any prosecutorial error harmless. 2. **Ineffective Assistance of Counsel**: Miller contended he was denied effective legal representation because defense counsel indicated in opening statements that he would testify but ultimately did not. However, the Court found that this was a strategic decision made after consulting with Miller and did not demonstrate ineffective assistance. 3. **Cumulative Error**: Miller claimed that, although no single error warranted reversal, the cumulative effect of errors did. The Court found that there were no combined errors affecting the trial's outcome. Ultimately, the Court upheld Miller's conviction, stating that the errors did not undermine the integrity of the trial, and affirmed the sentence imposed by the District Court. The mandate was ordered to be issued following the decision.

F-2018-1188

Post author:Staff
Post published:January 9, 2020
Post category:F

In this case summary, Alfonzo Lamonse Vineyard was convicted of multiple charges in the District Court of Tulsa County, including Assault and Battery with a Deadly Weapon, First Degree Burglary, Possession of a Firearm After Former Conviction of a Felony, and several counts of Obstructing an Officer, among others. The jury found Vineyard guilty on all counts except one (Assault and Battery), and the court subsequently sentenced him to life imprisonment on the more serious counts, with concurrent and consecutive terms for other counts. Vineyard's appeal raised five main issues: 1. **Waiver of Right to Counsel**: The court found that Vineyard’s waiver of his right to counsel was voluntary, knowing, and intelligent. He was adequately informed of the risks associated with self-representation. 2. **Right to Confrontation**: Vineyard argued that his right to confront witnesses was violated when the court allowed the reading of the victim's preliminary hearing testimony, as she did not appear at trial. The court found that the state had made sufficient efforts to locate the victim and that her unavailability was justified, thus upholding the admission of her prior testimony. 3. **Sufficiency of Evidence**: Vineyard contended that the evidence was insufficient to support his conviction for Assault and Battery with a Deadly Weapon. The court determined that the evidence was sufficient for a rational trier of fact to find him guilty beyond a reasonable doubt. 4. **Lesser Included Offense Instruction**: Vineyard argued that the trial court erred by failing to instruct the jury on the lesser offense of Pointing a Firearm. While the court acknowledged that the lack of instruction was error, it did not affect the trial's outcome, and therefore did not warrant reversal. 5. **Cumulative Error**: Lastly, Vineyard claimed that the cumulative effect of errors warranted a new trial. The court found no individual errors that affected the trial's fairness, thus rejecting this claim. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the district court's judgment and sentence, concluding that none of the raised issues warranted relief. The decision highlighted the adherence to established legal standards regarding self-representation, confrontation rights, evidentiary sufficiency, jury instructions, and cumulative error analysis. [Download the full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1188_1734784723.pdf).

F-2018-900

Post author:Staff
Post published:January 9, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ANGEL MUNOZ,** **Appellant,** **-VS-** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-900** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **JAN - 9 2020** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant, Angel Munoz, appeals from the acceleration of his deferred judgment and sentencing in Case No. CF-2016-701 in the District Court of Oklahoma County, by the Honorable Glenn M. Jones, District Judge. On March 7, 2018, Appellant entered a plea of guilty to Count 1: Assault and Battery With a Dangerous Weapon, with sentencing deferred for a period of five years under probation conditions until March 6, 2023. On June 26, 2018, the State filed an application to accelerate Appellant's deferred judgment and sentencing, alleging he violated probation by committing the new crime of Possession of a Firearm after a prior felony conviction, as charged in Oklahoma County District Court Case No. CF-2018-2625. An amended application was filed on August 21, 2018. At the hearing on this application, the State called Appellant's probation officer, Tammera Saavedra. During a home visit on April 13, 2018, Officer Saavedra found a nine-millimeter semiautomatic pistol and ammunition in plain view in a garage where Appellant claimed to be staying. Additionally, personal items belonging to Appellant were found near the firearm, leading to his arrest for possessing the firearm. Appellant's brother-in-law, Arturo Plascencia, testified that Appellant did not live in the garage, stating that he had never stayed there. Appellant corroborated this, but both testimonies were contradicted by evidence showing Appellant's possession and control of the area where the gun was found. After hearing the evidence, Judge Jones found that Appellant violated his probation. Consequently, he accepted the State's recommendation and sentenced Appellant to a term of ten years. Appellant raises two propositions of error on appeal: 1. **Proposition I**: The trial court abused its discretion by accelerating Appellant's sentence when the State failed to provide sufficient competent evidence of the alleged new offense. 2. **Proposition II**: The acceleration judgment should reflect Appellant's conviction for Assault and Battery With a Dangerous Weapon, rather than Assault and Battery With a Deadly Weapon. **ANALYSIS** In **Proposition I**, Appellant argues that the evidence was insufficient to establish his knowledge of the firearm's presence. The standard for reviewing such claims requires that the court finds whether a rational trier of fact could have concluded the essential elements of the probation violation were met by a preponderance of the evidence. Evidence presented indicated Appellant's admission to living in the garage at the time the firearm was discovered. Testimony from Officer Saavedra and physical evidence reinforced the conclusion that Appellant had dominion and control over the area where the firearm was located. Conflicting testimonies regarding Appellant's residence and possession were matters for the court to evaluate. Thus, Appellant failed to substantiate that Judge Jones acted irrationally in his ruling. In **Proposition II**, Appellant argues for a correction of the accelerating judgment to accurately reflect his offense. The State agrees that this matter warrants attention. Therefore, it should be remanded to the District Court for the necessary correction. **DECISION** The order of the District Court of Oklahoma County accelerating Appellant's deferred judgment and sentencing in Case No. CF-2016-701 is AFFIRMED. However, the case is REMANDED to the District Court for a correction in accordance with Appellant's request. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), the MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** **For the Appellant:** Kenneth C. Watson, Nancy Walker-Johnson Attorney at Law 119 N. Robinson, Suite 640 Oklahoma City, OK 73102 **For the State:** Tiffany Noble, Mike Hunter, Diane L. Slayton Assistant District Attorneys 505 County Office Building Oklahoma City, OK 73102 **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-900_1735119586.pdf)

F-2018-835

Post author:Staff
Post published:January 9, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ANTHONY BRUCE HENSON, SR.,** Appellant, **V.** **THE STATE OF OKLAHOMA,** Appellee. Case No. F-2018-835 Summary Opinion FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JAN - 9 2020 **OPINION** *LEWIS, PRESIDING JUDGE:* Anthony Bruce Henson, Sr., Appellant, was tried by jury and found guilty on Counts 1 through 6 for sexual abuse of a child under twelve (12) years, violating 21 O.S.Supp.2014, § 843.5(F); and Count 7 for child abuse, violating 21 O.S.Supp.2014, § 843.5(A), in the District Court of Tulsa County, Case No. CF-2017-3127. The jury sentenced the Appellant to life imprisonment and a $1,000.00 fine for each of Counts 1 through 6, and six (6) years imprisonment for Count 7. The sentences were ordered to run consecutively, though the court did not impose the fines. The State dismissed Count 8, charging child abuse, prior to trial. The jury deadlocked on Counts 9 and 10, also charging sexual abuse of a child under twelve, leading the State to dismiss those counts. Mr. Henson raises the following propositions of error on appeal: 1. The District Court erred in admitting bad act evidence of pornography, violating provisions of the Oklahoma Evidence Code and denying due process and a fair trial under the Fourteenth Amendment. 2. The jury instruction concerning the other crimes evidence was erroneous, as it did not limit its admission purpose. 3. The consecutive life sentences are excessive and should be modified. 4. Appellant was denied effective assistance of counsel per the Sixth and Fourteenth Amendments. **Proposition One:** Appellant argues the trial court erred in admitting evidence of his possession of child pornography on a cell phone, which counsel did not object to at trial, waiving all but plain error. As established in *Simpson v. State*, Appellant must demonstrate that this plain error affected the trial's outcome. The Court finds no error in the admission of this evidence to show motive or intent for the charged crimes. **Proposition Two:** Appellant contends the trial court used an incorrect limiting instruction for the other crimes evidence of child pornography. The request for this instruction constituted a waiver of the standard error analysis. Although the court erred in using a modified instruction, it did not compromise the fairness or integrity of the judicial proceedings, thus, relief is unwarranted. **Proposition Three:** Appellant claims his six consecutive life sentences are excessive. The Court will not alter sentences within statutory limits unless they are so excessive that they shock the court’s conscience. The sentences here do not shock the conscience and are within legal limits. **Proposition Four:** The Appellant argues ineffective assistance of counsel for failing to object to inadmissible evidence and not requesting a proper limiting instruction. Following *Strickland v. Washington*, the Court finds no reasonable probability that the outcomes would have differed due to trial counsel's performance. **DECISION** The judgment and sentence are AFFIRMED. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES** **AT TRIAL** Richard Koller, Attorney for Appellant Barbara Woltz **ON APPEAL** Nicole Dawn Herron, Attorneys for Defendant Katie Koljack, Mike Hunter, Mark Morgan, Asst. District Attorneys Sheri M. Johnson, Asst. Attorney General **OPINION BY:** Lewis, P.J. Kuehn, V.P.J.: Concur Lumpkin, J.: Concur in Results Hudson, J.: Concur Rowland, J.: Concur [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-835_1735212413.pdf)

F-2018-805

Post author:Staff
Post published:January 9, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOHNNY EARL JONES,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-805** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN - 9 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **LUMPKIN, JUDGE:** Appellant, Johnny Earl Jones, was convicted by jury of Child Neglect, After Former Conviction of Two or More Felonies, in violation of 21 O.S.Supp.2014, § 843.5(C), in the District Court of Tulsa County, Case Number CF-2017-1887. The jury recommended a sentence of forty years imprisonment and a $5,000 fine, which the trial court imposed. Jones appealed from this judgment and sentence. 1. **Trial by Ambush:** Appellant contends that he was subjected to trial by ambush when the State called Corporal Eric Leverington as a witness without prior endorsement. However, the defense did not seek a continuance despite this late endorsement, and defense counsel had access to relevant materials, including Leverington's cell phone extraction report. Thus, the trial court’s decision to allow Leverington to testify was not an abuse of discretion, and appellant was not prejudiced. 2. **Ineffective Assistance of Counsel:** Appellant claims counsel was ineffective for opening the door to the cell phone evidence. The record indicates that defense counsel reviewed the report and made a strategic decision to call Leverington as a witness, which provided support for part of Appellant's narrative. The evidence against Appellant was substantial, and thus he could not demonstrate that but for counsel’s actions, the outcome would have been different. 3. **Admissibility of In-Life Photograph:** Appellant argues that a photograph of K.O. while alive was admitted in error. He did not object at trial, leading to a plain error review. The photograph was relevant to the defense that Appellant did not recognize the need for medical attention, and its probative value was not substantially outweighed by prejudicial effect. 4. **Prosecutorial Misconduct:** Appellant claims instances of prosecutorial misconduct, including misstatements regarding Appellant seeing Smith beat K.O. and regarding K.O.'s suffering. The evidence supports that Appellant knew of the abuse; thus, these claims did not deprive him of a fair trial. 5. **Admission of Pen Pack:** Lastly, Appellant characterizes prejudicial details in his previous offenses as grounds for error. However, under established law, pen packs are generally admissible to prove prior convictions, making their inclusion appropriate. **DECISION:** The judgment and sentence are AFFIRMED. **OPINION BY:** **LUMPKIN, J.** **LEWIS, P.J.:** Concur in Results **KUEHN, V.P.J.:** Concur in Results **HUDSON, J.:** Concur **ROWLAND, J.:** Concur in Results **KUEHN, V.P.J., CONCURRING IN RESULT:** While I agree with the affirmation of Appellant's conviction and sentence, I express concern regarding the prosecutor’s late endorsement of a witness which, while not resulting in prejudice, strays close to trial by ambush. I caution against such practices that may circumvent fair trial standards. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-805_1735213973.pdf)

F-2018-989

Post author:Staff
Post published:January 8, 2020
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ARNULFO CAMPOS GONZALES, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. F-2018-989** **File Date: January 2020** **OPINION BY: ROWLAND, JUDGE** Appellant Arnulfo Campos Gonzales appeals his Judgment and Sentence from the District Court of Haskell County, Case No. CF-2017-197. He was convicted for Trafficking in Illegal Drugs, Conspiracy to Traffic Methamphetamine, and Conspiracy to Distribute Methamphetamine. His sentences included twenty-five years imprisonment for Count 1 and ten years each for Counts 2 and 3, ordered to be served consecutively. Gonzales raises several issues on appeal: 1. Denial of effective assistance of counsel due to a conflict of interest. 2. Double punishment for Counts 2 and 3. 3. Violation of the Fourth Amendment regarding the search of his car. 4. Deficient jury instructions on conspiracy. 5. Ineffective assistance of counsel due to failure to suppress and object to instructions. 6. Abuse of discretion in consecutive sentencing. **1. Conflict of Interest** Gonzales argues that he was denied his Sixth Amendment right to effective assistance of counsel due to defense counsel’s prior representation of a co-defendant, Samantha Johnson, who testified against him. The court examined whether an actual conflict arose during representation, determining that Gonzales failed to demonstrate that the former representation affected counsel's performance. The court found that Johnson’s testimony largely did not implicate Gonzales and that counsel's representation was sufficient. **2. Multiple Punishment** Gonzales contends that sentencing him for conspiracy to traffic and conspiracy to distribute methamphetamine violates the prohibition against multiple punishments for the same act. The court found both counts stemmed from a single agreement concerning the same methamphetamine and that the convictions constituted a violation of Section 11. The court remanded the case for dismissal of Count 3. **3. Fourth Amendment** Gonzales did not properly contest the legality of the search of his car and thus the court reviewed this claim for plain error. The court concluded that Gonzales had not demonstrated that the timeline of events during the traffic stop violated his rights, as he consented to the search prior to its execution. **4. Jury Instructions** Gonzales argued that jury instructions were insufficient as they failed to name the conspirators. However, the court determined the instructions, when read as a whole, properly conveyed the necessary information. Gonzales did not establish any plain error regarding jury instructions. **5. Ineffective Assistance of Counsel** This claim was evaluated under the standard set by Strickland v. Washington. The court found no prejudice affecting the outcome as Gonzales could not demonstrate ineffective assistance. **6. Consecutive Sentences** Gonzales claims the district court abused its discretion in imposing consecutive sentences. The prosecutor’s remark about a presumed policy did not demonstrate that the district court failed to exercise discretion. The court affirmed its decision as the record supported the imposition of consecutive sentences. **DECISION** The Judgment and Sentence is AFFIRMED for Counts 1 and 2. Count 3 is DISMISSED. Gonzales’s Application for Evidentiary Hearing is DENIED. **APPEARANCES** *AT TRIAL* Roger Hilfiger, Counsel for Defendant *ON APPEAL* Ariel Parry, Appellate Counsel Christina Burns, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma **OPINION BY: ROWLAND, J.** **LEWIS, P.J., KUEHN, V.P.J., LUMPKIN, J., HUDSON, J.:** Concur. [PDF Download Link](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-989_1734871593.pdf)

F-2018-136

Post author:Staff
Post published:January 2, 2020
Post category:F

In OCCA case No. F-2018-136, Michael Emmanuel Ishman appealed his conviction for Murder in the First Degree, Robbery with a Dangerous Weapon, and Possession of a Firearm After Former Felony Conviction. In an unpublished decision, the court decided to affirm Ishman's conviction and sentencing. One judge dissented. The case involved Ishman who was trialed and convicted by a jury. He was sentenced to life imprisonment with the possibility of parole for each count, with all sentences running consecutively. Ishman raised several arguments in his appeal regarding the evidence presented, jury instructions, and the conduct of his trial. The court found that the evidence was sufficient to support the conviction for robbery and determined that the witness's corroboration was not required as she was not considered an accomplice. The court also addressed claims of instructional errors regarding the punishment range for firearm possession, finding that the errors were harmless because the jury recommended the maximum sentence. Moreover, the court dismissed claims about the introduction of evidence of other bad acts and the failure to instruct the jury on lesser offenses. The court determined that defense counsel performed adequately, stating that there was no evidence that any of the claimed errors affected the trial's outcome. The court summarized that the jury's recommendation of life sentences was appropriate given the circumstances of the case, and affirmed all judgments made by the trial court. Overall, the court did not find sufficient grounds for relief based on Ishman's claims and decided to uphold the conviction and sentencing.

F-2017-1001

Post author:Staff
Post published:January 2, 2020
Post category:F

In OCCA case No. F-2017-1001, Jacob Darrell Tyre appealed his conviction for child abuse and child neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Jacob Darrell Tyre was found guilty by a jury in Tulsa County for child abuse and child neglect. He received a sentence of eight years in prison for child abuse and twelve years for child neglect, with both sentences served back-to-back. He was also fined but the fines were later suspended. Tyre argued three main errors in his appeal. First, he claimed his lawyer had not effectively represented him because the lawyer admitted Tyre was guilty of child abuse without discussing it with him first. The court looked into this issue and found that the lawyer had actually talked to Tyre about this strategy beforehand, and Tyre approved it, even if he was not happy about it. Second, Tyre believed that the actions of the prosecutor made his trial unfair. However, the court found that there were no clear mistakes that affected the fairness of the trial. Third, Tyre challenged the testimony of a doctor who suggested that a child was abused. Since Tyre did not object to this during the trial, the court reviewed it for serious mistakes but found that the doctor's testimony was allowed. In the end, the court upheld Tyre's convictions and sentences, ordering that the decision be effective immediately.

F-2018-1087

Post author:Staff
Post published:December 19, 2019
Post category:F

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma, addressing the appeal of Spencer Joe Cuccaro regarding his termination from the Kay County Drug Court and subsequent sentencing. ### Key Points: 1. **Case Background**: - Appellant Spencer Joe Cuccaro was placed in the Kay County Drug Court program on June 22, 2017, following a plea agreement that stipulated the conditions of his sentencing based on his performance in the program. - Cuccaro was involved in multiple cases (CF-2016-561, CF-2011-74, CF-2008-353) linked to drug offenses and was under specific probationary requirements. 2. **Allegations Against Cuccaro**: - The State filed a petition to remove Cuccaro from Drug Court, citing new criminal charges (including trafficking in illegal drugs), non-compliance with counseling requirements, and outstanding fees. - Evidence presented included testimonies from law enforcement regarding drug possession during a traffic stop and at the jail. 3. **Termination Hearing**: - At the termination hearing, evidence presented indicated that Cuccaro had violated the terms of his drug court agreement by committing new offenses and failing to meet his counseling and payment obligations. - The trial judge, David R. Bandy, found sufficient evidence to terminate Cuccaro from the Drug Court program. 4. **Appeal Propositions**: - **Proposition I**: Cuccaro claimed his no contest pleas were coerced. - **Proposition II**: He alleged the trial court failed to follow mandatory Drug Court procedures. - **Proposition III**: He contended the trial judge abused discretion in terminating him. - **Proposition IV**: He argued that the sentencing was excessive. 5. **Court's Analysis**: - The court found that Proposition I was not a suitable subject for this appeal and should be addressed in a separate certiorari appeal regarding the plea. - Proposition II also fell outside the scope of the termination appeal, which is to assess the validity of the termination order. - For Proposition III, the court upheld that the decision to terminate Cuccaro was within the judge’s discretion, consistent with the evidence of non-compliance and new criminal activity. - Proposition IV regarding sentencing was similarly ruled to be outside the appeal context, advising Cuccaro to raise such claims in the separate certiorari appeal. 6. **Decision**: - The court affirmed the termination order, emphasizing the trial judge's proper authority and the sufficiency of the evidence for termination from Drug Court. ### Conclusion: The Court of Criminal Appeals affirmed the District Court's order to terminate Spencer Joe Cuccaro from Drug Court and advised him to pursue any excessive sentence claims separately. The decision reflects adherence to legal standards concerning plea agreements, drug court compliance, and the discretion exercised by trial judges in such matters. For more details, you can access the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1087_1734789881.pdf).

F-2018-929

Post author:Staff
Post published:December 19, 2019
Post category:F

**Court of Criminal Appeals of Oklahoma** **Case:** Andrew Joseph Revilla v. The State of Oklahoma **Citation:** 2019 OK CR 30 **Date Filed:** December 19, 2019 **Docket Number:** F-2018-929 **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. --- **Overview:** Andrew Joseph Revilla was convicted in Jackson County District Court on two counts of Lewd Molestation of a Minor and one count of Forcible Sodomy, receiving concurrent twenty-year sentences. He raised five propositions of error in his appeal, which the Court addressed. --- ### Propositions of Error **Proposition I - Ineffective Assistance of Counsel:** Revilla claimed ineffective assistance because his counsel failed to file a motion to quash based on insufficient evidence presented at the preliminary hearing. The Court found that the evidentiary standards at a preliminary hearing do not require strict adherence to corroboration rules and that the victim's testimony, along with corroborative evidence, was sufficient for bindover. As such, the claim did not support a finding of ineffective assistance. **Proposition II - Improper Evidence of Other Crimes:** Revilla contended that evidence of his drug use and criminal behavior introduced during cross-examination of character witnesses was prejudicial. The Court noted that this evidence was permissible to challenge the credibility of witnesses. Additionally, defense counsel did not object to this line of questioning, which limited grounds for relief. **Proposition III - Omitting Jury Instruction:** Revilla argued that the trial court improperly omitted an explanation regarding how jurors should treat prior inconsistent statements by the victim. The Court acknowledged the omission but concluded the error did not affect the trial’s outcome since the victim's preliminary statements were not exculpatory. **Proposition IV - Prosecutorial Misconduct:** Revilla alleged various instances of prosecutorial misconduct. The Court found that most complaints lacked timely objections and did not undermine the fairness of the trial. **Proposition V - Cumulative Error:** Revilla asserted that even if individual errors were not significant, their cumulative effect denied him a fair trial. The Court found no cumulative impact from the identified issues. --- ### Decision The Court affirmed the judgment and sentence of the District Court of Jackson County. Revilla's claims of error were denied, and his conviction was upheld. **Mandate ordered upon filing of this decision.** **For Appellant:** Kenny Goza **For Appellee:** Mike Hunter, Attorney General **Judges' Concurrence:** Lewis, Lumpkin, Hudson, Rowland all concurred with the opinion. [**Click Here to Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-929_1734877175.pdf)

F-2018-850

Post author:Staff
Post published:December 19, 2019
Post category:F

Here’s a summary of the case involving Johnny Aldric Samples, III, as presented in the Court of Criminal Appeals of the State of Oklahoma: **Case Overview:** - **Appellant:** Johnny Aldric Samples, III - **Charges:** Four counts of Child Sexual Abuse, violating Oklahoma law (21 O.S.Supp.2014, § 843.5(E)). - **Trial Outcome:** Convicted by jury; sentenced to life imprisonment on each count, with sentences to run consecutively. - **Appeal Filed Against:** The judgment and sentence. **Propositions of Error Raised by the Appellant:** 1. **Admission of Hearsay Statements:** Claims the trial court improperly admitted hearsay from child witnesses, arguing B.L. did not meet the disability requirement for hearsay exceptions. 2. **Admission of Irrelevant Evidence:** Contends the trial court admitted prejudicial evidence related to B.L.'s mother's suicide. 3. **Insufficient Evidence (B.L.):** Argues there was inadequate evidence of sexual abuse against B.L. 4. **Insufficient Evidence (C.L.):** Claims insufficient evidence to support convictions for sexually abusing C.L. 5. **Ineffective Assistance of Counsel:** Suggests his counsel failed to properly object to hearsay statements regarding B.L. 6. **Cumulative Errors:** Argues that the cumulative effect of errors denied him a fair trial. 7. **Consecutive Sentencing:** Contends the trial court abused its discretion by ordering sentences to run consecutively, claiming it results in an excessive sentence. **Court's Analysis and Decisions:** - The court found no merit in the claims regarding hearsay evidence or the sufficiency of evidence relating to both B.L. and C.L. The analysis included verifying B.L.'s status as a disabled child, which justified the admission of her hearsay statements. - Though the court acknowledged an error in admitting evidence related to B.L.'s mother's suicide, it deemed the error harmless, as overwhelming evidence supported the convictions. - The court concluded that the convictions against C.L. were also adequately supported by credible testimony. - Regarding ineffective assistance of counsel, the court found no deficiency since no errors were present in the trial. - The cumulative error argument was rejected as no single error warranted reversal. - Finally, the court supported the trial court's sentencing decision, stating the consecutive sentences aligned with the nature of the offenses. **Conclusion:** The judgment and sentence against Johnny Aldric Samples, III, were affirmed, with the court finding no errors that warranted relief. **Concurrence:** Vice Presiding Judge Kuehn expressed disagreement with the constitutionality of the child sexual abuse statute but concurred in results based on existing law. He noted a significant change in the law due to a recent decision (A.O. v State) affecting jury instructions in similar cases and criticized the denial of a supplemental brief based on this change. For more detailed information, you can reference the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-850_1735154293.pdf).

F-2018-738

Post author:Staff
Post published:December 19, 2019
Post category:F

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keith Lorenzo Sumpter, who was convicted of Indecent or Lewd Acts with a Child Under Sixteen. Sumpter was sentenced to thirty-five years in prison and appealed his conviction on multiple grounds, asserting errors related to hearsay, the admission of previous testimony, prosecutorial misconduct, and the accumulation of errors leading to an unfair trial. The court addressed each of Sumpter's assertions: 1. **Hearsay and Affidavit**: The court ruled that the trial court did not err in excluding an affidavit by the victim's mother, LaLethia Frederick, which was deemed to be self-serving hearsay without sufficient corroborating evidence to establish its trustworthiness. 2. **Cross-Examination Issues**: The court found that there was no error in admitting Frederick's Preliminary Hearing testimony since defense counsel had ample opportunity to cross-examine her about the lewd conduct allegations. 3. **Reliability of Testimony**: The court determined that the Preliminary Hearing testimony was reliable as it was given under oath and was subject to thorough cross-examination, thereby satisfying legal standards for admissibility. 4. **Federal Due Process**: Sumpter's argument that federal due process mandated the admission of the affidavit was dismissed, as the affidavit did not meet the criteria for reliability or critical importance to his defense. 5. **Prosecutorial Misconduct**: Allegations regarding improper commentary by the prosecutor during closing arguments were evaluated and deemed insufficient to constitute grounds for a fair trial violation. 6. **Cumulative Errors**: The court concluded that because none of Sumpter's claims of error were sustained, the cumulative error argument lacked merit. Ultimately, the Court affirmed the judgment and sentence imposed by the lower court. This summary opinion highlights various legal principles regarding hearsay evidences, the confrontation rights of defendants, and the latitude allowed for prosecutorial arguments, culminating in the decision that Sumpter's trial was conducted fairly despite his claims.

F-2018-691

Post author:Staff
Post published:December 19, 2019
Post category:F

The document you provided outlines a legal case involving Jose Santiago Hernandez, who had his suspended sentences revoked due to alleged perjury. Here’s a summary of the key points: 1. **Background**: Hernandez entered a guilty plea to charges of robbery with a firearm and conspiracy in January 2017, resulting in a ten-year sentence with the last five years suspended. 2. **Revocation**: The State filed an application to revoke his suspended sentences on the grounds that he committed perjury by providing false statements regarding his co-defendant's involvement in the robbery during court proceedings. 3. **Hearing**: A revocation hearing took place on December 19, 2018, where the judge found that Hernandez did not provide truthful testimony. The judge ruled in favor of the State's application to revoke his suspended sentences. 4. **Appeal**: Hernandez appealed the revocation, arguing that the State did not present sufficient evidence of perjury, violating his due process rights. 5. **Court's Decision**: The appellate court affirmed the lower court's decision, stating that violations of suspended sentences need only be shown by a preponderance of the evidence. The court concluded that there was sufficient evidence to support the revocation and found no abuse of discretion by the trial court. 6. **Conclusion**: The revocation of Hernandez's suspended sentences was upheld. For any further inquiries or specific details about the case, feel free to ask!

F-2019-16

Post author:Staff
Post published:December 12, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOHNNY W. WARD,** Appellant, v. **STATE OF OKLAHOMA,** Appellee. **Case No. F-2019-16** **FILED DEC 12 2019** **IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** LUMPKIN, JUDGE: Appellant Johnny W. Ward was tried by jury and found guilty of Assault and Battery with a Deadly Weapon (Count I) (21 O.S.2011, § 652) and Possession of a Firearm (Count II) (21 O.S.Supp.2014, § 1283), both counts After Former Conviction of A Felony, in the District Court of Muskogee County, Case No. CF-2017-1155. The jury recommended as punishment imprisonment for thirty (30) years in Count I and ten (10) years in Count II. The trial court sentenced accordingly, ordering the sentences to be served concurrently. It is from this judgment and sentence that Appellant appeals. Appellant must serve 85% of his sentence in Count I before becoming eligible for consideration for parole. 21 O.S.2011, § 13.1. **Appellant raises the following propositions of error in support of his appeal:** 1. The eyewitness identification of Appellant was based upon an overly suggestive, one-man show-up that violated Appellant's rights to due process and a fair trial. 2. The State's evidence presented at trial was insufficient to establish beyond a reasonable doubt that Appellant committed the crimes of Assault and Battery with a Deadly Weapon and Possession of a Firearm After Former Conviction of a Felony Conviction and his convictions must therefore be reversed with instructions to dismiss. 3. Appellant's sentence is excessive and should be modified. After thorough consideration of these propositions and the entire record, we have determined that under the law and the evidence no relief is warranted. **Proposition I:** Appellant contends the trial court abused its discretion in denying his motion to suppress the in-court identification made by Ms. Davidson after an on-the-scene one person show-up. Appellant argues the pre-trial identification was unnecessarily suggestive and tainted the subsequent identification of Appellant at trial. A one man show-up is not necessarily unduly suggestive or improper. Young v. State, 2000 OK CR 17, ¶ 30, 12 P.3d 20, 34. Absent special elements of unfairness, prompt on-the-scene confrontations [between a victim and a suspect] do not entail due process violations.... Harrolle v. State, 1988 OK CR 223, ¶ 7, 763 P.2d 126, 128, quoting Russell v. United States, 408 F.2d 1280, 1284 (D.C.Cir.1969). The one person show-up in this case was not unduly suggestive or so improper as to create a substantial likelihood of irreparable misidentification. The trial court did not abuse its discretion in denying the motion to suppress the identification. However, even if the show-up was unduly suggestive, the same would not automatically invalidate the subsequent in-court identification if that identification can be established as independently reliable under the totality of the circumstances. Young, 2000 OK CR 17, ¶ 31, 12 P.3d at 34. Under the circumstances of this case, we find the in-court identification reliable. As the trial court did not abuse its discretion by allowing into evidence the in-court identification of Appellant, this proposition of error is denied. **Proposition II:** Appellant challenges the sufficiency of the evidence supporting his convictions for Assault and Battery with a Deadly Weapon and Possession of a Firearm After Former Conviction of a Felony. He argues the State failed to show he had anything to do with the alleged crimes. Appellant asserts that the State's evidence showed only that he was in the wrong place at the wrong time. However, evidence showed that Appellant shot his victim in the knee and buttock as the victim begged for his life. Appellant then ran away from the scene, discarding the gun he used and a hoodie he was wearing. Reviewing Appellant's challenge to the sufficiency of the evidence in the light most favorable to the prosecution, we find any rational trier of fact could have found the essential elements of the charged crimes beyond a reasonable doubt. Mitchell v. State, 2018 OK CR 24, ¶ 11, 424 P.3d 677, 682. Appellant's challenge to the sufficiency of the evidence is denied. **Proposition III:** Appellant argues that his sentence is excessive and should be modified. He asserts that while his sentence is technically within the range provided by law, it does not bear a direct relationship to the nature and circumstances of the offenses. However, Appellant's sentences were within the applicable statutory range (21 O.S.2011, §§ 652(A), 1284 and 51.1(C)). This Court will not modify a sentence within the statutory range unless, considering all the facts and circumstances, it shocks the conscience. Pullen v. State, 2016 OK CR 18, ¶ 16, 387 P.3d 922, 928. The evidence showed that despite having a prior robbery conviction, Appellant was in possession of a gun, which he used to shoot the victim multiple times as the victim begged for his life. Under these circumstances, the 30 year and 10 year sentences are not excessive. Therefore, modification of the sentences is not warranted and this proposition is denied. Accordingly, this appeal is denied. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY** **THE HONORABLE THOMAS H. ALFORD, DISTRICT JUDGE** **APPEARANCES AT TRIAL** BRIAN WATTS 222 N. 4TH ST. MUSKOGEE, OK 74401 COUNSEL FOR THE DEFENSE **APPEARANCES ON APPEAL** NICOLLETTE BRANDT OKLA. INDIGENT DEFENSE SYSTEM P.O. BOX 926 NORMAN, OK 73070 COUNSEL FOR APPELLANT **ORVIL LOGE** DISTRICT ATTORNEY TIM KING ASST. DISTRICT ATTORNEY MUSKOGEE CO. COURTHOUSE MUSKOGEE, OK 74401 COUNSEL FOR THE STATE **MIKE HUNTER** ATTORNEY GENERAL OF OKLAHOMA CAROLINE E.J. HUNT ASST. ATTORNEY GENERAL 313 N.E. 21ST ST. OKLAHOMA CITY, OK 73105 COUNSEL FOR THE STATE **OPINION BY: LUMPKIN, J.** LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2019-16_1734781599.pdf)

F-2018-562

Post author:Staff
Post published:December 12, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON THOMAS BROCK,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-562** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Aaron Thomas Brock was convicted by jury of robbery with a dangerous weapon and conspiracy to commit a felony in Oklahoma County District Court, receiving a total sentence of thirty-five years imprisonment. He appeals with two propositions of error. **Proposition One: IAD Violation** Brock argues his rights under the Interstate Agreement on Detainers (IAD) were violated when the State did not bring him to trial within the mandated 180 days. The trial court ruled that no proper detainer was lodged against him as required by Article III of the IAD. Brock contends that a documentation was sent to the appropriate authorities, triggering the IAD timeline. The trial court determined that there was no evidence of a proper detainer because the Oklahoma County District Attorney's office and the Court Clerk's office had no record of receiving documentation from Brock. Notably, the trial court found a facsimile from the Sheriff's office did not constitute a proper detainer as defined by case law (Fex v. Michigan). The Court agreed with the trial court's findings, ruling that Brock failed to provide sufficient documentation and credible evidence to support his claims. **Proposition Two: Insufficient Evidence** In his second proposition, Brock asserts that the evidence was insufficient to uphold the conviction for robbery with a dangerous weapon. The standard for reviewing evidence requires this Court to determine if, viewing the evidence favorably to the prosecution, a rational jury could find guilt beyond a reasonable doubt. The facts presented included testimony that a knife was brandished toward a victim and that money was taken by a co-defendant and given to Brock. The Court found that this evidence met the elements for robbery with a dangerous weapon, reinforcing that the presence of fear in the victim suffices for conviction. **Decision** Both propositions of error raised by Brock are denied. The judgment and sentence are AFFIRMED. A mandate will issue upon filing this decision. **Appeal from the District Court of Oklahoma County** The Honorable Timothy R. Henderson, District Judge **Attorneys for Appellant**: Nick Southerland, Andrea Digilio Miller, Micah Sielert **Attorneys for Appellee**: Kelly Collins, Mike Hunter, Lori McConnell, Jennifer B. Miller **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-562_1735316443.pdf)

F-2018-481

Post author:Staff
Post published:December 12, 2019
Post category:F

In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

F-2017-1147

Post author:Staff
Post published:December 12, 2019
Post category:F

In OCCA case No. F-2017-1147, Michael Andrew Nordbye appealed his conviction for Murder in the First Degree (Child Abuse). In an unpublished decision, the court decided to uphold the conviction, concluding that sufficient evidence supported the jury’s verdict. One judge dissented. Michael Andrew Nordbye was found guilty of killing a four-year-old girl named J.H. The jury sentenced him to life in prison without the possibility of parole, and he was also fined $1,000. The case involved disturbing evidence of injuries on J.H.'s body, including bruises and cigarette burns, which suggested she had been abused before her tragic death. On November 15, 2015, J.H. was brought to the hospital but was unresponsive and cold. Doctors tried to save her, but she was declared dead shortly after arriving. The medical examiner determined that J.H. had blunt force injuries and several cigarette burns. They believed these injuries were inflicted shortly before her death. Evidence showed that Nordbye was with J.H. during the hours leading up to her death but his account of the events was inconsistent. During the trial, it was revealed that he had taken her to various places and returned home, where J.H. was later found unresponsive. Witnesses testified about the day of J.H.'s death, including retrospective video surveillance and testimonies that placed Nordbye with J.H. in different locations. The jury was presented with medical evidence indicating the cause of death was homicide due to blunt force trauma, compounded by a possible drug overdose. Despite Nordbye's claims, the jury found him guilty based on the compelling evidence that linked him to the injuries and the timeline leading up to J.H.'s death. Several claims made by Nordbye about improper legal proceedings were dismissed by the court, including issues concerning jury instructions and witness testimonies that were not allowed. The court ultimately found that the trial had been conducted fairly and that the evidence sufficiently demonstrated that Nordbye was guilty of the charges.

F-2018-1160

Post author:Staff
Post published:December 5, 2019
Post category:F

**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **RASHAUN HAASTROP,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1160** **FILED DEC - 5 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** *KUEHN, VICE PRESIDING JUDGE:* Appellant, Rashaun Haastrop, was charged in Oklahoma County District Court, Case No. CF-2018-55, with First Degree Burglary, After Conviction of Two Felonies. He was convicted of the lesser related offense of Attempted First Degree Burglary, After Conviction of Two Felonies. On November 13, 2018, the Honorable Ray C. Elliott, District Judge, sentenced him to twenty years imprisonment in accordance with the jury's recommendation. This appeal followed. Appellant raises one proposition of error in support of his appeal: **PROPOSITION:** The State introduced insufficient evidence to prove that Mr. Haastrop had prior convictions out of Illinois and therefore his sentence must be modified. After thorough consideration of this proposition, the briefs of the parties, and the record on appeal, we affirm. Appellant's sole complaint on appeal is that the State failed to sufficiently prove that he was the person named in two Illinois documents reflecting felony convictions for Rashaun Haastrup, or that those convictions were valid and final, i.e., that the defendant in those proceedings had the assistance of counsel and that the convictions had not been appealed. The two latter challenges were not raised below, so we review them only for plain error, as established in *Mathis v. State*, 2012 OK CR 1, ¶ 30, 271 P.3d 67, 78. Plain errors are those errors which are obvious in the record and affect the substantial rights of the defendant; that is, the error affects the outcome of the proceeding, as seen in *Daniels v. State*, 2016 OK CR 2, ¶ 3, 369 P.3d 381, 383. The State offered two certified documents reflecting convictions in Illinois for a Rashaun Haastrup. The chronological entries on these documents show that in each case, (1) Mr. Haastrup was represented by counsel, (2) his rights to appeal were explained to him, but (3) no appeals were taken. The documents were generated several years after the convictions were entered, and neither reveal any activity after formal sentencing. See *Bickerstaff v. State*, 1983 OK CR 116, ¶ 8, 669 P.2d 778, 780. On this record, the trial court's conclusion that the convictions were valid and final was not plainly erroneous. As for whether Appellant (Rashaun Haastrop) and the person named in the documents (Rashaun Haastrup) are the same person, the jury received testimony from a police officer who interviewed Appellant after his arrest. The officer testified that Appellant admitted serving time in Illinois for two different crimes, specifically a drug offense and a theft offense; the State's documents reflected convictions for a drug crime and a theft crime. With identifying information provided by Appellant, the officer retrieved the Illinois documents. Given the unusualness of both names, their similarity, and Appellant's own admissions, a rational juror could conclude beyond a reasonable doubt that the convictions were, in fact, Appellant's, as established by *Jackson v. Virginia*, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979) and *Garcia v. State*, 1987 OK CR 49, ¶ 30, 734 P.2d 820, 825. As there is no error, his sole proposition is denied. **DECISION** The Judgment and Sentence of the District Court of Oklahoma County is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** **BENJAMIN MUNDA** **ANDREA DIGILIO MILLER** **BONNIE BLUMERT** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY** **320 ROBERT S. KERR AVE.** **SUITE 611** **OKLAHOMA CITY, OK 73101** **COUNSEL FOR DEFENDANT** **ATTORNEYS ON APPEAL** **DANIEL GRIDLEY** **MIKE HUNTER** **DANIEL POND** **ATTORNEY GENERAL OF OKLA.** **ASST. DISTRICT ATTORNEYS** **TESSA L. HENRY** **ASST. ATTORNEY GENERAL** **320 ROBERT S. KERR AVENUE** **SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1160_1734786705.pdf)

F-2018-1137

Post author:Staff
Post published:December 5, 2019
Post category:F

This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Parron Lavon Burrus. Burrus was convicted of conspiracy to distribute methamphetamine and possession of a controlled substance with intent to distribute, after being found guilty by a jury in the District Court of Caddo County. The court sentenced him to 30 years in prison for the first count and 25 years for the second, running consecutively. In the appeal, Burrus contended that the sentences were excessive and should be modified. He argued that the offenses were interconnected and that the trial court exhibited prejudice against him during sentencing, referencing the requirement for his testimony to be under oath and the judge's prior role in prosecuting him. However, the appellate court affirmed the trial court's judgment and sentence. The court noted that the sentences fell within the statutory range, that there is no constitutional right to concurrent sentences, and that Burrus did not demonstrate that the trial judge's actions or previous involvement in prior prosecutions caused an unfair sentencing outcome. The court concluded that there was no abuse of discretion in sentencing, emphasizing the separate nature of the offenses committed by Burrus. In essence, the appeal was denied, and the court's decision was upheld, confirming the sentences imposed on Burrus.

CCAD-2019-2

Post author:Staff
Post published:December 5, 2019
Post category:F

This document is an official order from the Oklahoma Court of Criminal Appeals, identifying changes made to Rule 3.5 C regarding the citation of authorities. The substantial amendments aim to standardize citation formats for legal opinions from the court and establish official guidelines for referencing these opinions, including those prior to and after the issuance of mandates. ### Key Points of the Amendment: 1. **Purpose of Amendment**: - To enhance clarity in legal citations by establishing a consistent format. 2. **Citation Format**: - Separate citation formats are provided for opinions before and after January 1, 1954. - Opinions in which mandates have issued prior to January 1, 1954, need both the official paragraph citation and Pacific Reporter citation, with additional mention of Oklahoma Criminal Reports. - For opinions issued after this date, there’s a focus on the official public domain format along with required citations to the Pacific Reporter. - New guidelines also specify citation styles for opinions issued for publication, including using the Oklahoma Bar Journal. 3. **Online Publication**: - Clarifies that opinions will be published online on the Oklahoma State Courts Network (OSCN) and will serve as the official version once mandates are issued. 4. **Citations to the United States Supreme Court**: - Clear guidelines are provided for citing U.S. Supreme Court cases with an emphasis on including pinpoint citations. 5. **Effective Date**: - The amendments become effective immediately as of the order date, December 5, 2019. ### Conclusion: This revision reflects the Court's commitment to improving legal documentation practices, ensuring legal professionals can accurately reference past cases in compliance with established standards. These changes will promote consistency in legal writing and enhance the clarity of legal references within the Oklahoma judicial system.