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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 In an unpublished decision, the court decided to affirm the conviction for Accessory After the Fact but reversed the conviction for Knowingly Concealing Stolen Property with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-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 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 In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others.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-2003-717

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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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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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F 2003-1078

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In OCCA case No. F 2003-1078, Joseph Lee Rick Knight appealed his conviction for endeavoring to manufacture a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence. However, it ordered a remand to the District Court of Creek County to vacate certain costs associated with the charges for which Knight was acquitted or not prosecuted. One judge dissented. Joseph Knight was found guilty after a bench trial, which means there was no jury, and the judge made the decision. The trial took place over several days, and Knight was sentenced to twenty years in prison, with nine years to be served and the rest suspended. Knight argued four main points in his appeal. First, he said that his arrest and the search of his home were not done lawfully. The court disagreed, stating that the search was allowed because Knight's wife gave permission, meaning the police did not need a warrant. Secondly, Knight claimed that he did not truly understand what it meant to give up his right to a jury trial. The court found that he had given up this right knowingly, so this point was also denied. The third point Knight made was that he could not cross-examine his co-defendant, whose statements were used against him. The court decided this was not a problem because the judge said those statements would only be considered for the co-defendant. Lastly, Knight believed that his sentence was too harsh. The court said the sentence was appropriate based on the laws and did not seem unfair. In summary, the court upheld Knight's conviction and kept his sentence the same but ordered some of the costs to be canceled because he was not convicted on all charges.

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F 2003-442

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In OCCA case No. F 2003-442, the appellant appealed his conviction for multiple crimes including Conspiracy to Commit Robbery, First Degree Murder, Robbery with a Dangerous Weapon, and Possession of a Firearm by a Convicted Felon. In an unpublished decision, the court decided to reverse and remand two counts of Possession of a Firearm by a Convicted Felon, but affirmed the convictions on all remaining counts. One judge dissented, feeling that one conspiracy count and the robbery count should be upheld, while reversing the other counts.

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J-2004-305

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In OCCA case No. J-2004-305, D.H.D. appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm the denial of D.H.D.'s motion for certification as a juvenile but reversed the denial for certification as a youthful offender, meaning D.H.D. would be tried in a system that focuses on rehabilitation rather than punishment. One judge dissented.

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F-2003-336

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In OCCA case No. F-2003-336, Joe Lynn Paddock appealed his conviction for several crimes, including conspiracy to manufacture drugs and possession of drugs with intent to distribute. In a published decision, the court decided to reverse and dismiss one conviction due to lack of evidence but upheld the other convictions and modified some sentences. One judge dissented on the sentencing decision.

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RE 2003-0857

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In OCCA case No. RE 2003-0857, #Montgomery appealed his conviction for #Burglary, Second Degree. In an unpublished decision, the court decided #to affirm the revocation of his suspended sentence, but modified the length of the revocation to three years. #One judge dissented. Montgomery had initially pled guilty to burglary and was given a chance to stay out of prison under certain rules for four years. However, he broke the rules multiple times. The state asked the court to impose his sentence because he did not keep a job, did not pay the money he owed, and committed new crimes like driving without a license. The judge revoked a large portion of his sentence for these reasons. On appeal, Montgomery argued that the judge had no right to take away three and a half years of his sentence and that the punishment was too harsh. The court found that while the judge made a mistake in calculating the time, the decision to revoke the sentence was not seen as overly harsh, so they changed the revocation from three and a half years to three years instead.

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F-2003-405

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In OCCA case No. F-2003-405, Clarence Edward Reed appealed his conviction for Unlawful Possession of Controlled Drug, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Reed's conviction but modified his sentence to six years in prison instead of eight. One judge dissented on part of the decision.

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F-2003-719

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In OCCA case No. F-2003-719, Timothy Phipps appealed his conviction for Robbery With a Weapon, After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm Appellant's conviction but modify the sentence. One judge dissented. Phipps was found guilty by a jury in the District Court of Muskogee County and was sentenced to fifteen years in prison, with five of those years suspended. The court found that the jury had been mistakenly instructed about the minimum punishment. They believed they were allowed to sentence him to a minimum that was not accurate due to his past conviction from Arkansas. Because of this mistake, the court changed his sentence to ten years in prison with five years suspended. The court carefully reviewed everything in the case and determined that the mistake about the punishment made a difference in how the sentence was decided.

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F-2002-1511

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In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

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M-2003-495

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In OCCA case No. M-2003-495, a person appealed his conviction for Assault and Battery. In a published decision, the court decided to affirm the conviction but noted that there was a mistake in calculating the court costs. The appellant claimed that the court costs were too high and asked to have them changed. The state agreed that an error was made in the amount of costs. The court ordered that the case be sent back to the District Court to fix the court costs. The appellant also argued that the prosecutor did things that were unfair during the trial, but the court found no reasons to change the verdict since there weren’t any objections during the trial. Therefore, the judgment and sentence were upheld.

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C-2003-403

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In OCCA case No. C-2003-403, David Lee Maywald appealed his conviction for Failure to Register as a Sex Offender and Registered Sex Offender Working with or Providing Services to Children. In a published decision, the court decided to modify the sentence in Count II to a fine only, while affirming the denial of the motion to withdraw his guilty plea. One judge dissented. David Lee Maywald, also known as David Lee Graham, was charged with two crimes related to being a registered sex offender. He entered a guilty plea to both charges and was sentenced to prison time and fines. After he changed his mind, he asked to withdraw his guilty plea, feeling he was misinformed about the potential sentences he might face. The court looked closely at Maywald's reasons for wanting to change his plea. First, he argued that he misunderstood the sentencing range for Count II, believing he faced more than just a fine. The court agreed that he shouldn't have received jail time for that count, as the law only allowed for a fine. So, they decided to change his sentence for Count II to just the fine amount. In his second argument, he felt he was misinformed about the maximum fine for Count I. However, the court found that the fine he received was less than what could have been, and since it matched what was agreed upon in the plea deal, it wasn’t a reason to withdraw his plea. For his third point, Maywald argued that he didn’t fully understand the implications of his guilty plea. The court said he didn’t provide enough evidence to show that he entered the plea without understanding its consequences. The court noted that he had been clearly informed multiple times about how he wouldn’t get credit for time served leading up to his sentencing. Overall, while Maywald's request to withdraw his plea was denied, the court acknowledged the error regarding the jail sentence for Count II and modified that sentence to comply with the law. The rest of the decisions from the lower court were kept the same. The judges agreed on most points, but one had a differing opinion on the case.

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F-2002-1470

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In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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C-2002-1525

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In OCCA case No. C-2002-1525, Campbell appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction but modified her sentence. One judge dissented. Campbell was charged in Hughes County and entered a guilty plea while maintaining her innocence, known as an Alford plea. She was originally sentenced to twenty-five years in prison. Campbell later appealed, asking to withdraw her guilty plea or reduce her sentence. The court found that although she could not withdraw her plea because she had been properly informed about the rights she was waiving and the maximum penalty for her conviction, her sentence was too harsh. The court decided to change her sentence from twenty-five years to ten years, although it did not reverse her conviction. The dissenting judge believed the trial judge's original decision on the sentence should stand.

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RE 2002-1124

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In OCCA case No. RE 2002-1124, Earnest Williams appealed his conviction for violating the terms of his suspended sentences. In a published decision, the court decided to affirm the revocation of his suspended sentences in three cases but vacated the revocation of one case because it was found that the court did not have the authority to revoke that particular sentence. One judge dissented on part of the decision.

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F 2002-1041

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In OCCA case No. F 2002-1041, Carlos Gomez Modesto appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine and Cocaine). In an unpublished decision, the court decided to reverse and remand Count 1 with instructions to dismiss it, while affirming Count 2. One judge dissented. The case started when Modesto was found guilty in an earlier trial of trafficking both methamphetamine and cocaine. The jury decided his punishment for methamphetamine should be ten years and a fine of $50,000, and for cocaine, ten years and a fine of $25,000. However, during sentencing, the judge changed the punishment for methamphetamine to just four years, allowing both counts to run at the same time. Modesto raised several issues during his appeal, challenging the fairness of the trial. He claimed that: 1. The trial court didn't properly handle his request to dismiss the charges based on double jeopardy, which is when a person can't be tried twice for the same crime. 2. He argued that having two convictions seemed unfair, like getting punished twice for the same wrongdoing. 3. He believed that the evidence presented was not enough to support his convictions. 4. Modesto complained about the prosecutor's comments during closing arguments, suggesting they were harmful and unfair. 5. He pointed out that some decisions made by the trial court regarding evidence were wrong, which affected his right to a fair trial. After looking carefully at all the facts and arguments, the court agreed with Modesto on some points. They found that his two convictions did violate the rule against double punishment, so they decided to reverse the conviction for methamphetamine and instruct the lower court to dismiss that charge. However, they determined there was enough evidence to uphold the conviction for cocaine and decided to affirm that part. The court also recognized that the prosecutor's comparison of Modesto to a notorious criminal was inappropriate, but they concluded it wasn’t enough to change the trial's outcome. Lastly, although there were some mistakes in handling evidence, they decided those were not serious enough to affect the fairness of the trial. In summary, the court's final ruling was that Modesto's conviction for trafficking cocaine would stand, while the conviction for methamphetamine was reversed and dismissed.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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M-2002-1146

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In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

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C-2002-1136

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In OCCA case No. C-2002-1136, the Petitioner appealed his conviction for Possession of a Stolen Vehicle and Eluding a Police Officer. In a published decision, the court decided to grant the petition in part, vacating the trial court's order regarding restitution and remanding for a restitution hearing. One Judge dissented.

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C 2002-1460

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In OCCA case No. C 2002-1460, Skinner appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to partially grant his appeal. The court found that the pleas of guilty to some charges were not entered knowingly and voluntarily. Skinner was not properly advised about the punishment he could face, and the fines he received were too high according to the law. Therefore, the court allowed him to withdraw his guilty pleas for certain counts and changed the fine on one of the counts to a correct amount. The court upheld the punishment for one count but denied the appeal for another. A judge dissented on some aspects of the case.

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F 2002-532

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In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

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F 2002-157

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In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.

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