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RE-2018-1287

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Here is a summary of the Court of Criminal Appeals decision regarding Darryn Lamar Chandler, Jr.: **Case Summary:** - Appellant: Darryn Lamar Chandler, Jr. - Appellee: The State of Oklahoma - Case Numbers: CF-2015-2683 and CF-2016-534 - Date of Decision: February 6, 2020 - Judge: Honorable Glenn Jones **Background:** - Chandler was previously convicted in two separate cases involving serious crimes: 1. Case No. CF-2015-2683: Guilt for possession of a controlled substance with intent to distribute, possession of an offensive weapon during a felony, and possession of an imitation controlled substance. 2. Case No. CF-2016-534: Guilt for robbery with a firearm and conspiracy to commit robbery with a firearm. - Sentences: In both cases, he received suspended sentences with the first year of incarceration. **Allegations of Violation:** - On September 21, 2018, the State filed to revoke Chandler’s suspended sentences due to new charges related to his involvement in a violent robbery while on probation. **Revocation Hearing:** - The hearing began on November 27, 2018, where evidence was presented by the State indicating Chandler's direct involvement in the robbery of a loan business, during which he threatened employees with a firearm. - Chandler did not present any evidence in his defense. - The judge found Chandler in violation of probation, leading to the revocation of his suspended sentences. **Sentencing Hearing:** - A presentence investigation report was requested and filed before the sentencing hearing, which took place on December 20, 2018. - The State argued for full revocation based on the violent nature of the robbery, while Chandler's counsel argued for a more lenient approach citing Chandler's background and potential for rehabilitation. **Court's Decision:** - The Court upheld the trial court's decision to revoke the suspended sentences in full, emphasizing that Chandler committed a violent crime in direct violation of the conditions of his probation, which warranted no abuse of judicial discretion. **Conclusion:** - The Court affirmed the revocation of Chandler's suspended sentences, noting the trial court’s discretion in making its determination based on the evidence of Chandler’s actions while on probation. **Final Note**: For more detailed information, there is a downloadable PDF available [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1287_1734352969.pdf).

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F-2018-562

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

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F-2018-588

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The case involves Sonia Weidenfelder, who was convicted of first-degree murder in the District Court of Tulsa County and sentenced to life imprisonment. On appeal, she contested the trial court's denial of her motion to suppress evidence obtained from two cell phones, claiming that the warrants authorizing the searches lacked probable cause, thereby violating her Fourth Amendment rights. The Court of Criminal Appeals of Oklahoma reviewed the trial court’s ruling for abuse of discretion, which entails a clearly erroneous judgment. They affirmed the trial court's decision, finding sufficient probable cause in the affidavits supporting the search warrants for the cell phones. They noted that the magistrate had a substantial basis for determining that evidence related to the murder would likely be found on the phones, allowing for the admissibility of the evidence at trial. The judgment of the trial court was therefore affirmed, and the Court concluded that there was no error in the admission of the cell phone evidence. The decision also includes information on the legal representation for both the appellant and the state, as well as a note that the mandate would be issued upon the decision’s delivery and filing.

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F-2011-656

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In OCCA case No. F-2011-656, Jason Kenneth Dimaggio, Jr. appealed his conviction for multiple crimes, including robbery and assault. In an unpublished decision, the court decided to reverse one conviction but affirmed all others. One judge dissented. Jason Dimaggio was found guilty of several offenses that occurred during a violent crime spree in two Oklahoma counties. His crimes included robbery with a weapon, assault with a dangerous weapon, and other charges. He received lengthy sentences, with some of them being consecutive, meaning he would serve them one after another. During the appeal, Dimaggio argued that he didn't get a fair trial for several reasons. He claimed that some evidence about other crimes should not have been allowed, and that he was denied the chance to confront witnesses due to hearsay evidence. His main points included: 1. Other-crimes evidence was presented improperly. 2. Hearsay evidence was used against him. 3. The trial court allowed irrelevant photographs of him to be shown to the jurors. 4. There was misconduct by the prosecutor. 5. The jury was incorrectly instructed about his flight after crimes. 6. The combined effect of errors denied him a fair trial. 7. The court should not have ordered his sentences to be served consecutively. 8. He was unfairly punished multiple times for the same conduct. 9. The evidence did not support some of his convictions. The court reviewed all these claims and found that the evidence about earlier crimes was acceptable as part of the overall story of the events. Although there were issues with some evidence, like the photographs, the judges felt the impact on the trial was not significant enough to change the outcome because there was strong evidence against Dimaggio from witnesses. Regarding the prosecutor’s comments during the trial, the court noted that errors weren’t severe enough to matter because they were not objected to at the time. They also agreed that the jury's instruction about flight wasn't appropriate, but again, it didn't affect the strong evidence of guilt. Dimaggio’s claims of double jeopardy (being punished twice for the same crime) regarding his convictions for assault and fleeing from a police officer were not supported. The court ruled that the crimes were separate and had different elements. However, the court did agree that he should not be convicted for possession of a controlled substance because it was part of the robbery and should not have been counted as a separate crime. Thus, that conviction was reversed. In conclusion, except for the reversed conviction, the court upheld Dimaggio's multiple sentences and affirmed the trial court’s decisions in all other respects.

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J-2003-1180

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

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F-2000-367

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In OCCA case No. F-2000-367, Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance - Methamphetamine. In an unpublished decision, the court decided to reverse the conviction with instructions to dismiss the case. One member of the court dissented. Crase was found guilty by a jury and sentenced to twenty years in prison and fined $50,000. He argued several points about why he should not be convicted. He claimed there was not enough evidence to prove he helped make methamphetamine. He also said there wasn't enough support for the testimony from an accomplice, that evidence of other crimes was unfair during his trial, and that the prosecutors behaved badly, making it hard for him to get a fair trial. After looking closely at all the evidence and records from the trial, the court agreed with Crase. They found that just being present and knowing that someone was making methamphetamine did not mean he was guilty of making it or helping to make it. The court concluded that there was not enough proof to convict him, so they reversed the lower court's decision and ordered the case to be dismissed.

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F-2000-365

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In OCCA case No. F-2000-365, Kevin Michael Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance, specifically methamphetamine. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Crase was found guilty after a trial by jury and received a sentence of twenty years in prison and a $50,000 fine. He argued several points for his appeal, including that there wasn't enough evidence to prove he was actually involved in making the drugs or helping someone else do it. Upon reviewing everything, the court agreed with Crase, stating that although he was there and knew what was happening, there was no proof that he helped or encouraged the drug production in any way. Simply being present at the scene isn’t enough to prove someone committed a crime. Therefore, the court reversed his conviction and instructed the lower court to dismiss the case.

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