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J 2010-0788

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 In an unpublished decision, the court decided to reverse the order that imposed an adult sentence and remand the case for sentencing as a Youthful Offender if the appellant is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

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J-2010-653

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

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J-2009-0091

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In OCCA case No. J 2009-0091, C.C.S. appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the order of the lower court that had granted the State's motion to impose an adult sentence on C.C.S. and remanded the case for further proceedings with instructions to sentence C.C.S. as a Youthful Offender if he is convicted of the charged crimes. One judge dissented. C.C.S., who was born on December 28, 1990, faced multiple charges as a Youthful Offender. These included robbery with a firearm, possession of a firearm with a defaced serial number, and obstructing an officer. The State requested that C.C.S. be sentenced as an adult. After a hearing, a judge decided C.C.S. should be tried as an adult for the robbery charge. C.C.S. then appealed, and the case came before the Oklahoma Court of Criminal Appeals. During a hearing on April 30, 2009, the court listened to arguments and took time to think about the case. The court determined that the trial court had made a mistake by deciding to treat C.C.S. as an adult. The ruling meant that if C.C.S. was found guilty, he should be treated and sentenced as a Youthful Offender according to the law. This result was based on the idea that the law aims to help young people rehabilitate rather than punish them like adults. The judges in the dissent expressed their disagreement with the majority opinion. They believed that the trial judge had made a reasonable decision based on the facts of the case. They felt that the judge had thought carefully about what would be best for C.C.S., considering his age and the nature of the charges against him. The dissenting opinion also pointed out concerns about how the ruling would work, especially because C.C.S. was almost 18 at the time of the decision and nearly 18.5 years old by the time the case was decided. They referred to specific laws about how young offenders should be treated and raised questions about whether C.C.S. would still be eligible for a Youthful Offender program given his age during the legal proceedings. Overall, the court’s decision aimed to ensure that young people like C.C.S. would have the opportunity for rehabilitation instead of simply being punished as adults for their actions. The focus was on providing a chance for a better future rather than imposing adult penalties.

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J-2008-800

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In OCCA case No. J-2008-800, M.H. appealed his conviction for First Degree Murder. In a published decision, the court decided to affirm the District Court's ruling that M.H. should be certified to stand trial as a Youthful Offender. The State of Oklahoma dissented. M.H. was charged with a serious crime when he was just shy of 15 years old. He wanted to be treated as a juvenile instead of as an adult. M.H.'s request was initially denied, but later, a judge decided that he could be treated as a Youthful Offender. The State disagreed and appealed the decision, arguing several points. The State thought the trial court should have given more importance to certain laws about how young people are treated in court. They also believed that M.H. didn't prove he could be helped in a juvenile system, and they claimed it was a mistake to put the burden of proof on them. In court, the judges looked at different kinds of evidence, including expert opinions that suggested M.H. could benefit from treatment that the Youthful Offender System offered. After reviewing everything, the judges decided that the trial court did not make a mistake, and they agreed that M.H. could be certified as a Youthful Offender. The final outcome was that M.H. would not automatically be treated as an adult for the serious crime he was accused of, and he was given a chance for treatment instead. This decision was seen as correct by the judges who agreed, while the dissenting opinion did not support this view.

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J-2008-02

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In OCCA case No. J-2008-02, the appellant appealed her conviction for murder in the first degree. In an unpublished decision, the court decided that the trial court abused its discretion when it denied her motion to be treated as a youthful offender. One judge dissented. The case involved a young person who was trying to be treated differently under the law because of her age. She argued that she should not face adult sentencing for her crime and provided evidence to support her request. The court looked at this evidence and decided that she had established enough reasons to be classified as a youthful offender. The ruling from the lower court had denied her request, but the appeals court reversed that decision. They instructed the lower court to certify her as a youthful offender, meaning she would be treated more like a minor in terms of sentencing. The dissenting judge believed the initial court hearing was thorough and that the reasons to deny youthful offender status were valid and supported by the facts. This judge argued that the decision to overturn the denial did not stand against the well-reasoned basis that was originally provided.

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J-2005-1078

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In OCCA case No. J-2005-1078, the appellant appealed his conviction for First Degree Rape. In a published decision, the court decided to reverse the order that sentenced the appellant as an adult and directed that he be treated as a youthful offender in the event of a conviction. No judge dissented. The case began when the appellant was charged as a youthful offender on September 23, 2004. After a request to be treated as a juvenile was denied, the state filed a motion to sentence the appellant as an adult. This motion led to a trial that was scheduled for September 12, 2005. However, just before the trial started, the state asked to cancel the trial and have a hearing on the motion to sentence him as an adult, which was scheduled for October 12, 2005. During the appeal, the appellant raised three main issues. He argued that the delays in bringing the charges against him were unfair and that the case should be dismissed. He also claimed that the state could not pursue adult sentencing because the trial had already begun before the hearing, and lastly, he said there wasn't enough evidence to show he couldn't be helped through the juvenile system. The court looked closely at the timing of when the trial started and when the hearing to sentence him as an adult happened. They determined that the trial had indeed started when jury selection began, and the law required that the hearing on the adult sentencing motion should have happened before the trial began. Since it did not, the court found that the district court made a mistake by allowing the state to strike the trial after jury selection had started and then proceed with the sentencing hearing. As a result, the order to sentence the appellant as an adult was reversed, and the case was sent back to the district court with instructions to treat the appellant as a youthful offender if he were to be convicted.

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J-2005-542

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In OCCA case No. J-2005-542, S.H. appealed his conviction for being sentenced as an adult. In a published decision, the court decided to reverse the district court's decision, stating that there was not enough convincing evidence to support this adult sentencing. One judge dissented. The court found that S.H. should be sentenced as a youthful offender instead.

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J-2005-549

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In OCCA case No. J-2005-549, the appellant appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the previous ruling and remand the case for a new certification hearing. One judge dissented. The case involved a fourteen-year-old who was charged as an adult with murder. The court first evaluated whether the appellant was competent to stand trial. Initially, he was found incompetent but later deemed competent after receiving training and treatment. The appellant sought to be classified as a youthful offender or juvenile instead of being tried as an adult. During the certification hearing, the appellant's attorney did not present any evidence to support this request. The court determined that the attorney failed to provide adequate representation by not investigating or suggesting experts until after the state had already presented its case. As a result, the court found that the appellant's rights were violated due to ineffective assistance of counsel. The court ruled that the appellant should receive a new hearing with proper legal support, including expert witnesses, to help his argument for being treated as a juvenile or youthful offender. The court emphasized the importance of moving quickly on the case due to delays that had previously occurred.

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J-2004-1117

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In OCCA case No. J-2004-1117, the appellant appealed his conviction for First Degree Murder and three counts of Assault with Intent to Kill. In a published decision, the court decided to affirm the denial of the appellant's request to be certified as a Youthful Offender but reversed the decision regarding the Assault charges, allowing those to be tried as a Youthful Offender. One judge dissented. The case began when the appellant was charged as an adult with serious crimes, including murder. The appellant wanted to be treated as a Youthful Offender, which would mean he could receive rehabilitation instead of severe punishment. A special judge conducted hearings to decide if the appellant could be certified as a Youthful Offender, meaning he would be tried in a different system designed for young people. During the hearings, expert witnesses gave differing opinions about whether the appellant could be helped and rehabilitated if treated as a Youthful Offender. One expert believed the chances were good, while others thought the appellant needed more time to be rehabilitated. Based on all the information and expert opinions, the judge decided not to certify the appellant as a Youthful Offender and instead required him to be tried as an adult for the murder charge. On appeal, the appellant argued three main points: first, that the judge made a mistake by not certifying him as a Youthful Offender, second, that the judge should have removed himself from the case, and third, that he should not have been charged as an adult for the Assault with Intent to Kill counts since those should be treated as Youthful Offender crimes. The court looked at the evidence presented in the trial, including testimonies from experts and details of the appellant's life. The conclusion was that the judge did not abuse his discretion in deciding the appellant should be tried as an adult for the murder charge. However, the court did agree with the appellant concerning the Assault with Intent to Kill charges; since he was between 15 and 17 and those charges are typically handled differently, the court ordered that he be processed as a Youthful Offender for those counts. In the end, the court upheld the decision regarding the murder charge but reversed the decision on the Assault with Intent to Kill charges, indicating that the appropriate course was for those to be treated under the Youthful Offender system.

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J-2004-741

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In OCCA case No. J-2004-741, C. C. appealed his conviction for attempted larceny of domestic game. In an unpublished decision, the court decided to affirm the District Court's ruling and clarify that the total restitution to be paid by C. C. and his co-defendant is $8,000. One judge dissented.

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J-2004-662

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In OCCA case No. J-2004-662, a fifteen-year-old juvenile appealed his conviction for Second Degree Burglary. In a published decision, the court decided to modify the conviction to Illegal Entry instead of Second Degree Burglary. One judge dissented. The case started when the State filed a petition claiming that the Appellant committed the act of burglary. A trial was held without a jury, and the court found him guilty. The Appellant then appealed this decision, claiming there were two main problems. First, the Appellant argued that there was not enough evidence to prove he was guilty beyond a reasonable doubt. The court agreed that the State did not show enough evidence for the breaking part of the burglary charge. However, they decided that the evidence was enough for a different crime called Entering a Building with Certain Intent, which is also known as Illegal Entry. Second, the Appellant argued that he did not properly give up his right to a jury trial. The court said this claim was not valid. They found that the Appellant had a lawyer during the trial and he signed a form saying he was okay with not having a jury. There was no evidence that he did not understand this decision or that he was forced into it. In the end, the court modified the original ruling and confirmed that the Appellant was guilty of Illegal Entry instead of Second Degree Burglary. This decision was officially recorded by the court, and they ordered that the correct information be entered into the court records.

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J-2004-305

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In OCCA case No. J-2004-305, D.H.D. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm the denial of D.H.D.'s motion for certification as a juvenile but reversed the denial for certification as a youthful offender, meaning D.H.D. would be tried in a system that focuses on rehabilitation rather than punishment. One judge dissented.

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J-2004-149

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In OCCA case No. J-2004-149, a juvenile, referred to as #x, appealed his conviction for possession of a controlled dangerous substance (methamphetamine) and possession of drug paraphernalia. In a published decision, the court decided to affirm the juvenile court's order certifying #x as an adult for possession of methamphetamine but vacated the certification regarding possession of drug paraphernalia. The opinion was agreed upon by all judges, with none dissenting. The case starts with #x being about seventeen years old when he was charged with having methamphetamine and paraphernalia related to drugs. The state wanted to treat #x as an adult, so they asked the court to certify him. After a hearing, the judge decided that #x should indeed be tried as an adult for both charges. #x then appealed the decision, claiming several things were wrong. First, he believed the court made a mistake when it didn't throw out the evidence found on him. #x argued that this evidence was obtained through an unreasonable search, which is not allowed. However, the court found that the police officer had a good reason to search him because of how #x was acting. Thus, the court allowed the evidence to be used. Next, #x argued that the judge shouldn't have decided that he couldn’t be helped or rehabilitated in the juvenile system. The court looked at #x's history and found that he had been in trouble before, had problems with drugs, and was close to turning eighteen. Given these facts, the court agreed with the judge's decision to certify #x as an adult because they felt that #x might not improve in the juvenile system. Finally, #x claimed his lawyer didn’t help him properly, saying the lawyer should have asked for more time to prepare for the hearing and should have provided more evidence on his behalf. However, the court decided that #x did not show how this would have changed the outcome and that these claims were not enough to prove the lawyer was ineffective. In the end, the court decided to allow the charge of possession of methamphetamine to be treated as an adult crime, but they said that the charge for possession of drug paraphernalia should not be. Thus, they upheld part of the decision but overturned part of it too.

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J-2003-1180

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In OCCA case No. J-2003-1180, T.C.S. appealed his conviction for second-degree burglary. In an unpublished decision, the court decided to reverse the District Court's decision and remand the case for a new trial. One judge dissented. T.C.S. was found to be delinquent after a hearing where he was accused of committing burglary when he was 16 years old. The court looked at evidence and decided that the testimony from an accomplice needed to be supported by more evidence to connect T.C.S. to the crime. Since the only supporting evidence showed that T.C.S. was in the same place as the accomplice later that night, it was not enough to prove he committed the burglary. The judges agreed that for a conviction based on an accomplice's testimony, there must be more proof that ties the defendant to the crime. As such, since this was not met, the judges reversed the earlier decision and said T.C.S. deserves a new trial.

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J-2003-504

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In OCCA case No. J-2003-504, K.D.E. appealed his conviction for a transfer of custody. In a published decision, the court decided to reverse the earlier order that transferred him from being a Youthful Offender to the Department of Corrections. The court concluded that he should stay in custody as a Youthful Offender instead. No one dissented.

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J 2002-0247

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In OCCA case No. J 2002-0247, A.B.H. appealed his conviction for Assault and Battery With A Deadly Weapon With Intent To Kill. In a published decision, the court decided to reverse the order that allowed the State to sentence him as an adult. One judge dissented. A.B.H. was charged as a Youthful Offender and the State wanted him to be tried and sentenced as an adult. There was a hearing to discuss this, and the judge decided to allow the State's request. A.B.H. argued that this was not fair because the judge did not properly consider if he could be rehabilitated as a youthful offender. The court looked at the evidence, including studies that showed A.B.H. could complete a plan for rehabilitation and that the public would be safe if he was treated as a youthful offender. Because the State did not provide strong evidence to support trying him as an adult, the court decided to reverse that decision and send the case back for further action.

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J 2001-878

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In OCCA case No. J 2001-878, G.S. appealed his conviction for petit larceny. In a published decision, the court decided to reverse the trial court's decision and send the case back for a new trial. One judge dissented. G.S. was found to be a delinquent child for committing a crime that would be a crime for an adult, called petit larceny. This meant that he was taken to court to see if he really did what he was accused of. After the trial, a judge decided that G.S. should be placed in a special care program for children and that he should pay for court costs and fees for his lawyer. G.S. was unhappy with this decision and decided to appeal, which means he wanted a higher court to look at his case again. He brought up three main problems with his case: 1. He argued that there wasn’t enough of a record for the higher court to review, so his conviction should be changed. 2. He thought that his lawyer didn’t give enough information to the higher court, which meant he didn’t get the help he needed. 3. He also said that there was no evidence showing he agreed to give up his right to a jury trial, which he thought was wrong. The court looked closely at everything, including the records and the written arguments from both sides. They decided that G.S. was right about not having proof he gave up his right to a jury trial. Because of this, they thought the trial court's decision should be reversed, meaning G.S. would get another chance to have his case heard. The judges agreed that the original trial didn’t follow the right rules. A big part of this situation was that when a child is accused of something serious, like stealing, they have rights, including having a jury to listen to their case. In G.S.’s case, there was no paperwork or proof showing he understood and agreed to give up that right. So, the court decided that G.S. should have a new trial to give him a fair chance to defend himself. The decision made by the original trial court was erased, and the case was sent back so it could be done again properly.

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J 2001-616

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In OCCA case No. J 2001-616, J.J.A. appealed his conviction for three counts of Burglary of an Automobile. In an unpublished decision, the court decided to affirm the conviction but modify it to reflect only two counts of Burglary of an Automobile. One member of the court dissented. The case began when a petition was filed against J.J.A. claiming he was a delinquent child due to the alleged burglaries. An adjudication hearing was held where the evidence was presented. J.J.A. argued that his rights were violated because statements made by a co-defendant who did not testify against him were used, and this went against his right to confront witnesses as established in a past case. After reviewing the details, the court found that although the trial court did not consider any statements that directly implicated J.J.A., two other codefendants did testify against him regarding two of the burglaries. As a result, the court decided to modify the adjudication to show that he committed only two counts instead of three. Overall, the decision confirmed the conviction but adjusted the count to ensure it aligned with the evidence presented.

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J-2001-57

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In OCCA case No. J-2001-57, J.L.H. appealed her conviction for Public Drunk. In an unpublished decision, the court decided to affirm the adjudication of delinquency and disposition of the District Court while modifying the victim compensation assessment. One judge dissented. J.L.H. was found delinquent because she did something that, if she were an adult, would be considered being publicly drunk. This happened in the District Court of Grady County. After the court made its decision, J.L.H. was placed under the care of the Office of Juvenile Affairs and was to live with her grandmother. J.L.H. had three main reasons for her appeal. First, she believed that the court's decision did not match the evidence presented and the court's own conclusions. Second, she thought it was wrong that her treatment plan was not filed on time, as the rule says it should be done in thirty days. Third, she argued that the court should not have made her pay a victim compensation fee because it did not apply to her case. After looking closely at the records, the court found that there was enough proof during the hearing to support the decision made about J.L.H. They decided that the way she was placed with her grandmother was in her best interest and fit with the law's requirements. The court also determined that not filing the treatment plan on time did not harm J.L.H. However, the court agreed with J.L.H. on the issue of the victim compensation fee. They said that the court could not charge her this fee because there was no evidence to support it in her case. So, they decided to cancel the $25 fee. Overall, the court upheld the main decision about J.L.H.'s delinquency and how she would be treated, but they removed the charge for the victim compensation fee.

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J-2001-80

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In OCCA case No. J-2001-80, B. D. S. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to reverse the District Court’s order denying his motion for certification as a youthful offender and remand the case for certification. One judge dissented. The case began when B. D. S. was charged as an adult with a serious crime. He wanted to be recognized as a youthful offender instead of being treated like an adult in the legal system. The court had to decide whether he should be classified as a youthful offender, which could mean a different kind of punishment and possible help for rehabilitation. B. D. S. argued that the trial court made mistakes. He said the court did not follow the rules about notifying his family of his rights regarding the case, and he claimed his lawyer did not do enough to defend him by speaking up about this issue. After listening to the arguments, the court found that the trial court did not provide proper notice to B. D. S.’s parents or guardian. This lack of communication meant that he might not have received a fair chance in court. The judges agreed that this was important and decided that B. D. S. should be given another chance to be classified as a youthful offender. The dissenting judge felt differently. This judge believed that the trial court's decision not to classify B. D. S. as a youthful offender was the right choice. This judge thought that the evidence showed B. D. S. had committed a serious crime in a cold and calculated way, and that he had a history of violent behavior, which warranted treating him as an adult. The dissenting opinion emphasized the importance of public safety and questioned whether B. D. S. could be rehabilitated. In summary, the court’s majority agreed that B. D. S. should be treated as a youthful offender for a fresh evaluation, while the dissenting judge maintained that the evidence showed he should remain classified as an adult.

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J 2000-690

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In OCCA case No. J 2000-690, M.G. appealed his conviction for disturbing a meeting and assault and battery. In a published decision, the court decided to reverse the adjudication of delinquency and remand the case to the trial court for a new hearing. One justice dissented. The case began when M.G. was found delinquent after a jury trial held in Grady County. The judge decided that M.G. had committed acts that could be considered disturbing a meeting and assault and battery. After the trial, M.G. appealed the decision, raising multiple arguments as to why the finding should be overturned. One of the main arguments was that M.G.'s mother did not receive proper notice of the trial, which meant the court did not have the right to make a decision about M.G. without her being informed. The court found this point very important. It decided that because the mother wasn’t served with the petition, the trial process was not valid. M.G. also argued that expanding the definition of disturbing a meeting to include disruptions in school classes made the law unclear and too broad. He believed this was unfair. Moreover, he claimed there wasn’t enough evidence to support the allegations of assault and battery or disturbing the peace. The State of Oklahoma, the other party in this case, did not respond to M.G.’s arguments during the appeal. Because of the lack of reply from the State, the court decided to review the case based solely on M.G.'s points. After looking at all the information provided, the court stressed the significance of proper notice to the parents in these types of cases. They referred to a previous case to back up their reason for reversing M.G.’s adjudication. In the end, the court instructed that a new hearing must take place where all proper notices are given to the required parties. Ultimately, the court's decision meant that M.G. would have another chance to address the accusations against him in a lawful manner, ensuring that his rights and his family’s rights were properly respected.

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