Abuse of Discretion Archives - Page 12 of 14

F-2007-767

Post author:Staff
Post published:September 3, 2008
Post category:F

In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

S-2007-668

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

In OCCA case No. S-2007-668, the defendant appealed his conviction for Second Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm the district court's ruling that the defendant was denied his right to a speedy trial. One judge dissented.

S-2008-53

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

In OCCA case No. S-2008-53, the State of Oklahoma appealed the conviction for Child Abuse. In an unpublished decision, the court decided to affirm the earlier decisions, meaning they upheld the conclusion that there was not enough evidence to proceed with the trial against the defendant. One judge dissented in this case. The case was about a parent who was accused of child abuse after leaving her two children in a vehicle while she became unconscious. The court looked at whether the parent’s actions met the legal definition of child abuse. A special judge had already decided there wasn’t enough evidence to charge her, and when the State appealed that decision, the district judge agreed. When the case reached the Oklahoma Court of Criminal Appeals, the justices reviewed the earlier decisions. They listened to arguments from both sides and looked closely at the facts. They saw that the earlier judges had acted reasonably and hadn’t made any mistakes that would change the outcome. Therefore, they decided to keep the original ruling, which meant that the parent wouldn’t have to face trial for the charges brought against her.

F-2007-432

Post author:Staff
Post published:June 17, 2008
Post category:F

In OCCA case No. F-2007-432, Keyion Kaseen Terry appealed his conviction for Possession of Controlled Drug in Jail (marijuana). In an unpublished decision, the court decided to reverse and dismiss Terry’s conviction due to jurisdictional issues related to a motion to quash that had been granted by the trial court, which indicated insufficient evidence to proceed with that charge. One member of the court dissented, expressing frustration over the outcome and arguing that the trial court should have retained the ability to reinstate the charge since the original ruling to quash was seen as erroneous.

RE-2006-1312

Post author:Staff
Post published:June 5, 2008
Post category:RE

In OCCA case No. RE-2006-1312, Ronnie Ray Shelton appealed his conviction for Robbery by Force. In a published decision, the court decided to affirm the revocation of Shelton's suspended sentence. One member of the court dissented. Here is what happened: Shelton had been sentenced to ten years in prison for robbing someone, but he only had to serve three years if he followed the rules of his probation. However, on July 3, 2006, the State of Oklahoma said he broke the rules by committing new crimes, including Domestic Assault and Battery, Possession of a Controlled Substance, and Unlawful Possession of Drug Paraphernalia. A hearing took place on December 18, 2006, where Shelton had a lawyer. The judge said Shelton did violate his probation by committing Domestic Assault and Battery, which led to the decision to take away his suspended sentence completely. Shelton was not happy with this decision and decided to appeal it. In court, the judges reviewed if the decision to revoke Shelton's sentence was fair. They explained that to revoke a suspended sentence, there only needs to be enough evidence showing he broke the rules. They found enough evidence that Shelton did commit the necessary crime. The judges decided that taking away Shelton's suspended sentence was the right choice and there was no abuse of discretion in the judge's decision. However, they noted that there was a mistake in the paperwork regarding how long Shelton's sentence was supposed to be. The court said this mistake should be corrected to show his correct sentence. Ultimately, they agreed with the lower court's decision to revoke Shelton's sentence but ordered them to fix the error in the paperwork.

F-2007-346

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

In OCCA case No. F-2007-346, Shawn Dion Reid appealed his conviction for various drug-related offenses including possession of methamphetamine and marijuana with intent to distribute. In a published decision, the court decided to affirm the termination of Reid from the Drug Court Program; however, it vacated the judgments and sentences imposed on certain counts that had been dismissed prior to his guilty pleas. One judge dissented.

F-2007-200

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

In OCCA case No. F-2007-200, Jamie Cruz appealed his conviction for Indecent or Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to affirm the judgment but reverse the sentences and remand for resentencing. One judge dissented. The case involved Jamie Cruz, who was found guilty on two counts of engaging in inappropriate conduct with an eight-year-old boy named T.M. Cruz was sentenced to life imprisonment without the possibility of parole for each count, to be served concurrently. The case had a long history of delays and court proceedings before it finally went to trial. During the trial, the evidence included Cruz’s admissions made during a polygraph examination he took while on probation. His defense argued that these admissions were wrongly obtained and that the trial court made errors in not considering his motion to suppress these statements. The trial court denied requests for continuances which the defense claimed were needed to prepare adequately for trial. Several arguments were made on appeal, including claims that the trial court should have suppressed the admissions made during the polygraph test because it violated his right against self-incrimination. Cruz argued that the compulsion to take the polygraph test because of his probation created a situation where he did not have a true choice, as refusing to comply could lead to his imprisonment. The court ruled that Cruz's rights were not violated. They said he had failed to assert his privilege against self-incrimination when he did not refuse to answer questions during the polygraph. The majority opinion found the polygraph examination was part of the conditions of his probation, and thus the admissions were not compelled in a manner that would invalidate them. Cruz also argued about other evidentiary issues during the trial, including the admission of prior bad acts as evidence and restrictions on jury selection. The court noted that while some of the trial court’s actions could be seen as problematic, they did not rise to the level of prejudice needed to overturn the conviction. In conclusion, while the court affirmed the convictions, they found that Cruz should not have received the life sentences as structured and directed that the case be sent back for proper resentencing under the relevant laws, as the previous sentencing did not follow the correct statutory guidance.

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.

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.

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.

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.

RE-2006-246

Post author:Staff
Post published:June 19, 2007
Post category:RE

In OCCA case No. RE-2006-246, the appellant appealed his conviction for several offenses involving credit cards and a weapon. In a published decision, the court decided to reverse the revocation of the suspended sentences for the credit card offenses but affirmed the revocation of the suspended sentence for the weapons offense. One judge dissented. The appellant had pleaded guilty to multiple charges, including possession of a stolen credit card and using a weapon. He was sentenced to prison but his sentences were suspended, meaning he would not serve time if he followed the rules. Over time, the court decided to revoke some of this suspended time, claiming that he violated the conditions of his release. The main point of disagreement was whether the appellant had violated the terms of his suspended sentences and if the court was right to impose harsher penalties. The court found that for the first case, the timing meant the sentences had already lapsed before the state could take action, so that part was reversed. However, for the weapons offense, the court decided that enough evidence was presented to support revoking the suspended sentence, even considering the appellant’s claims about mental health issues. The judges had different views on the fairness and reasons behind the court's decisions on these matters, leading to the dissenting opinion.

RE-2007-378

Post author:Staff
Post published:April 6, 2007
Post category:RE

In OCCA case No. RE-2007-378, Kevin Davis appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided to affirm part of the revocation while reversing another part. One judge dissented. Kevin Davis had previously been sentenced for possession of marijuana and for driving under the influence. These sentences included portions that were suspended, meaning he could avoid serving time if he followed the rules of his probation. However, when Davis was convicted of attempted robbery, the state sought to revoke his suspended sentences. The decision in the case centered around two main issues. First, Davis argued that the court unfairly required him to serve his revoked sentences one after the other, instead of allowing him to serve them at the same time as his new sentence. The court found that the judge had the right to make that decision and did not see it as wrongful. Second, Davis claimed that the court had no power to revoke his earlier marijuana charge since the time to do so had already passed. The court agreed with him on this point and decided that the application to revoke was filed too late. As a result, the court kept the revocation of one sentence in place but instructed the lower court to dismiss the application concerning the other sentence because it was no longer valid.

RE-2006-363

Post author:Staff
Post published:December 8, 2006
Post category:RE

In OCCA case No. RE-2006-363, the appellant appealed her conviction for possession of a controlled dangerous substance (cocaine) with intent to distribute. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified the sentence to six years of incarceration. One judge dissented. The background of the case includes that the appellant entered a guilty plea in July 2003 and was sentenced to twelve years, which was suspended on the condition that she complete an inpatient drug treatment program. However, in March 2005, the state filed an application to revoke her suspended sentence due to several violations, including failure to report to her probation officer and failing to comply with drug testing and treatment requirements. The court found that she also had new drug-related charges against her. In November 2005, a hearing took place where she admitted to the violations. The court then revoked her suspended sentence completely. The appellant later tried to withdraw her plea regarding the revocation but was denied. The review showed that the court followed proper procedures, and the evidence supported the decision to revoke her sentence. Although the court upheld the decision, it decided to lower the amount of time she would spend incarcerated from twelve years to six years.

C-2006-286

Post author:Staff
Post published:December 7, 2006
Post category:C

In OCCA case No. C-2006-286, Michelle Emma Hill appealed her conviction for Incitement to Riot. In a published decision, the court decided to grant her the opportunity to withdraw her plea and proceed to trial. One judge dissented.

S-2006-117

Post author:Staff
Post published:August 29, 2006
Post category:S

In OCCA case No. S-2006-117, the husband and wife, Larrie and Theresa Moyers, appealed their case concerning charges related to a scheme to defraud the State. They were originally indicted for multiple counts including conspiracy, bribery, and tax violations. Larrie had previously entered a guilty plea and received a sentence. Later, he sought to modify this sentence, which the court granted by reducing his time in prison and adding conditions like probation and treatment. After this modification, the State brought new charges against both Larrie and Theresa. They argued that these charges were unfair and retaliatory, claiming it was revenge for the sentence modification. The trial court agreed, finding that the new charges were indeed retaliatory and dismissed them, stating that this was against due process rights. The State then appealed this dismissal. The court reviewed whether it could hear the appeal and decided it could, as the dismissal was tied to constitutional issues. Ultimately, they affirmed the lower court's decision, agreeing that the State's action against the Moyers was inappropriate. The decision was published and affirmed the dismissal of all charges against them, maintaining the previous ruling of retaliation based on the lawful actions taken by Larrie Moyers to modify his sentence.

S-2005-1067

Post author:Staff
Post published:August 18, 2006
Post category:S

In OCCA case No. S-2005-1067, one person appealed his conviction for Shooting with Intent to Kill, Kidnapping, and Assault and Battery. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to use the transcript of a witness's preliminary hearing testimony during the trial. One judge dissented. The case involved Deangelo Favors and another person who were charged with serious crimes. During the preliminary hearing, a key witness, Roberta Verner, testified, but another potential witness, Lesha Huggins, was not allowed to testify even though the defense wanted to present her testimony, claiming it would prove Verner lied about the crimes. The judge decided that Verner was unavailable for the trial, which meant her earlier statements could not be used unless the defense had a chance to fully question her and present their case. The judge believed that not allowing Huggins to testify took away the defense's opportunity to question Verner properly. The State wanted to appeal the decision, saying it was wrong to not allow them to use Verner’s testimony. However, after looking closely at the facts and arguments from both sides, the court found that the trial judge acted correctly in not letting the State use Verner's earlier testimony. The court noted that it is important for defendants to have the right to question witnesses against them, and that this right was not met in the preliminary hearing because the defense could not call Huggins to support their case. In the end, the decision to deny the State's appeal was upheld, and the case was sent back to the lower court for more proceedings based on the ruling.

C-2005-1208

Post author:Staff
Post published:August 11, 2006
Post category:C

In OCCA case No. C-2005-1208, Eric Evan Smith appealed his conviction for 30 counts of Possession of Obscene Material Involving the Participation of a Minor Under the Age of Eighteen. In a published decision, the court decided to grant his request to withdraw his plea and ordered a new hearing on the application to withdraw the plea. One judge dissented. Smith had pleaded guilty in a district court, where he was sentenced to twenty years in prison for each count, with the sentences to be served at the same time, but only serving the first fifteen years of each count. After some time, Smith wanted to change his plea and said it wasn't voluntary because he felt pressured by his attorney. His case was reviewed, and it was determined that there was a conflict between him and his lawyer. Smith argued that his lawyer made him plead guilty by suggesting he would get a lighter sentence if he did so. In the hearing, Smith asserted that his attorney had coerced him into the plea, while his attorney denied it. Because of the angry and conflicting testimonies, the judges believed there was a problem that affected Smith's rights to a fair trial and effective help from a lawyer. The court found that Smith's lawyer could not properly help him because of this conflict. This led them to decide that Smith deserved another chance to explain his case and why he wanted a different plea. The decision meant that Smith had the right to go back to court, where he could present his reasons for wanting to change his plea and have a new decision made on whether his original plea was fair and appropriate. The dissenting judge felt that the court should not have granted this new hearing, believing that Smith's plea was done properly and his lawyer's conflict did not significantly affect the case, arguing that there was no abuse of power in the original decision of the court.

F 2005-603

Post author:Staff
Post published:July 5, 2006
Post category:F

In OCCA case No. F 2005-603, Maurice Ladon Miller appealed his conviction for First Degree Murder and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Maurice Ladon Miller was found guilty of serious crimes, including murder. The jury decided he should go to prison for life for the murder and for six years for conspiracy. The sentences were to be served at the same time and also added to a federal sentence he was already serving. After this, Miller appealed his case. Miller had two main arguments. First, he believed his confession to the police was not voluntary because he thought it was protected by an immunity agreement. Second, he felt he couldn’t present his defense because his lawyer was not allowed to show the jury a recording where a co-defendant said Miller was not involved in the murder. The court looked carefully at both of these arguments. They found that the confession was voluntary. Even though there was some confusion about the immunity agreement, the police had informed Miller that it did not protect him from state charges, and he waived his rights willingly. Therefore, they decided that there was no error in admitting his confession. For the second argument, the court examined the situation where Miller's lawyer recorded the co-defendant admitting to the crime but saying Miller was not involved. This recording was not allowed to be shown to the jury, which the court found to be a mistake. They explained that the recording could have been helpful for Miller's defense, as it contradicted the claim that he was involved in the murder. The absence of this evidence might have affected the trial. Ultimately, the court reversed Miller's convictions and ordered a new trial because they believed the exclusion of the co-defendant’s statement could have led to a different outcome. The dissenting judge felt the evidence against Miller was strong, and the trial court made the right choice in excluding the co-defendant's statement. Thus, the case will be retried to ensure that Miller has a chance to present all relevant evidence in his defense.

S-2005-866

Post author:Staff
Post published:May 31, 2006
Post category:S

In OCCA case No. S-2005-866, Matthew Ryan Wells appealed his conviction for several charges including trafficking in illegal drugs and use of a weapon in commission of a crime. In an unpublished decision, the court decided to affirm the ruling of the District Court, which had sustained Wells' motion to quash the information, meaning that the charges against him could not move forward. One judge dissented.

S-2005-840

Post author:Staff
Post published:May 18, 2006
Post category:S

In OCCA case No. S-2005-840, #Ranney appealed his conviction for #driving under the influence and driving with a revoked license. In an (unpublished) decision, the court decided to deny Ranney's motion to dismiss the State's appeal. The court remanded the case back to the District Court with instructions to vacate its order that had previously granted Ranney's motions to suppress evidence and quash the charging information. #One judge dissented. The case began when Ranney was accused of hitting a sign in a convenience store parking lot while possibly being drunk. The police officer noticed things like the smell of alcohol and Ranney's slurred speech. Ranney admitted to drinking beer when the officer questioned him. At a preliminary hearing, Ranney tried to get his statements thrown out, but that motion was denied. Later, at a different hearing, Ranney asked again to have his statements and the charges dismissed. He argued he wasn't free to go when the officer spoke to him and that his statements were made because he felt pressured. He also claimed the officer didn’t have a good reason to come up and question him. The judge, after considering the situation, decided to grant Ranney’s request without explaining why. This left everyone confused about the reasons behind the decision. The State then asked the judge for a written explanation, but she didn’t respond. The State decided to appeal her decision, but Ranney argued that the appeal should be dismissed because there were no clear reasons from the judge about her ruling. While the court agreed there was a problem with the record, they didn’t think the State should be punished because it was mainly the judge’s fault for not providing explanations. So, the court ordered the case to go back to the lower court. They said the District Court should take away its previous decision and then handle Ranney's motions again, this time making sure to provide clear reasons for any new decisions.

F 2004-1305

Post author:Staff
Post published:May 18, 2006
Post category:F

In OCCA case No. F 2004-1305, Anthony Joseph Frost appealed his conviction for Aggravated Attempting to Elude a Police Officer and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to modify the sentence for the aggravated attempting to elude charge due to errors during the trial. One judge dissented regarding the modification of the sentence. Frost faced a jury trial where he was found guilty of two charges. The jury decided on a punishment of 40 years for the first charge and 1 year with a $1,000 fine for the second charge. The sentences were set to be served at the same time. Frost appealed the decision, claiming that the trial court did not give the jury enough information about parole eligibility and that the court made a mistake by not redacting previous sentence information from his prior convictions. The court found that the trial court did not do anything wrong with the first claim because Frost did not raise an objection during the trial. However, the court agreed that there was a mistake in how previous sentences were presented to the jury. This information could have influenced the jury's decision on the punishment. The court decided to change Frost’s sentence for aggravated attempting to elude from 40 years to 25 years, while keeping the sentence for the drug paraphernalia charge the same. The judges all agreed on some parts of the decision, but one judge disagreed with changing Frost's sentence, believing that the jury should be fully informed about the defendant's history to make a fair decision.

RE-2004-1033

Post author:Staff
Post published:February 28, 2006
Post category:RE

In OCCA case No. RE-2004-1033, Wren appealed her conviction for possession of a controlled dangerous substance (methamphetamine). In a published decision, the court decided to affirm the revocation of her suspended sentence but modified the length of her imprisonment. One judge dissented. Wren had originally been sentenced to four years in prison, which was suspended based on her agreeing to probation terms after entering a nolo contendere plea. She did not follow the rules of her probation on several occasions, which led to her first violation and a thirty-day jail sentence. Eventually, the state filed a second motion to revoke her suspended sentence after she failed drug tests and did not pay court costs. Even after a treatment program, Wren continued to use methamphetamine. When the court determined that she had broken her probation rules again, it revoked her suspended sentence entirely. However, Wren argued that her full sentence shouldn't be four years since part of it had already been executed with her previous thirty-day incarceration. The court agreed that the final sentence was actually longer than it should have been and modified the length to reflect the time she had already served. In the end, the court affirmed the revocation of her suspended sentence but adjusted the total imprisonment time to account for her earlier time served, confirming that she needs to serve three years and three hundred thirty-five days of her sentence.

RE-2004-1015

Post author:Staff
Post published:January 18, 2006
Post category:RE

In OCCA case No. RE-2004-1015, the appellant appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence for Lewd Molestation and reverse the revocation of the suspended sentence for Rape in the First Degree. One judge dissented. The appellant had previously entered a plea of no contest in 2001 to charges of Rape in the First Degree and Lewd Molestation. After this, he was given a ten-year sentence for each charge, which was suspended. However, in 2003, the State filed an Application to Revoke the appellant's suspended sentences, claiming he had violated several conditions of his probation, such as not paying fees and not attending counseling. During a hearing, the appellant admitted to violating the terms of his probation. Initially, the court held off on revoking his sentence to give him chances to comply with the rules. However, after several reviews and additional hearings, the court eventually revoked his sentences in 2004. The appellant argued that the court did not have the right to keep reviewing his case or to revoke his sentences because he believed the last filed application to revoke had expired by that time. The court found that it had been monitoring the appellant's progress, showing that it was acting out of leniency. The appellant also stated that he was not properly notified of the issues to be addressed at the last hearing. In the court's decision, it was explained that when someone admits to violating probation rules, it is generally accepted that the court can act on that admission. The court noted that the legal standard for revoking a suspended sentence is not very high and concluded that they did not find any error with the decision during the hearings. However, the appellant sought to vacate his conviction for Rape, claiming he was underage at the time of the offense and thus legally not able to have committed the crime as defined by the law. The court ultimately agreed with the appellant that there was a critical error regarding the age requirement for a Rape conviction. They decided to reverse the revocation of that particular sentence and stated that the Judgment and Sentence for Count I should be vacated and dismissed entirely. So, the final decision was to keep the revocation of the sentence for Lewd Molestation but to remove the conviction for Rape due to the age issue, allowing for a correction of that mistake in legal proceedings.

F-2004-410

Post author:Staff
Post published:January 4, 2006
Post category:F

In OCCA case No. F-2004-410, Twyla Tanner appealed her conviction for Embezzlement by Bailee. In an unpublished decision, the court decided to affirm the conviction but modify the sentence from forty-five years to twenty years of imprisonment. One judge dissented regarding the sentence modification. Twyla Tanner was found guilty after a jury trial. The court had to decide on several issues raised by Tanner regarding her trial, including errors in denying her motion for a new trial, not allowing a witness to testify, the sufficiency of evidence, the length of her sentence, and whether all of these issues combined affected her right to a fair trial. The court determined that the trial judge made the right choices in handling these issues. They agreed that Tanner’s request for a new trial was not given because it was late. They also supported the judge's decision to prevent a witness from testifying because Tanner did not follow the rules for sharing her evidence in time. The court found enough evidence for the jury to decide she was guilty of stealing. However, they thought that the original sentence of forty-five years was very harsh for the crime and the situation. They changed it to twenty years in prison after considering the facts, including that she did not cause any damage and returned the vehicle she was accused of embezzling. One judge disagreed with reducing Tanner's sentence, believing that the jury's decision was justified based on her past criminal record and that the prosecution's comments during the trial did not unfairly influence the jury.