Amendment of Information

F-2018-56

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In OCCA case No. F-2018-56, Garry Wayne Wilson appealed his conviction for First Degree Murder and Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to affirm the conviction and sentence. No one dissented. Garry Wayne Wilson was found guilty by a jury in Tulsa County. He faced two charges: killing someone and having a gun when he wasn’t supposed to. The jury decided he should spend his life in prison for the murder and ten years for the gun charge, with both sentences running one after the other. Wilson raised several problems about his trial that he believed made it unfair. He thought the court made mistakes, such as changing the charges against him in a way that hurt his defense, not telling the jury the right instructions, allowing too many pictures of the victim that were too much to see, and that the prosecutor did things wrong during the trial. He also believed his lawyer didn’t help him enough. The court looked closely at Wilson’s complaints. First, they found that the change in the charges was allowed because it didn’t really change what he was being accused of. It was fair to change it based on the evidence that came out during the trial. Next, regarding jury instructions, the judges said they were given correctly. Even though Wilson claimed he should have received specific instructions about being angry, the judges said that because Wilson denied shooting the victim, he didn’t qualify for those instructions. Also, the jury did get to hear about similar lesser charges, which gave them options. About the photos shown in court, the judges found they were important for showing what happened to the victim. Even if there were many pictures, they all served a purpose and were not too repetitive. Regarding the claims of the prosecutor acting inappropriately, the court said that, despite Wilson's worries, the issues did not make the trial unfair. The judges assessed all the prosecutor's actions as a whole to decide if they were serious problems. They concluded that they were not. Wilson also said his lawyer didn’t do a good job. However, the judges commented that legal representatives have a wide range of actions they can take, and it’s not easy to prove they didn’t do their job well. They didn’t find any significant mistakes made by the lawyer that harmed Wilson’s case. Lastly, Wilson argued that all these issues combined made his trial unfair. The judges disagreed and said that since they found none of his claims were valid, there were no combined errors that would change the outcome either. In summary, the court affirmed Wilson's conviction and sentence. They found no significant errors that would merit a new trial or a change in his punishment. The case concluded with the jury's decision being upheld.

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S-2016-169

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In OCCA case No. S-2016-169, Patrick Lee Walker appealed his conviction for distributing a controlled dangerous substance (methamphetamine) within 2,000 feet of a school. In an unpublished decision, the court decided to affirm the trial court's ruling that granted Walker's motion to quash and dismissed the case. One judge dissented. The case began when Walker was charged in Kay County District Court with distributing methamphetamine after a controlled purchase was made by a confidential informant. A deputy had coordinated this controlled buy and testified that the informant bought meth from Walker at a location in Kay County. The informant was searched before the transaction to ensure she had no drugs. After meeting Walker, they drove together to Osage County where the exchange happened. There was a lack of evidence presented about the exact location where the drugs were handed over, which was crucial to prove that the crime occurred within the required distance of a school. During the preliminary hearing, the judge decided that while the distribution started in Kay County, there wasn't enough evidence to show that the drugs were handed over in that county or within 2,000 feet from a school. Because of this, the judge dismissed the case when Walker's defense claimed that the evidence was insufficient. The court discussed whether the trial court had made an error in dismissing the case. The main two arguments from the State's appeal were that the district court wrongly decided it didn't have the required evidence for venue and that it unfairly denied the State's request to amend the Information (the official charge). The court explained that the State must show probable cause that a crime happened and clarify where that crime occurred. They noted that although it was shown that a crime likely happened, it was not in the form correctly charged due to not proving all essential elements of the offense, as required under Oklahoma law. While the trial court's decision to dismiss the case was recognized as legally incorrect, it did not lead to a different outcome because the State did not ask to amend the charge during the hearing. Therefore, even though the lower court may have acted without the right understanding of the law regarding amendments, it did not influence the decision because of the procedural issues involved. The court ultimately upheld the dismissal of the charges against Walker, agreeing with the lower court's conclusion that there was insufficient evidence of the crime occurring within the jurisdiction required by law. The ruling was affirmed, and thus the case remained closed without further proceedings.

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F-2009-177

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In OCCA case No. F-2009-177, Jesse James Stout appealed his conviction for sexual abuse of a child and exhibition of obscene materials to a minor child. In an unpublished decision, the court decided to affirm some convictions and reverse others. One judge dissented. Jesse James Stout was found guilty by a jury of eight counts of sexual abuse of a child and three counts of exhibiting obscene materials to a minor. He received a total sentence of many years in prison for these convictions. The sentences for some counts were served one after another, which is called consecutive sentencing. Stout raised several points in his appeal. First, he claimed that the trial court should have let him stop talking to the police when he asked for a lawyer. However, the court determined that his request was not clear enough, and since he had not been charged with the crimes at that time, his rights had not been violated. Second, he argued that having eight counts of sexual abuse was wrong when it should have been fewer counts. But the court found that the State had clearly explained all the charges, and the jury was told to look at each claim separately. Third, Stout contended that the trial court made a mistake by changing the charges at the end of the trial. The court allowed the State to change the information for the three counts of showing obscene materials. The trial court said this change would not hurt Stout's defense because the new charge carried a lesser sentence. However, the court found that this amendment was unfair and hurt Stout’s ability to defend himself properly because it changed the nature of what he was being charged with. As a result of these findings, the court affirmed the convictions related to the eight counts of sexual abuse, but reversed the convictions for the three counts of exhibiting obscene materials and ordered a new trial for those counts. Some judges agreed with the decisions while one judge disagreed with the reversal of the three counts.

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F-2007-200

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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.

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F-2007-102

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In OCCA case No. F-2007-102, #Hightower appealed his conviction for #forcible oral sodomy, resisting arrest, and indecent exposure. In a (published) decision, the court decided #to reverse the conviction for indecent exposure and remand for a new trial, while affirming the other convictions. #One dissented. Corey Antwonne Hightower was found guilty of three crimes. The first crime was for forcible oral sodomy, the second was for resisting arrest, and the third was for indecent exposure. The jury decided that Hightower should spend a total of eleven years and eight months in prison for the first two crimes and three years for the third. Hightower's team argued that his convictions for forcible oral sodomy and indecent exposure should not both count because they were too similar. They also said that the indecent exposure charge was wrong since the act wasn’t mentioned in the original court documents, and he didn't get a fair chance to defend himself. Finally, they claimed the judge didn’t properly tell the jury how to use the evidence of other crimes during the trial. After looking closely at everything presented in the case, the court decided that it was not fair to convict Hightower for the indecent exposure. They found that the original case wasn’t clear about which incidents occurred when, especially since the indecent exposure was thought to have happened on a different date than the other crimes. The judges agreed that Hightower should have another chance to defend himself for the indecent exposure charge. However, they said that the convictions for forcible oral sodomy and resisting arrest would remain. The court's decision was important because it showed that everyone has the right to know exactly what they are being charged with and that they need a fair chance to defend themselves in court.

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F 2001-962

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In OCCA case No. F 2001-962, Chester Creller, Sr. appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Incest. In an unpublished decision, the court decided to affirm the convictions for First Degree Rape and Forcible Oral Sodomy but reversed the conviction for Incest. One judge dissented. Creller was found guilty of serious crimes related to sexual offenses in a trial in Muskogee County. The jury decided on heavy punishments for the crimes: 100 years for Rape, 20 years for Oral Sodomy, and 10 years for Incest. The judge planned for the sentences for Rape and Oral Sodomy to be served one after the other, while the Incest sentence would happen at the same time as the Rape sentence. Creller took his case to a higher court, arguing several points. He claimed that the court should not have tried his case, that changes made to the case were unfair, that there were problems with how the victim's testimony was used, that he should not have been convicted of both Rape and Incest for the same act, and that the way evidence was handled did not guarantee him a fair trial. The higher court carefully looked over all the arguments and decided that Creller's claim about his convictions for Rape and Incest being based on the same action was valid. Therefore, they overturned the Incest conviction but found that the other points he raised did not change the overall outcome. The court confirmed that the trial was handled correctly in most ways and said that even though there were some mistakes, they did not affect the right decision because there was strong evidence against Creller. The decision also stated that the prosecution's closing arguments did not unfairly influence the jury because the defense did not object during the trial. In summary, Creller's sentence for Incest was dismissed, but he still faced very long sentences for the other charges.

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