Affirmation Of Sentence Archives

M-2018-1055

Post author:Staff
Post published:October 3, 2019
Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SADE DEANN McKNIGHT, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. M-2018-1055** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA OCT - 3 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Sade Deann McKnight seeks to appeal her Judgment and Sentence from the District Court of Payne County, Case No. CM-2016-1491, for her misdemeanor convictions of Obstructing an Officer, 21 O.S.Supp.2015, § 540 (Count 1) and Resisting an Officer, 21 O.S.1991, § 268 (Count 2). The Honorable R.L. Hert, Special Judge, presided over the jury trial, where McKnight was sentenced to a $500.00 fine for Count 1 and six weeks confinement in the county jail along with a $500.00 fine for Count 2. **FACTS** On September 9, 2016, during severe weather, Appellant lost control of her vehicle on Interstate 35, resulting in a collision. Upon the Oklahoma Highway Patrol's arrival, Trooper Ryan Long found McKnight and her three small children in an ambulance nearby. Initially cooperative, McKnight became argumentative upon learning she would be ticketed for driving too fast for conditions. As tensions increased, McKnight attempted to leave the ambulance and re-enter her car despite Trooper Long's directives to stay. Following her non-compliance, Trooper Long attempted to escort her back, which led to her striking him and resisting arrest. Subsequently, she was charged with obstructing and resisting an officer. **ANALYSIS** 1. **Sufficiency of Evidence for Obstruction** Appellant argues that evidence was insufficient to support her conviction for obstruction. The jury instruction required proof that McKnight willfully obstructed an Oklahoma Highway Patrolman in the discharge of his duties. Long's testimony confirmed the nature of his duties and her non-compliance. Viewing the evidence favorably for the prosecution, we conclude a rational jury could find McKnight guilty beyond a reasonable doubt. 2. **Resisting Unlawful Arrest** McKnight contends her conviction for resisting an officer should be reversed due to an unlawful arrest. This argument, raised for the first time on appeal, is examined for plain error. However, because Long had probable cause to arrest McKnight for obstruction as evidenced by her behavior, the arrest was lawful, negating her claim. 3. **Excessiveness of Sentences** Finally, Appellant challenges the sentences as excessive. However, both sentences fall within statutory limits, and we find they do not shock the conscience. **DECISION** The Judgment and Sentence of the District Court is AFFIRMED. **MANDATE** Pursuant to Rule 3.15 of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon filing of this decision. --- **COUNSEL** **At Trial:** Stephen Cale, Tulsa, OK **On Appeal:** Ariel Parry, Norman, OK; Rodrigo Carrillo, Stillwater, OK **For the State:** Mike Hunter, Oklahoma City, OK **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J. (concur in results); HUDSON, J. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-1055_1734357754.pdf)

F-2000-912

Post author:Staff
Post published:July 10, 2001
Post category:F

In OCCA case No. F-2000-912, Jerry Leon McManus, Jr. appealed his conviction for several serious crimes, including Kidnapping, Assault, Rape by Instrumentation, and Sodomy. In an unpublished decision, the court decided to modify his convictions on two counts to a lesser charge and change the sentences but upheld his other convictions. One judge dissented. The case started in a court in Muskogee County where McManus was accused of multiple crimes against a victim. A trial jury found him guilty of most counts after being directed that he was not guilty of a few charges. Each of the remaining charges led to a life sentence that would run at the same time. On appeal, McManus presented several arguments about why he should not have been convicted. He said the trial court did not explain the rules correctly regarding one type of crime, leading to confusion. He also argued that the court allowed some evidence about past actions of his that were not relevant to the case, and he believed this affected the fairness of the trial. Furthermore, he claimed the prosecutor made improper comments during the trial and said there wasn’t enough evidence to support his convictions for certain crimes. The court reviewed these arguments carefully. It agreed with McManus on one point: the jury should have been instructed properly about the crime of Rape by Instrumentation. Since the jury was incorrectly steered towards a greater charge, the court decided to change McManus's convictions for this specific crime to a lesser offense of Second Degree Rape by Instrumentation and adjusted his sentence to fifteen years for those two counts instead of life imprisonment. However, the court found that even though some evidence from old crimes should not have been shared, it did not change the outcome of the trial. The jury's decision was seen as just because there was enough solid evidence presented against McManus. The court also thought that despite various issues raised during the trial, those did not combine to make the trial unfair or warrant a full reversal of all convictions. In summary, while the court changed some aspects regarding the Rape by Instrumentation, they affirmed the rest of the convictions and sentences for McManus, deciding he would serve a reduced time for the lesser charges but still maintain his convictions for the other serious crimes.