Files - Page 42 of 66 - OCCA Opinions

F-2007-543

Post author:Staff
Post published:May 22, 2008
Post category:F

In OCCA case No. F-2007-543, Sean Ray Smith appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to modify his sentence from 100 years to 45 years imprisonment. One judge dissented, opposing the modification and suggesting the case should be sent back for resentencing with proper jury instructions. Sean Ray Smith was found guilty of a serious crime after a jury trial. The jury's verdict led to a very long sentence of 100 years. Smith said there were three mistakes made during the trial. These mistakes included the judge and prosecutor calling the victim a victim, which he argued took away his rights, incorrect information given to the jury about sentencing, and that the 100-year sentence was too harsh. Upon reviewing the case and the evidence presented, the court agreed that one of Smith's claims about the jury instructions was valid. The jury received the wrong instruction regarding how long he would have to serve in prison before being considered for parole. The jurors were confused and asked how many years make up a life sentence, which increased concerns about how they understood the law related to his sentence. The court decided that while there were indeed errors, Smith would not get a new trial. Instead, it reduced his sentence to 45 years, which was deemed more appropriate given the circumstances, including Smith's history and the nature of the crime. The decision made by the court was to uphold the conviction but change the sentence to a lesser punishment. One judge disagreed with this change, believing that the jury should properly decide the length of the sentence without this modification. The strategy suggested by the dissenting judge was to keep the conviction and have the case sent back for proper sentencing instructions.

F-2007-102

Post author:Staff
Post published:May 16, 2008
Post category:F

In OCCA case No. F-2007-102, #Hightower appealed his conviction for #forcible oral sodomy, resisting arrest, and indecent exposure. In a (published) decision, the court decided #to reverse the conviction for indecent exposure and remand for a new trial, while affirming the other convictions. #One dissented. Corey Antwonne Hightower was found guilty of three crimes. The first crime was for forcible oral sodomy, the second was for resisting arrest, and the third was for indecent exposure. The jury decided that Hightower should spend a total of eleven years and eight months in prison for the first two crimes and three years for the third. Hightower's team argued that his convictions for forcible oral sodomy and indecent exposure should not both count because they were too similar. They also said that the indecent exposure charge was wrong since the act wasn’t mentioned in the original court documents, and he didn't get a fair chance to defend himself. Finally, they claimed the judge didn’t properly tell the jury how to use the evidence of other crimes during the trial. After looking closely at everything presented in the case, the court decided that it was not fair to convict Hightower for the indecent exposure. They found that the original case wasn’t clear about which incidents occurred when, especially since the indecent exposure was thought to have happened on a different date than the other crimes. The judges agreed that Hightower should have another chance to defend himself for the indecent exposure charge. However, they said that the convictions for forcible oral sodomy and resisting arrest would remain. The court's decision was important because it showed that everyone has the right to know exactly what they are being charged with and that they need a fair chance to defend themselves in court.

C-2007-968

Post author:Staff
Post published:May 15, 2008
Post category:C

In OCCA case No. C-2007-968, Aminu Inuwa appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In a published decision, the court decided that Inuwa was denied effective assistance of counsel because of an attorney-created conflict of interest. The decision was that his application to withdraw his guilty pleas was to be granted, and the case was sent back for a proper hearing on that application. One member of the court dissented.

F 2006-443

Post author:Staff
Post published:May 15, 2008
Post category:F

In OCCA case No. F 2006-443, Bill Neal Robison, II, appealed his conviction for causing an accident involving great bodily injury while driving under the influence of alcohol. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. A judge dissented. Robison was found guilty in a trial that took place in Oklahoma County. The jury decided he should serve five years in prison and pay a fine of $5000. He appealed on two main points. First, he argued that the results of a blood test from the hospital should not have been used against him in court. Second, he claimed that his lawyer did not represent him properly. The court looked closely at Robison's first point and agreed that the blood test should not have been included as evidence. The test was done for medical reasons, and the court noted that it was not one of the specific tests approved for measuring alcohol levels under the law. The treating doctor testified that Robison's blood alcohol level was very high, but because the test did not follow the right rules, it could not be trusted as evidence in the trial. Since this test result was important for the case, the court could not ignore the mistake, which led them to reverse his conviction. They decided that Robison should have a new trial where this evidence would not be used against him. The second argument about the lawyer's performance was not needed since the court ordered a new trial. The final decision meant that Robison would go back to court for a fresh trial without the improper blood test evidence. The judges' opinions on the new trial varied, with one judge expressing disagreement with reversing the conviction based on the blood test's results.

J-2008-02

Post author:Staff
Post published:May 6, 2008
Post category:J

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.

F-2007-381

Post author:Staff
Post published:May 5, 2008
Post category:F

In OCCA case No. F-2007-381, the appellant appealed his conviction for child sexual abuse, lewd or indecent proposals, and forcible oral sodomy. In an unpublished decision, the court decided to reverse and remand count two while affirming the remaining counts. One judge dissented. Brandon Donell Harris was found guilty of the three offenses in the District Court of Oklahoma County and was given a total of 21 years in prison to serve consecutively. He argued that the state did not provide enough evidence to prove he committed the sexual abuse of a child, that he was wrongfully convicted of lewd acts, that there were issues with the prosecutors' conduct, and that improper comments were made by the trial court during jury selection. The court looked at the evidence and felt that enough was presented to support the sexual abuse conviction, so they upheld that verdict. However, they found that the second count concerning lewd acts required that the child witness the acts, which did not happen in this case. Therefore, they reversed that conviction and instructed for it to be dismissed, while keeping the other convictions intact. For the claims of prosecutorial misconduct and improper trial comments, the court noted that there were no objections made during the trial, so they reviewed these for plain error. They determined that the prosecutor's comments did not significantly impact Harris's right to a fair trial, nor did the trial court's remarks affect the jury's decision. In conclusion, the court reversed the conviction for the lewd acts while affirming the other two convictions and decided that Harris should not be retried on the lewd acts charge. One judge disagreed with the decision to reverse count two, believing the evidence was sufficient to support all charges.

M-2006-1334

Post author:Staff
Post published:May 4, 2008
Post category:M

In OCCA case No. M-2006-1334, Michael David Williams appealed his conviction for misdemeanor Domestic Abuse. In a published decision, the court decided to affirm his conviction for one count but reversed the other, instructing that charge be dismissed. One member of the court dissented. Michael David Williams was charged with two counts of misdemeanor Domestic Abuse after incidents involving his wife. After a jury trial, he was found guilty and sentenced to one year in jail and a $1,000 fine for both counts, though one fine was not imposed. Williams claimed errors in the trial regarding witness statements, insufficient evidence for his conviction, and misconduct by the prosecution. During the trial, Williams' wife testified that no abuse had occurred and that injuries she had were due to a fight with her aunt and an accident. However, earlier police statements made by her during investigations indicated otherwise. Williams argued the trial court should not have allowed these statements without proper instruction on how the jury could use them. The court noted that it could allow witness statements to be used for impeachment purposes, even if the witness didn't fully recall making them. However, the court found that the jury might have been misled about how to use those statements in one of the cases, leading to confusion regarding the evidence of guilt. The court affirmed Williams' conviction for the first case, where there was a lot of strong evidence against him, including police testimony and photographs of the scene. However, for the second case, the court ruled that the evidence presented was not enough to prove guilt beyond a reasonable doubt. They decided to reverse this conviction and ordered it to be dismissed. In conclusion, the court upheld the conviction for the first incident but reversed the second due to insufficient evidence and errors in how the trial was conducted.

S-2007-779

Post author:Staff
Post published:May 1, 2008
Post category:S

In OCCA case No. S-2007-779, Wilma Fay Jackson appealed her conviction for eighty-four felony counts and two misdemeanor counts of Obtaining Money by False Pretenses. In a published decision, the court decided to affirm the lower court's dismissal of the case. One judge dissented. The case began when Jackson was charged with serious offenses for falsely representing herself as a licensed practical nurse (LPN) and receiving payments for work she did under that title. However, the district court found that there wasn't enough evidence to support the claims against her and dismissed the charges. The state then appealed this decision, claiming that the district court made a mistake in its ruling. The court looked closely at the evidence and the laws involved. They determined that the district court had correctly dismissed the charges because the state did not prove that Jackson had committed the crime as charged. The court pointed out that a key part of the crime was missing—a false representation that resulted in getting something of value without giving anything in return. The district court had ruled that the state did not show enough proof that Jackson had committed fraud. In the dissenting opinion, one judge expressed a different view. This judge believed that even though Jackson had worked at the nursing home, she had misrepresented her qualifications. The judge argued that the nursing home had been tricked into paying her as if she was a licensed nurse and that this should matter legally. The dissenting opinion felt that Jackson's actions deprived the nursing home of the services they expected. In conclusion, the appeal did not change the outcome, and the district court's dismissal of the charges against Jackson was upheld.

F-2007-165

Post author:Staff
Post published:April 29, 2008
Post category:F

In OCCA case No. F-2007-165, the appellant appealed his conviction for Child Sexual Abuse and Child Abuse. In an unpublished decision, the court decided that while the appellant's argument about multiple punishments was not needed for reversing the conviction, the sentences had to be modified to run concurrently. One judge disagreed with the decision to modify the sentences.

S-2007-885

Post author:Staff
Post published:April 29, 2008
Post category:S

In OCCA case No. S-2007-885, the defendant appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to affirm the earlier decisions made by the lower courts. One judge dissented. The case started in the District Court of Tulsa County, where the defendant was accused of not registering as a sex offender. After looking at the evidence presented by the state, the special judge decided there was not enough evidence to go to trial. The state didn't agree and decided to appeal this decision, claiming that the lower courts made errors in their judgments. The main points raised in the appeal included whether there was enough evidence to charge the defendant, if the defense of being homeless should be considered, and if homelessness could excuse the defendant from registering as a sex offender. After listening to arguments and reviewing all the evidence and decisions made previously, the court found that the lower courts did not make mistakes. The judges agreed that there was not enough evidence to hold the defendant for trial and that the reasons given by the lower courts were valid. As a result, the court upheld the decisions of the lower judges and ruled that the defendant would not be tried for the charges brought against him. The final orders from the lower courts were affirmed, meaning that the case was closed without any changes.

F-2006-905

Post author:Staff
Post published:April 10, 2008
Post category:F

In OCCA case No. F-2006-905, Curtis Dale Gibson appealed his conviction for First Degree Rape, After Former Conviction of Two Felonies. In a published decision, the court decided to affirm the judgment of conviction but vacate the sentence and remand for resentencing. One judge dissented. Gibson was tried by a jury in Jackson County and found guilty of raping a victim. The jury sentenced him to thirty years in prison. Gibson raised several issues in his appeal, including whether he received a fair trial, due to certain evidence being allowed and comments made by the prosecutor. He also argued that he should have received an instruction about parole eligibility and that his prior suspended sentence for another crime should not have been discussed during the trial. The court looked at each point raised by Gibson. It found that the statements from the victim's sister, which claimed she had also been a victim of Gibson, were not hearsay and were admitted correctly. The prosecutor's comments during the trial were not seen as causing enough harm to reverse the decision. However, the court agreed that the jury should have been informed about the 85% rule regarding when Gibson could be eligible for parole, which was considered a mistake. As a result, the court affirmed Gibson's guilty verdict but changed his sentence, ordering that he be resentenced on account of this issue. The judges involved reached various conclusions, with one judge expressing disagreement with the decision to remand for resentencing.

C-2007-717

Post author:Staff
Post published:March 31, 2008
Post category:C

In OCCA case No. C-2007-717, Inez Lee Shaw appealed her conviction for multiple counts of knowingly concealing stolen property and possession of firearms after conviction. In an unpublished decision, the court decided to modify Shaw's sentence for one of the counts from ten years to five years but affirmed the judgments and sentences in all other respects. One judge dissented.

F-2007-1162

Post author:Staff
Post published:March 28, 2008
Post category:F

In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.

F-2006-1339

Post author:Staff
Post published:March 27, 2008
Post category:F

In OCCA case No. F-2006-1339, Robert Larue Jones appealed his conviction for robbery with a dangerous weapon after being previously convicted of two or more felonies. In an unpublished decision, the court decided that Jones's conviction should be reversed and that a retrial should take place with proper instructions. One judge dissented from this decision. Jones was found guilty by a jury and was sentenced to fifty years in prison. He raised several issues on appeal, including whether the evidence was enough to support his conviction, if the jury was properly instructed on his alibi defense, and if his sentence was too harsh. The court determined that the trial court made an error by refusing to allow Jones to offer an alibi defense. It was concluded that he should have been given an instruction regarding this defense because he presented enough evidence to support it. The court noted that the law states a defense should be given when there is sufficient evidence for the jury to consider. Due to the lack of an alibi instruction during the trial, the court found that this mistake was significant enough to require a new trial, where Jones could properly present his defense. The court reversed the previous judgment and ordered a new trial with the right legal instructions provided to the jury. The dissenting opinion argued that the trial court was correct in its decision and that any error in not giving the alibi instruction was not harmful to the overall case.

RE-2006-1322

Post author:Staff
Post published:March 18, 2008
Post category:RE

In OCCA case No. RE-2006-1322, a person appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to reverse the District Court's revocation of his suspended sentence and instructed the District Court to vacate the sentence imposed. One judge dissented. The case began when the person entered a guilty plea in 2001 for First Degree Rape. He was originally sentenced to seven years in prison, with three years served and the rest suspended, meaning he would be on probation under certain conditions. In 2006, the state filed a motion to revoke his suspended sentence because he did not register as a sex offender, did not pay his probation fees, and did not pay fines. After a hearing, the court revoked his suspended sentence entirely. The person argued that his sentence was illegal because he was treated as a youthful offender, which is for younger people who commit crimes. He maintained that he should not have been sent to an adult prison. The court found that he had been correctly charged as a youthful offender and that the state did not follow proper procedures to change his status. The court also ruled that the lower court committed an error by sentencing him as an adult instead of as a youthful offender, which was against the law. Since he was now older, they could not send him back for new sentencing as a youthful offender, and the original sentence needed to be canceled. In summary, the appellate court acted to correct the mistakes made in the original sentencing, showing that legal procedures must be followed when sentencing individuals, especially those classified as youthful offenders.

C-2007-829

Post author:Staff
Post published:March 13, 2008
Post category:C

In OCCA case No. C-2007-829, Jeffery L. Jinks appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. To explain a bit more: Jeffery Jinks pleaded guilty to the crime of Child Sexual Abuse in a district court. The judge accepted his plea and wanted a report to see what his sentence should be. Before he was sentenced, Jinks wanted to take back his plea but the court said no. During his sentencing, he was given a very long sentence of 35 years in prison, with most of that being suspended. This means that he would only serve part of the sentence unless he did something wrong again. Jinks then asked again to take back his plea after the sentencing, but once more the district court said no. After appealing, the court looked at a few important questions: If Jinks really understood what pleading guilty meant, if it was fair for him to be charged as he was, and if his sentence was too harsh. The court decided that Jinks understood his plea and that it was not unfair for him to be charged under the law. However, they did think his sentence was too harsh given his background and decided to change it from 35 years to 20 years in prison, reducing the time he would actually have to serve. So, overall, the court agreed Jinks did something wrong and upheld his conviction but thought the punishment needed to be lighter.

S-2007-31

Post author:Staff
Post published:March 7, 2008
Post category:S

In OCCA case No. S-2007-31, Riccardo Gino Ferrante appealed his conviction for violating Oklahoma's Peeping Tom statute. In an unpublished decision, the court decided to affirm the district court's order that granted the defendant's motion to quash the charges. One judge dissented. The facts of the case began when Mr. Ferrante was charged with taking inappropriate photographs of a woman in a store without her permission. The law he was charged under says that it is not allowed to use cameras to secretly take pictures of someone in places where they have a reasonable expectation of privacy, like dressing rooms or restrooms. The key issue in this case was whether the woman had a reasonable expectation of privacy when she was in the store. The district court decided that the law did not apply in this situation because the store was not a place where the woman could expect privacy. The State of Oklahoma disagreed and appealed the decision. However, the court agreed with the lower court's analysis, saying that the law is clear and does not include what the defendant did. They explained that they cannot expand the law beyond its clear meaning. Ultimately, the higher court upheld the lower court's decision to dismiss the case against Ferrante, saying the action he took was not against the law as written. One judge felt strongly that this decision was wrong and pointed out that when someone dresses modestly, they expect their covered body to remain private. This dissent illustrates the concern about privacy rights for individuals in public spaces.

F-2006-1086

Post author:Staff
Post published:February 25, 2008
Post category:F

In OCCA case No. F-2006-1086, Anthony Paul Free appealed his conviction for Lewd Molestation. In a published decision, the court decided to reverse and remand for a new trial. One judge dissented. Free was found guilty of Lewd Molestation after an incident on December 10, 2005, involving a seven-year-old girl. The girl's aunt saw Free touching her inappropriately. During the trial, the State introduced evidence of Free's prior sexual offenses from twenty years earlier, which Free objected to. He argued that this evidence was unfair and did not relate to the current case. The court ultimately found that the past offenses had no clear connection to the current charges. They determined that using this older evidence was likely to prejudice the jury against Free, which isn't allowed. As a result, the trial court's decision to admit this evidence was seen as a substantial violation of Free's rights, leading the court to reverse the previous conviction and call for a new trial.

M-2005-375

Post author:Staff
Post published:February 22, 2008
Post category:M

In OCCA case No. M-2005-375, the appellant appealed his conviction for Reckless Driving, Leaving the Scene of an Accident, Failing to Register a Vehicle, and Failing to Carry Security Verification. In a published decision, the court decided to reverse the convictions for Reckless Driving, Leaving the Scene of an Accident, and Failing to Carry valid Security Verification and remand for a new trial. The conviction for Failing to Register a Vehicle was also reversed with instructions to dismiss. One judge dissented. The case involves an appellant who was convicted after a jury trial in Love County. He was sentenced to a total of over two years in prison and ordered to pay restitution for damages. Appellant raised several issues on appeal, primarily arguing that the trial court made mistakes during the trial, including allowing improper questioning about a previously withdrawn guilty plea and imposing an illegal punishment. The trial started with the appellant being arrested for multiple offenses related to driving and vehicle registration. At first, he agreed to plead guilty but decided to withdraw that plea after getting legal help. During his trial, the prosecution wrongly questioned him about that guilty plea, which was acknowledged as an error by both sides. This error was seen as significant enough to potentially affect the jury's decision, therefore, the court believed a new trial was necessary. For the offense of Failing to Register a Vehicle, the court found that the punishment given was not within the law's limits. Furthermore, the state agreed that the appellant should not have been charged under Oklahoma law since the vehicle was bought out of state. Thus, the conviction for this offense was also overturned. In conclusion, the court acted to protect the fairness of the trial process by ordering new trials for some convictions and dismissing others. The decision addressed important legal standards and ensured that justice was served correctly.

SR-2007-134

Post author:Staff
Post published:February 21, 2008
Post category:SR

In OCCA case No. SR-2007-134, Patricia Campbell appealed her conviction for Second Degree Felony Murder. In an unpublished decision, the court decided that the trial court properly sustained the demurrer to the evidence, meaning it found the evidence insufficient to support the charge of Child Neglect. The court also ruled that the trial court had the authority to allow Campbell to plead to the lesser crime of Second Degree Manslaughter. No judge dissented in this opinion.

C-2007-50

Post author:Staff
Post published:February 14, 2008
Post category:C

In OCCA case No. C-2007-50, the petitioner appealed his conviction for unlawful possession of a handgun. In an unpublished decision, the court decided to remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented. The petitioner was originally charged in the Oklahoma County District Court with unlawful possession of a handgun based on previous felony convictions. He pleaded guilty to these charges and was sentenced to ten years in prison for each case. These sentences were set to run at the same time, which is known as concurrently. Later, the petitioner asked to withdraw his guilty plea. He believed he did not receive proper legal help during the hearing for this request because his lawyer had a conflict of interest. This means that the lawyer might have been more focused on their own issues instead of helping the petitioner. Even though the petitioner did not raise the problem of the conflict during the hearing, the court found that the situation affected the performance of his lawyer. Because of this, the court decided that the petitioner had been denied his right to effective legal assistance. The court granted the petition for writ of certiorari, which is a formal request to review the decision, and sent the case back to the district court for a new hearing. At this new hearing, the petitioner will have the chance to be represented by a lawyer who does not have a conflict of interest.

C-2007-554

Post author:Staff
Post published:February 13, 2008
Post category:C

In OCCA case No. C-2007-554, Aaron Perry Hampton appealed his conviction for burglary in the first degree and other charges. In an unpublished decision, the court decided to deny the appeal and affirmed most aspects of the lower court's decision, but also instructed the lower court to correct some clerical errors. One judge dissenting. Hampton had pleaded guilty to multiple charges, including burglary and assault, and was sentenced to a total of 35 years in prison. He later tried to withdraw his pleas, claiming that he did not understand what he was doing when he entered them and that the sentences were too harsh. The court found that he had been mentally competent and was aware of his actions when he pleaded guilty. They determined the sentences were appropriate for the crimes he committed. However, they agreed that there were mistakes in the official paperwork regarding the sentences and case numbers, so they sent the case back to the lower court to fix those errors while keeping the original sentences in place.

F-2006-1168

Post author:Staff
Post published:February 6, 2008
Post category:F

In OCCA case No. F-2006-1168, Steven Allen Flynn, Jr. appealed his conviction for Second-Degree Felony Murder, Concealing Stolen Property, Possession of a Controlled Dangerous Substance (Methamphetamine), Possession of a Controlled Dangerous Substance (Marijuana), and Possession of Drug Paraphernalia. In a published decision, the court decided to affirm his convictions for Concealing Stolen Property, Possession of Methamphetamine, and Possession of Drug Paraphernalia. However, they modified his conviction for Second-Degree Felony Murder to First Degree Manslaughter While Driving Under the Influence and reduced his sentence to twenty years. The court also reversed the conviction for Possession of Marijuana with instructions to dismiss the case. One judge dissented.

RE 2007-0517

Post author:Staff
Post published:February 4, 2008
Post category:RE

In OCCA case No. RE 2007-0517, the appellant appealed his conviction for possession of a controlled dangerous substance with intent to distribute (cocaine). In a published decision, the court decided to affirm the revocation of the appellant's suspended sentences. The court also decided that the order must be corrected to reflect that one of the sentences was for five years, not ten years. One judge dissented in part, agreeing with the overall decision but raised concerns about the details of the sentencing.

M 2007-0118

Post author:Staff
Post published:February 3, 2008
Post category:M

In OCCA case No. M 2007-0118, the appellant appealed his conviction for public drunkenness. In an unpublished decision, the court decided to reverse the conviction and remand with instructions to dismiss. One judge dissented. Here’s a brief summary of what happened. The appellant was found guilty of public drunkenness after a bench trial in the Municipal Court of Oklahoma City. He was fined $69. The case began when the police received a noise complaint about the appellant's hotel suite, where he was hosting a group of kids for a football event. The kids had left earlier in the evening, and only a few adults remained. When the police arrived, they noted a strong smell of alcohol on the appellant. However, witnesses said they weren't drinking that night, including the appellant himself. During the trial, it was revealed that the appellant had a speech impediment, which may have been mistaken for drunkenness. Even though the police claimed the appellant was belligerent and had slurred speech, there was no strong evidence that he was actually intoxicated or causing any disturbance in a public place. The court found merit in the appellant's argument that there wasn't enough evidence to convict him of public intoxication. They concluded that he was not drunk while in a public area, as he was in a rented hotel suite at the time. Based on this, the court reversed the conviction and directed the lower court to dismiss the case.