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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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F-2004-198

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In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

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F-2003-1278

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In OCCA case No. F-2003-1278, James Lorenzo Devers appealed his conviction for Inducing a Minor to Engage in Prostitution and Indecent Proposal to a Child. In an unpublished decision, the court decided to affirm the convictions with some modifications. One judge dissented. Devers was tried in Tulsa County and found guilty of multiple charges involving sexual misconduct with teenage boys. The jury sentenced him to life imprisonment with fines after considering testimonies from three victims who claimed Devers offered them money to perform sexual acts. Despite some conflicting details regarding the timing of his proposal, the evidence against Devers was strong, including his own confession about some of the offenses. The appeal included several arguments. One claim was about the trial court's decision not to separate the charges for trial. The court maintained that the offenses were connected and reflected a consistent pattern of behavior, justifying their joint consideration. The court found no prejudice in trying the counts together. Devers also argued the jury was given incorrect instructions regarding the punishment for his indecent proposal charge. However, the court noted that the error did not change the outcome since he would have received the same sentence even under the correct guideline. Another point of appeal was regarding whether the jury was informed about parole eligibility. The court ruled the instructions were appropriate since the charges in question did not include those that required serving a certain percentage of the sentence before being eligible for parole. The court acknowledged that there was a mixing of punishment provisions in the instructions but decided any fines would be adjusted because of that error. Ultimately, after reviewing all claims, the court upheld the convictions but modified the fine amount for Devers' offenses. The judgment was affirmed with modifications, while one judge expressed disagreement with some aspects of the decision.

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F-2004-184

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In OCCA case No. F-2004-184, Kenneth Kelmer Jackson appealed his conviction for Accessory After the Fact to First-Degree Murder and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the conviction for Accessory After the Fact but reversed the conviction for Knowingly Concealing Stolen Property with instructions to dismiss that charge. One judge dissented. Kenneth was found guilty of helping someone after a murder had taken place and for hiding stolen items. The jury said he should go to prison for 14 years for the murder accessory charge and 5 years for the second charge, which would be served one after the other. On appeal, Kenneth argued that he should not be punished for both crimes since they came from the same act. The court agreed with him on this point and reversed the second conviction. Though they looked at his other claims about the trial not being fair, they decided they did not change the outcome of the case. In the end, the court said he could remain guilty of being an accessory to murder, but the charge regarding hiding stolen property was removed. One judge disagreed with part of this decision.

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C 2004-69

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In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.

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F-2003-772

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In OCCA case No. F-2003-772, Amy Marie Flippence appealed her conviction for multiple charges, including conspiracy to manufacture methamphetamine and child endangerment. In an unpublished decision, the court decided to affirm some charges but reversed one conviction for possession of a precursor and also reversed the child endangerment convictions, ordering them to be dismissed. One judge dissented regarding the conspiracy conviction.

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F 2003-1163

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In OCCA case No. F 2003-1163, Christopher Ray Murphy appealed his conviction for four counts of indecent or lewd acts with a child under sixteen. In an unpublished decision, the court decided to affirm the convictions, but modified the sentences to run concurrently instead of consecutively. One judge dissented.

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F-2003-1261

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In OCCA case No. F-2003-1261, Ronnie Odell Gargus appealed his conviction for Rape by Instrumentation, five counts of Sodomy, and Lewd Acts with a Child. In an unpublished decision, the court decided to affirm Gargus' convictions and sentences. One judge dissented. The case involved a jury trial where Gargus was found guilty of serious sexual offenses against a child. The jury decided on lengthy prison sentences for each count, totaling a significant amount of time in prison. Gargus raised two main points in his appeal. First, he argued that he should have been allowed to ask the State's expert witness about any bias in his testimony against Gargus. The court acknowledged that usually, a witness cannot be questioned about their past arrests if there was no conviction. However, the court agreed that there are times when it is important to explore a witness’s potential bias, especially if the witness has pending criminal issues. Despite this, the court found that excluding the questioning about the expert's bias did not change the outcome of the case since there was also strong evidence against Gargus, including the child’s own credible testimony. Second, Gargus claimed he was not properly informed before the court ordered him to pay restitution to the victim. The court noted that Gargus did not raise this issue during the trial. However, they agreed that the amount of restitution was not clearly supported by evidence, and that needed to be corrected. The court ordered a new hearing to determine the correct amount that Gargus should pay. Overall, the court upheld the convictions and long sentences but recognized that some legal issues concerning restitution needed further attention. They will have a new hearing to ensure the restitution amount is fair and based on proper evidence.

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F-2003-1266

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In OCCA case No. F-2003-1266, James Michael Hudson appealed his conviction for multiple crimes, including manufacturing methamphetamine and unlawful possession of a firearm. In a published decision, the court decided to affirm his convictions but modified his sentences to be served concurrently rather than consecutively. One judge dissented on the sentencing issue. Hudson was found guilty of five charges related to drug manufacturing and possession, among others. He was sentenced to a total of over twenty years in prison, which he appealed, arguing that some of his convictions should not stand, and that he did not receive fair treatment during his trial. The court reviewed his claims one by one. They found that the law allowed him to be convicted for both manufacturing and possessing methamphetamine. The search of his home, which was supposed to be within the law, was ruled proper. It was also concluded that Hudson’s statements to police were made without pressure, which meant they were valid as evidence. When looking at the amount of evidence presented at trial, the court determined there was enough for the jury to find him guilty of all counts. They acknowledged that Hudson’s attorney made a mistake by not asking for a new judge who had shown bias against Hudson in a public statement. However, the court believed this did not affect the jury’s decision regarding guilt. Regarding the issue of whether evidence of other crimes should be admitted, the court decided the evidence was related to the charges against Hudson and was rightfully included in the trial. In conclusion, while Hudson's convictions were upheld, the court changed his sentences to be served at the same time, which means he would spend less time in prison overall. The judges agreed on most points, but one judge had a different opinion about the sentencing.

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F 2003-816

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In OCCA case No. F 2003-816, John Carl Fike appealed his conviction for possession of cocaine, possession of methamphetamine, and possession of marijuana. In a published decision, the court decided that his conviction for possession of methamphetamine should be reversed and dismissed, but the convictions for possession of cocaine and marijuana were upheld. One member of the court dissented. John Carl Fike was tried and found guilty by a jury for having cocaine, methamphetamine, and marijuana. He was sentenced to five years in prison for cocaine and methamphetamine, with fines, and six months in jail for marijuana, also with a fine. Fike argued that the roadblock where he was stopped was not legal, that he was held unlawfully, and that evidence against him was not properly handled. He also felt his punishments were too harsh and there were multiple errors during his trial that made it unfair. The court looked at these claims. They determined that the roadblock was done correctly. They said that Fike was not held unlawfully and that the evidence was accepted correctly, so those claims didn't change the outcome. However, they found that Fike could not be punished for both cocaine and methamphetamine under the law, which is called double jeopardy. So, they reversed the conviction for methamphetamine. The other sentences were deemed acceptable by the court, which also said he was treated fairly in regards to his trial. Overall, the court upheld the convictions for possession of cocaine and marijuana but ended the conviction for methamphetamine. One judge disagreed with this decision, believing that the stop and search of Fike were not done properly.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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C-2003-1382

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In OCCA case No. C-2003-1382, Ronyell Lamar Shelton appealed his conviction for multiple crimes including Conspiracy to Commit a Felony, Robbery with a Firearm, Knowingly Concealing Stolen Property, and Unlawful Possession of a Firearm. In a published decision, the court decided to affirm the convictions for conspiracy, robbery, and unlawful possession of a firearm but reversed the conviction for one count of concealing stolen property, allowing Shelton to withdraw his plea for another count of this crime. One judge dissented regarding the reversal of the concealing stolen property charges, stating that both charges were valid.

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F-2003-802

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In OCCA case No. F-2003-802, the appellant appealed his conviction for multiple serious crimes against minors. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One member of the court dissented regarding the sentences. The appellant was found guilty of many crimes, including possession of obscene material involving minors and various forms of sexual assault and exploitation. The jury decided on significant punishments, including life imprisonment for some counts and substantial fines. The sentences were ordered to run one after the other, meaning the appellant would serve a long time in prison without the chance to have some time overlap. The appellant raised several issues during the appeal. He argued that his trial was unfair for various reasons, such as hearsay evidence being allowed and prejudicial comments from the prosecutor. He also claimed that he was charged with crimes that were not consistent with the law at the time of the offenses, notably regarding the sexual exploitation charge. The court evaluated each point raised by the appellant. They found that while there were errors in how the trial was handled, not all of them affected the final outcome significantly. Some errors were considered harmless or did not warrant a change in the verdict. The court agreed that some charges were problematic, particularly that of sexual exploitation, which the court decided to reverse and dismiss. The court concluded that the appellant's conviction for the possession charge should reflect a different statute and that some sentences exceeded legal limits. The court modified these sentences appropriately and affirmed most of the other convictions. One judge did not agree with the decision to have all sentences run consecutively and believed they should run together instead, which would allow for a potentially shorter total time in prison. This disagreement highlights the differing opinions within the court regarding the severity and application of sentences. In summary, the case involved serious crimes with significant legal discussion around the fairness of the trial and the appropriateness of the resulting sentences.

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F 2003-959

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In OCCA case No. F 2003-959, Tomas DeLeon, III appealed his conviction for five counts of Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Tomas DeLeon, III was found guilty of crimes against children. A jury decided on the punishment for these crimes, saying he should go to prison for a total of about 14 years. He did not like the decision and asked the court to review it. He said that there were many mistakes made during his trial. First, DeLeon thought there wasn’t enough evidence to support one of the counts against him. He also said that his lawyer didn’t help him well. His lawyer didn’t try to cancel one of the charges, didn’t argue well during the trial, and didn’t use some evidence that could help DeLeon. DeLeon also complained that the people who were trying to prove he was guilty acted in a way that unfairly influenced the jury during their closing statements. He felt it wasn’t fair because they talked about other bad things he had done in the past. DeLeon argued that the judge didn’t make sure everything was recorded properly for his appeal, which hurt his rights. Then, he mentioned that the judge said he could not earn “good time,” which is a way prisoners can reduce their sentences for good behavior. Finally, he believed there wasn’t enough evidence to prove he did the bad things they said he did. He thought the errors and problems during the trial were so strong that the court should either take away his convictions or lessen his punishments. After looking closely at everything, the court decided that the convictions should stay as they were. They found that DeLeon hadn’t shown enough proof that his lawyer made big mistakes. They felt that the choices made during his trial didn’t create any serious unfairness. However, they did agree that the judge made a mistake by saying DeLeon could not earn “good time.” They ordered that this part of the decision should be removed from his sentence. But overall, the court upheld the jury's decision, meaning DeLeon will still go to prison for the crimes he was convicted of.

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F-2003-1136

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In OCCA case No. F-2003-1136, Ernest Lynn appealed his conviction for Possession of Firearms After Conviction of a Felony. In an unpublished decision, the court decided to remand the matter for further proceedings. One judge dissented. Lynn had been tried in a bench trial, where he was not found guilty of Feloniously Pointing a Firearm but was convicted on another charge. He received a one-year prison sentence. Lynn argued that the trial court was wrong to convict him based on facts not presented in the original charges and that self-defense was not properly considered. He also contended that the gun found in a warrantless search should not have been used against him. The court looked at the record and saw that there was no big mistake in how the charge was presented, as Lynn admitted to having the gun. They did not agree with Lynn's claim that his mother's consent to the search was not voluntary, stating that he had no right to challenge the search. Therefore, they found no fault in how the trial court handled the case. Lynn further argued that he should be able to use self-defense as a reason for possessing the firearm. He wanted the court to allow a justification defense where a person can temporarily take a gun from an attacker to protect themselves. The court noted that other laws allow people to defend themselves, and it seemed unfair that a convicted felon could not defend their life. In the end, while the court could not change the outcome of the bench trial immediately, they remanded the case back to the district court to look at whether Lynn's self-defense claim could be valid in this situation. Thus, more hearings would be needed to determine the facts and make a final decision.

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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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F 2004-1127

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In OCCA case No. F 2004-1127, Charles Clarence Tiger appealed his conviction for multiple charges, including conspiracy to commit a felony and several burglaries. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented on the reversal of the conspiracy conviction. Tiger faced a jury trial where he was found guilty of numerous crimes, including conspiracy to commit burglary, and was sentenced to serve a long time in prison. He later appealed, arguing several points, including that he didn't get a fair and speedy trial, that his lawyer didn't help him properly, and that he was punished too harshly for his crimes. The court reviewed these claims carefully. They agreed that Tiger's right to a speedy trial was not violated and that his lawyer did provide effective legal help. However, they found that two of the charges against him conflicted with each other. They decided that being punished for both burglary and robbery from the same incident was not right, so they reversed the burglary charge related to that. Additionally, the court felt there wasn't enough evidence to support Tiger's conspiracy charge, so that one was also reversed. While some of Tiger's arguments were accepted, others were rejected. The judges agreed that the remaining charges that stayed upheld were fair and within legal limits, meaning he would still have to serve his time for them. In summary, the court decided to dismiss two of the charges and keep the others, showing that while some of Tiger's claims were valid, many were not. One judge disagreed with the court's choice to dismiss the conspiracy charge, believing there was enough proof to uphold it.

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F-2003-1252

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In OCCA case No. F-2003-1252, Reed appealed his conviction for possession of a firearm after a former felony conviction. In a published decision, the court decided to affirm the conviction but modify the sentence from life imprisonment to twenty years. One judge dissented. Reed faced charges including first-degree murder and possession of a firearm, but the jury could not agree on the murder charge, leading to a mistrial for that count. The state decided not to pursue one of the firearm charges. The jury convicted Reed on the remaining firearm possession charge and recommended a life sentence. On appeal, Reed argued that the trial court made a mistake by not declaring a mistrial for each charge after the jury couldn't reach a verdict on the murder. He believed his life sentence was excessive and went against the Constitution. The court reviewed the facts and concluded that the trial court acted within its rights when it denied Reed's request for a mistrial. However, they found that a life sentence for the firearm possession was too harsh under the circumstances. As a result, they changed Reed's sentence to twenty years in prison instead of life. The final decision was to keep Reed's conviction, but to lessen his punishment.

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F-2003-717

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In OCCA case No. F-2003-717, Paul Delmer Morgan appealed his conviction for Distribution of a Controlled Dangerous Substance (Cocaine). In an unpublished decision, the court decided to affirm Morgan's conviction but modified his sentence. One judge dissented. Morgan was found guilty and sentenced to life in prison and a $100,000 fine. He challenged his conviction by claiming there were six main problems with the trial. First, he argued that there was evidence shown to the jury about other crimes he committed, which he felt was unfair. Second, he said the judge should have told the jury how to use statements from a witness who had changed his story. Third, he thought the judge did not properly warn the jury about trusting the informant’s testimony. Fourth, he believed the fine he received was too high because of how the judge gave instructions to the jury. Fifth, Morgan thought that his sentence was too harsh. Lastly, he claimed that taken together, these errors made it impossible for him to have a fair trial. After reviewing everything, the court found that the evidence about the other crimes was closely connected to his current case, so it could be allowed. They also noted that Morgan did not object to it during the trial, which meant he could not easily argue against it now. Regarding the witness’s inconsistent statements, the court agreed that the judge should have explained this to the jury, but they ruled that it did not hurt Morgan's case. The informant's testimony was supported by other evidence, so the lack of instruction on that wasn't a problem. They also decided that the fine imposed on Morgan was too high. Instead of $100,000, they lowered it to the maximum allowed by law, which was $10,000. Finally, the court felt that a life sentence for selling a small amount of cocaine was too extreme, even with Morgan’s prior criminal record. They changed his sentence to 20 years in prison instead. In conclusion, while the court confirmed Morgan's conviction, they modified his sentence to 20 years and a $10,000 fine. However, one judge disagreed with modifying the sentence, believing that the jury had made the right decision based on the evidence they had.

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C 2002-1543

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In OCCA case No. C 2002-1543, Jeffrey Ellis Barnett appealed his conviction for second-degree rape. In an unpublished decision, the court decided to grant his petition for a writ of certiorari. One judge dissented. Barnett had pleaded guilty to second-degree rape in McClain County. He was then sentenced to ten years in prison, with five years of that sentence suspended according to a plea agreement. Later, Barnett wanted to withdraw his guilty plea and filed his own petition to get a new trial. The court looked at this as a motion to withdraw the guilty plea but denied his request. Barnett believed he was not helped properly by his lawyer when he tried to withdraw his guilty plea, which he said was against his right to have legal help. After reviewing the case and comparing it to a similar case from 1995, the court accepted his argument and agreed that he needed better legal representation to help him with withdrawing his plea. As a result, the court decided to send the case back to the trial court. They ordered that Barnett would have a hearing with a different lawyer to help him with his motion to withdraw the guilty plea.

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F-2004-63

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In OCCA case No. F-2004-63, Joshua Lee Masters appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm his conviction but remanded the case for resentencing and correction of the Judgment and Sentence. One judge dissented. Joshua Lee Masters was found guilty after a bench trial in Bryan County. He was sentenced to ten years in prison, with the last five years of his sentence suspended under probation conditions. He appealed his conviction, claiming that the evidence was not enough to prove he was guilty of Rape by Instrumentation. He argued that the victim was not unconscious of what was happening, and he was sentenced incorrectly under the penalty for First Degree Rape when his actions should have been classified as Second Degree Rape. The court carefully reviewed the case and the arguments made. They explained that Rape by Instrumentation happens when the victim does not understand what is happening, and the person committing the act knows about it. In this case, the victim was confused because she thought the attacker was someone else. The court agreed with this argument and found enough evidence for the conviction but noted a mistake in how the sentence was given. Since the State didn’t prove special circumstances needed for the higher First Degree Rape charge, the punishment range was incorrect. The court said this was a clear error. This meant the case needed to go back to the lower court to adjust the sentence so it matched the correct punishment for Second Degree Rape by Instrumentation. In summary, while Masters' conviction stood, the sentencing part was sent back for correction.

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F-2003-1316

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In OCCA case No. F-2003-1316, Jason Van Dusen appealed his conviction for Rape by Instrumentation and First Degree Rape. In a published decision, the court decided to affirm the judgments but modify the sentences to thirty years of imprisonment for each count, to be served one after the other. One judge dissented. Van Dusen was found guilty in Blaine County after a trial. The jury decided on the sentences based on what they heard during the trial. Van Dusen raised concerns about not having a fair sentencing because information was given about parole and the length of the sentences. He also claimed that the prosecutor acted in a way that was unfair, which made his trial not just. The court looked carefully at everything from the trial and the arguments made by both sides. They agreed that the prosecutor should not have mentioned parole in the closing arguments, which is why they decided to change Van Dusen's sentences from seventy-five years to thirty years for each count, making the total time to be sixty years. The judges felt that this was a fair adjustment, considering the improper comments made during the trial.

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F-2003-278

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In OCCA case No. F-2003-278, Carrol Gene Hightower appealed his conviction for cultivation of marijuana, possession of marijuana with intent to distribute, maintaining a dwelling house for keeping controlled drugs, and failure to display a stamp on a controlled drug. In an unpublished decision, the court decided to affirm most of the convictions and sentences but reversed and dismissed the conviction for possession with intent to distribute due to double punishment concerns. 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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F 2003-189

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In OCCA case No. F 2003-189, James Dean Meadows appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. James Dean Meadows was found guilty of First Degree Murder by a jury. The trial took place in Oklahoma City from February 10 to 18, 2003. The jury decided that he should spend life in prison for his crime. After being sentenced on February 21, 2003, Meadows appealed, bringing up five issues he believed were wrong with the trial. One of the key issues was about how his videotaped statement to the police was collected. Meadows argued that the police violated his rights by not properly informing him of his right to remain silent before they questioned him. He claimed that he was not voluntarily giving his statement, as he was taken from his home by police with guns drawn, and they did not tell him he was under arrest at the time. The police later interviewed him at their station, where they pressured him to admit his involvement in the crime. The court found that Meadows was indeed not free to leave when the police took him from his home, which meant that he was effectively under arrest without being formally informed. Because of this illegal seizure, the court ruled that his confession to the police could not be used as evidence against him. The court stated that such a confession was obtained without the rights requiring a formal warning being given to Meadows. Since the court decided that Meadow's confession was not admissible, the judgment against him was reversed, meaning he would have to be tried again. Because of this decision, the other issues raised in the appeal were not considered. In summary, the court determined that James Dean Meadows should have a new trial because the way the police obtained his confession was illegal and violated his rights.

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