In OCCA case No. RE-2019-619, the appellant appealed his conviction for endangering others while trying to avoid the police and possession of a stolen vehicle. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to give him credit for four days he had already served in jail. One judge dissented from this decision.
**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)
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DAKOTA MICHAEL SHANE BELL, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** **No. RE-2018-855** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **SEP 26 2019** **JOHN D. HADDEN, CLERK** ### SUMMARY OPINION **HUDSON, JUDGE:** Appellant Dakota Michael Shane Bell appeals from the revocation of suspended sentences in Payne County District Court Case Nos. CF-2016-375 and CF-2016-952. He pleaded guilty on April 5, 2017, to Possession of a Firearm After Conviction of a Felony (Count 2) in Case No. CF-2016-375 and Unlawful Use of a Vehicle in Case No. CF-2016-952. He was sentenced to five years imprisonment in each case, with all but the first sixty days suspended, and the sentences ordered to be served concurrently. On January 22, 2018, the State filed motions to revoke these suspended sentences, citing several violations by Appellant, including failure to pay required fees, absconding from supervision, and failing to complete mandated evaluations. After a hearing, Judge Kistler allowed Appellant until May 16, 2018, to comply with the conditions. When he did not appear, a warrant was issued. On July 24, 2018, following further proceedings, the trial court revoked Appellant's remaining suspended sentence. A violation report submitted by the Oklahoma Department of Corrections indicated Appellant failed drug tests and several other requirements. On July 11, 2019, the State sought to supplement the record with an Amended Judgment and Sentence After Revocation, which was granted by the court. **Proposition I:** Appellant claims the revocation constituted an abuse of discretion based on his personal disadvantages. This argument is without merit, as a suspended sentence is a discretionary grace. The State must prove only one violation for revocation. Here, multiple violations were established, and Appellant received considerable leniency but failed to adhere to the conditions of his probation. Thus, no abuse of discretion is shown. **Proposition II:** Appellant asserts that the revocation order omitted credit for time served and mandated post-imprisonment supervision. This concern has been addressed by the filing of the amended revocation orders, rendering this proposition moot. ### DECISION The revocation of Appellant's suspended sentences in Payne County District Court Case Nos. CF-2016-375 and CF-2016-952 is **AFFIRMED**. Pursuant to Rule 3.15, the MANDATE is to be issued upon the filing of this decision. ### APPEARANCES - **For Appellant:** Virginia Banks, Ricki Walterscheid - **For Appellee:** Sierra Pfeiffer, Mike Hunter, Tessa Henry **OPINION BY:** HUDSON, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J.; ROWLAND, J.
In OCCA case No. F 2015-121, the appellant appealed his conviction for first-degree manslaughter. In an unpublished decision, the court decided to affirm the judgment of the district court, but vacated the sentence and remanded the case for resentencing. One judge dissented. The case involved Erica Lashon Harrison, who was accused of murder but was convicted of the lesser charge of first-degree manslaughter. The jury sentenced her to 25 years in prison and a fine of $10,000. Harrison raised multiple issues on appeal. She argued that the state did not prove she was not acting in self-defense, that improper evidence was allowed, and that she did not have proper legal representation. The court reviewed the case and found that the evidence supported the jury's verdict. They determined Harrison's claim of self-defense could not stand as there was not enough evidence to show she was in danger. The court noted that while some incorrect evidence was introduced, it did not affect the conviction. However, they decided that the sentence should be vacated and the case sent back for resentencing due to the improper character evidence brought up during the trial. The judges concluded that this error needed to be addressed, even if the earlier convictions were proper. The opinion recognized that although some arguments made by Harrison were valid, overall, the court found her conviction was supported by overwhelming evidence. The dissenting judges believed the error did not have a significant impact on the jury's decision. They argued that the sentence should not be changed since the evidence clearly proved guilt, even if procedural mistakes were made during the trial. Overall, the court upholds the conviction but sends the case back for a new decision on sentencing. The judges agreed on the main decision, while differing on whether the sentence change was necessary.
In OCCA case No. F-2014-1019, Charles Leonard Bennett, III appealed his conviction for Assault and Battery with a Deadly Weapon. In a published decision, the court decided to affirm the judgment of the district court. One judge dissented. Bennett was found guilty after a trial where the judge, not a jury, listened to the case. He received a sentence of fifteen years in prison. Bennett raised several issues on appeal. He first argued that the evidence did not prove he did not act in self-defense. The court found enough evidence that a reasonable person could decide he was guilty beyond a reasonable doubt. This means they believed the victim and the facts presented at the trial supported the conviction. Bennett also wanted to argue other issues that could lead to a new trial. However, he decided to withdraw those arguments and only focus on the issues that might lead to his case being dismissed or his sentence being changed. He signed a document saying he knew what he was doing by waiving those rights. Another issue was about restitution, which is when a person convicted of a crime has to pay the victim for their losses. Bennett contested the court's order for him to pay restitution because the required paperwork showing the victim's losses was not properly presented during the trial. Since no proof of the victim's financial losses was provided, the court agreed that the restitution order was arbitrary and sent the case back to the district court to properly determine the victim's losses. Overall, while Bennett's conviction was upheld, the court required a re-evaluation of the restitution owed to the victim. The case was sent back to the district court for this purpose, but other than that, the court found no significant errors that would change the outcome of the case.
In OCCA case No. F-2014-580, Christopher M. Turner appealed his conviction for Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions and sentences but vacate the Victims Compensation Assessment and remand the case for a full hearing to properly consider the required factors related to the assessment. One judge dissented.
In OCCA case No. RE-2013-212, Alvin Lavan Johnson appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse Johnson's revocation order and remand the case for further proceedings. One judge dissented. In 2003, Johnson was charged with the felony crime of domestic abuse. After pleading guilty in 2004, he received a suspended sentence of seven years. Years later, the State issued a warrant to revoke his suspension. Johnson was arrested and a revocation hearing took place with a judge and a prosecutor who had both been involved in the previous stages of his case. Johnson argued that this created an unfair situation. In his appeal, Johnson raised several points. He claimed that the delay in processing his case required dismissal. He also argued that it was unfair for the same attorney who had defended him to now be prosecuting him, and that the judge who revoked his sentence was involved in the original case. The State admitted errors but thought that a new hearing would be enough to fix the issues. The court agreed with Johnson on two of his claims, stating that the previous judge and prosecutor had conflicts of interest due to their past involvement in the case. Because of this, the court reversed the revocation order and sent the case back for further examination. Johnson will have a chance to present his arguments, including the claim about the delay, in front of a new and impartial judge. The court concluded that the other claims raised by Johnson didn’t need to be discussed at this time.
In OCCA case No. F-2012-732, Omar Sharrod Pollard appealed his conviction for Unlawful Distribution of a Controlled Dangerous Substance (crack cocaine). In an unpublished decision, the court decided to affirm Pollard's conviction but modified his sentence. One Justice dissented. Here’s a breakdown of what happened in this case: 1. **Background**: Pollard was tried by a jury and found guilty of selling crack cocaine. He had prior felony convictions, which were used to enhance his sentence. The jury decided on a punishment of forty years in prison. 2. **Issues on Appeal**: Pollard raised several points in his appeal: - He claimed that he did not receive a fair trial due to the admission of multiple felony convictions from the same event to enhance his sentence. - He alleged prosecutorial misconduct that he believed made his trial unfair. - He argued that he did not receive effective help from his lawyer during the sentencing phase. - He said that information about his previous suspended sentences should not have been shared with the jury during the trial. - He questioned whether there was enough evidence for his conviction. - He thought his sentence was too long. - He claimed the accumulation of errors in his trial prevented a fair process. 3. **Court's Findings**: The court reviewed Pollard's claims. They concluded that while he did not need to reverse the conviction, his sentence needed to be adjusted. The court acknowledged two specific errors concerning how the State presented Pollard's prior convictions and the details of his past sentences to the jury. 4. **Errors Identified**: - It was wrong for the jury to hear about Pollard’s multiple felony convictions from the same incident. The law states that for estimating punishment, the jury should only be aware of one conviction from a single event. - Additionally, disclosing that some of his previous sentences were suspended was inappropriate. This information could have biased the jury against him and influenced their decision on sentencing. 5. **Conclusion**: The court felt that these mistakes likely swayed the jury's decision on Pollard's punishment. Therefore, they decided to reduce Pollard's prison sentence from forty years to twenty-five years. The judgment of the district court was affirmed, but Pollard's sentence was modified to a lesser term of 25 years in prison.
In OCCA case No. C-2013-309, the petitioner appealed his conviction for possession of controlled substances and possession of contraband. In a published decision, the court decided to deny his request to withdraw his guilty plea and affirmed the lower court's judgment and sentence. One justice dissented. The case involved Joseph Leonard Cox, Jr., who entered a guilty plea to charges related to drug possession. This plea was part of a deal to resolve two separate cases. The court sentenced him to ten years in prison for one charge and five years for another, with some fines. The sentences would run at the same time, which means he would serve them together. Later, Cox wrote a letter that seemed to ask to take back his guilty plea. The court had a hearing about this but decided not to let him withdraw the plea. Cox's main arguments were that he was pressured into his plea, his lawyer did not help him enough, and he wanted a new hearing to challenge his plea. However, the court found that there wasn’t enough evidence to show he was coerced into pleading guilty. They also determined that his legal representation during the hearing was sufficient. The court noted that the rules allowed for his past time in jail to be counted toward his sentence, and they directed the lower court to correct its records to reflect this. In summary, they denied his request but agreed on the correction of his time served in the sentencing documents. Thus, the earlier decision of the district court was largely upheld.
In OCCA case No. F-2011-1047, Melvin Edward Dan appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and possession of a firearm after previous juvenile adjudication for a felony. In an unpublished decision, the court decided to affirm the convictions for robbery and burglary, but reverse the conviction for possession of a firearm. One judge dissented.
In OCCA case No. C-2010-1113, Rodney Gene Cullins appealed his conviction for several drug-related crimes. In an unpublished decision, the court decided to modify his fine but otherwise affirmed the trial court's judgment and denied his request to withdraw his guilty pleas. One judge dissented. Rodney Cullins was convicted of multiple felonies related to drugs, including manufacturing methamphetamine and possession of methamphetamine and marijuana. He entered a plea agreement that included participating in a Drug Court program, which he did not successfully complete, leading the state to seek his removal from the program. As a result, he was sentenced to life in prison and given various fines. Cullins later tried to withdraw his guilty pleas, claiming double jeopardy (being punished for the same crime twice), receiving incorrect information about his sentencing, and arguing that his sentences were too harsh. However, the court found that he had not raised some of these issues during his trial, making it difficult for them to review his case fully. For one issue regarding a fine that was too high, the court agreed and lowered the fine on one of his charges from $50,000 to $10,000. The court maintained that all other aspects of his sentence would remain as originally imposed. In summary, while Cullins had some success in reducing his fines, the bulk of his appeal was not successful, and his prison terms remained intact.
In OCCA case No. F-2009-1002, Rickey Dewayne Prince appealed his conviction for multiple serious crimes, including possession of child pornography, lewd molestation, and first-degree rape. In an unpublished decision, the court decided to modify some of his sentences but upheld his convictions. One judge dissented. Rickey Dewayne Prince faced a jury trial where he was found guilty on multiple counts related to child exploitation and abuse. His punishment included lengthy prison sentences, with certain counts requiring him to serve them consecutively, leading to a total of many years behind bars. After the trial, Prince raised several arguments in his appeal. He claimed that he did not receive a fair trial due to various reasons. These included improper support for the victims' testimonies by a nurse, errors in how the charges were brought, issues regarding the admission of his own statements to police, and claims about his lawyer not doing a good enough job defending him. The court reviewed these points carefully. They found that while some mistakes occurred, like using the wrong statute for charging possession of child pornography, the overall outcome of the trial was justified. The judges believed that the evidence presented during the trial strongly supported Prince's convictions, even without additional corroborating details from other sources. In some points of his appeal, Prince's arguments were dismissed because he did not raise them in time during the trial, which limited how much the court could consider his issues. They also decided that any errors that did happen were not serious enough to change the trial's verdict or give him the right to a new trial. As a result, while some of Prince's sentences were adjusted to be less severe, the court affirmed many of his convictions for serious crimes against children, keeping him under a long prison sentence for his actions. The court made changes to the official records to properly reflect the legal basis for his convictions while confirming that he did not face unfair treatment during his trial.
In OCCA case No. F-2008-579, Thomas Clinton Ledgerwood appealed his conviction for Maiming, Domestic Abuse Involving Great Bodily Injury, and Kidnapping. In an unpublished decision, the court decided to reverse Ledgerwood's conviction for Kidnapping and affirm the other convictions. One judge dissented.
In OCCA case No. F-2005-987, Jimmy Douglas Letterman appealed his conviction for unlawful possession of controlled drug (methamphetamine), unlawful possession of marijuana, possession of a firearm while in commission of a felony, and unlawful possession of paraphernalia. In an unpublished decision, the court affirmed his convictions for possession of methamphetamine, possession of a firearm during the commission of a felony, and unlawful possession of paraphernalia, but reversed his conviction for unlawful possession of marijuana, with instructions to dismiss. One judge dissented.
In OCCA case No. F 2005-391, Steven Antonio Wooden appealed his conviction for robbery with firearms. In a published decision, the court decided to affirm Mr. Wooden's convictions, but modified his sentences from thirty years to twenty years each, and ordered the sentences to run concurrently. Two judges dissented regarding the reduction of the sentences. Mr. Wooden was found guilty in two separate robbery cases after a jury trial held in Oklahoma County. The trial took place on January 11th and 12th, 2005, and the jury set his punishment at thirty years for each robbery. The judge ordered these sentences to be served one after the other, which made his total sentence more than fifty years. Mr. Wooden argued that his trial was unfair due to several errors, including the following points: 1. He believed that combining the two robbery cases into one trial hurt his chances for a fair trial. 2. He thought he was not tried by an unbiased judge, which he believed was a serious mistake and should grant him a new trial. 3. He said that evidence from phone calls he made from jail was unfair and did not help prove that he was guilty. 4. He argued that the police officer's comments about him being out of jail on the day of the robberies were misleading and not right. 5. He mentioned that it was wrong to bring up his silence after being arrested, which he said violated his rights. 6. He thought his jury should have been told about parole rules and how sentences are supposed to work. 7. Finally, he felt that all these problems together made his trial unfair. The court looked carefully at the whole case and all the arguments that Mr. Wooden made. They said that the joining of the two robbery cases did not harm his right to a fair trial. They noted that no significant prejudice from this decision had been proven. They also believed that the judge was not biased, but pointed out that the way the judge announced what would happen if Mr. Wooden chose a jury trial did not follow the rules properly. Specifically, the judge needed to think about whether Mr. Wooden should serve his sentences at the same time instead of one after the other. Though the court acknowledged that some errors occurred during the trial, they concluded that these mistakes did not change the outcome of the case significantly. They found the mistakes regarding the sentence structure were serious enough to modify Mr. Wooden's total prison time. However, they decided that the robbery convictions were correct and would not be changed. In summary, Mr. Wooden's convictions remained in place, but his total prison time was lessened and the sentences would now be served at the same time.
In OCCA case No. C-2004-850, the petitioner appealed her conviction for five crimes. In a published decision, the court decided to deny the appeal for most of the convictions, but they did reverse and dismiss one misdemeanor count. One judge dissented.
In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.
In OCCA case No. C-2001-514, the petitioner appealed her conviction for First Degree Murder (by permitting child abuse). In an unpublished decision, the court decided to affirm the conviction but modify the sentence from life imprisonment without the possibility of parole to a life sentence with the possibility of parole. One judge dissented.
In OCCA case No. F-2000-1304, Michael Renee Powell appealed her conviction for manufacturing controlled dangerous substances (CDS), unlawful possession of methamphetamine, maintaining a place for keeping and selling drugs, and unlawful possession of paraphernalia. In an unpublished decision, the court decided to reverse and dismiss the conviction for manufacturing CDS due to insufficient evidence. It noted that the conviction for maintaining a place for keeping and selling drugs would be modified to a misdemeanor instead of a felony. The court affirmed the convictions for the other counts. One judge dissented regarding the reversal of the manufacturing charge, believing there was enough evidence to uphold that conviction.