Appeal

J-2010-653

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In OCCA case No. J-2010-653, the appellant appealed his conviction for multiple charges, including arson and assault on a police officer. In an unpublished decision, the court decided to reverse the juvenile court's order certifying the appellant as an adult. Two justices dissented. The appellant, who was around seventeen-and-a-half years old at the time of the incidents, faced serious charges, including arson and endangering human life. The state wanted to treat him as an adult, and a judge agreed to this on June 25, 2010. However, the appellant's defense argued that the state did not provide clear and convincing evidence to support this decision. During the appeal, the court examined whether the evidence justified treating the appellant as an adult. The judges noted that the law allows for such decisions only in exceptional cases, where a child is deemed not able to benefit from rehabilitation provided in juvenile programs. The appellant's side argued that he was receptive to treatment, as shown by his actions post-incident. He was receiving proper medical treatment after struggling with prescription medication and alcohol use, and he was advancing in his rehabilitation efforts. The justices found that the evidence presented showed the appellant was amenable to treatment and could be rehabilitated if kept within the juvenile system. The court emphasized that just because the acts committed were serious does not mean the child should be treated as an adult without proper evidence. Ultimately, the appeal resulted in the reversal of the certification order, meaning the appellant should not be treated as an adult and should be retained in the juvenile system. The dissenting opinions raised concerns about the risks of letting the appellant remain a juvenile, suggesting that not treating him as an adult could endanger the community given the serious nature of his actions. They believed that the judge's original decision should have been upheld. In conclusion, the majority opinion favored rehabilitation over punishment as an adult, highlighting the importance of the juvenile justice system's focus on the potential for reform and supervision.

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M 2009-1064

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In OCCA case No. M 2009-1064, Jesse Douglas Stein appealed his conviction for Domestic Abuse- Assault and Battery. In a published decision, the court decided to reverse the Judgment and Sentence and remand the matter for a new trial. One judge dissented. Jesse Douglas Stein was charged with domestic abuse and had a trial without a jury. He was found guilty and got a sentence that included some jail time and a fine. However, Jesse claimed that he did not properly give up his right to have a jury trial, which is really important. The court found that there was not enough proof that he made this choice in a clear and smart way. During the appeal, the State tried to add more information to the case, but the court decided that this new information did not prove that Jesse had given up his right to a jury trial the right way. Because of this mistake, the court said that they would send the case back for a new trial where Jesse could have a jury. The judges agreed that they needed to reverse the earlier decision because of the issues with the jury trial waiver. They did not need to look at other reasons Jesse gave for appealing since they already decided to reverse the decision and start fresh. In summary, Jesse's conviction was overturned, and he was given another chance for a trial with a jury.

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C-2009-542

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In OCCA case No. C-2009-542, Gatewood appealed his conviction for Trafficking in Illegal Drugs and Using a Telephone to Cause the Commission of the Crime of Trafficking in Illegal Drugs. In an unpublished decision, the court decided to grant Gatewood's petition for writ of certiorari, allowing him to withdraw his pleas. One judge dissented. Roscoe Curtis Gatewood, Jr. was in trouble because he was accused of selling drugs and using a phone to help with that crime. He decided to plead guilty to these charges with the advice of his lawyer. The judge gave him a long sentence. Gatewood later wanted to change his plea because he felt his lawyer had a conflict of interest. The conflict happened because both Gatewood and his girlfriend, who was also accused, were represented by lawyers from the same law firm. Gatewood's girlfriend decided to testify against him in exchange for a lighter sentence. This meant Gatewood's lawyer could not defend him as well because he was also looking out for the girlfriend's best interests. The court agreed that this was a serious problem, which unfairly affected Gatewood's case. As a result, the court allowed Gatewood to take back his guilty pleas, meaning he could go to trial instead. The decision to reverse the previous ruling was made so Gatewood could have a fair chance to defend himself. In summary, the court found that Gatewood's rights were harmed because of his lawyer's conflicting duties, and they reversed his conviction so he could have another chance in court.

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F-2009-407

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In OCCA case No. F-2009-407, Thomas Ray Young appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to be served concurrently. One judge dissented. Young was found guilty of sexually abusing his daughter and was sentenced to four life terms in prison, which the jury recommended to be served one after the other. Young raised several issues in his appeal, including claims that the trial court made errors by allowing certain evidence, giving confusing jury instructions, allowing expert testimony that supported the complainant's credibility, and examples of prosecutorial misconduct. Additionally, Young argued that the accumulated errors denied him a fair trial. The court carefully assessed the evidence admitted during the trial. Young contested evidence about past physical abuse towards his daughter and son, as well as a 1979 sexual assault against a teenager. The court found that references to the past abuse of the daughter were relevant to understand why she may have been hesitant to report the sexual abuse. The mention of his son was seen as proper because it challenged the credibility of a defense witness. However, evidence regarding the 1979 sexual assault had minimal relevance and could have been too prejudicial. Regarding jury instructions, the court found the trial judge's instructions were tailored to the evidence, even though they were not standard. The court decided that these instructions did not create errors. The expert witnesses presented by the state were seen as helpful rather than harmful to the case; they did not improperly support the credibility of the complainant. The court ruled that most of the prosecutor's comments during trial did not warrant a problem, except for some details about Young's criminal past, which could have unfairly influenced the jury. The court believed that the modification of Young's sentences to run concurrently addressed any potential unfairness. In summary, the court affirmed Young's conviction but changed his sentences to be served at the same time instead of one after another.

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F-2009-236

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In OCCA case No. F-2009-236, James Lee Copeland, Jr. appealed his conviction for Attempted Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but ordered the district court to correct the official record to properly reflect the conviction and remove an incorrect statement about parole eligibility. One judge dissented.

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F-2009-1

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In OCCA case No. F-2009-1, Hoffman appealed his conviction for three counts of Unlawful Distribution of a Controlled Substance. In an unpublished decision, the court decided to modify his sentence to ten years in each count but affirmed the conviction. One judge dissented, suggesting the sentences should be served at the same time rather than one after the other.

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C-2008-1155

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In OCCA case No. C-2008-1155, Sean Phillip Gillen appealed his conviction for Distribution of Controlled Dangerous Substance to a Minor, Rape in the Second Degree, Unlawful Possession of Drug Paraphernalia, and Obstructing an Officer. In a published decision, the court decided to deny the appeal for three of the counts but allowed Gillen to withdraw his plea for the fourth count. One judge dissented. Gillen had entered guilty pleas to all counts in a previous court. He was given ten years in prison for the first two counts and one year for the last two counts, all to be served at the same time. After some time, Gillen wanted to withdraw his guilty pleas, claiming various issues, including that he was not competent to make the plea, and that he did not have good legal help. The court looked at several issues. It found that Gillen was competent to enter his guilty plea because he had previously been deemed competent only a few months before. The judge in the initial court talked with Gillen, and Gillen understood what he was pleading guilty to. Also, since his lawyer did not question Gillen’s competence during the plea hearing, the court believed it was acceptable to keep the plea. However, when considering the plea for the count of Obstructing an Officer, the court found that there was not enough evidence to support this charge. The record showed that when asked if a runaway was inside the house, Gillen first said no but then admitted that the runaway was there. The court couldn’t see this as a clear act of obstruction. On the other issues, the court found that Gillen's pleas to the other counts were made knowingly and willingly. It rejected Gillen's claims that he did not have good legal help and that his sentence was too harsh. The court ruled that the ten-year sentence for his serious charges was not shocking and was appropriate. In summary, the court decided that Gillen could not take back his pleas for the first three counts but could withdraw his guilty plea for the fourth count, which was about obstructing an officer. The dissenting judge believed that Gillen should have a hearing to discuss whether he really understood what it meant to plead guilty without a deal, considering his past mental health issues.

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F-2009-47

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In OCCA case No. F-2009-47, Kenneth Simmons appealed his conviction for Manslaughter in the First Degree. In an unpublished decision, the court decided to vacate the sentence and remand for re-sentencing. One judge dissented. Mark Kenneth Simmons was found guilty of Manslaughter after his trial for Murder in the First Degree. The jury gave him a fifteen-year prison sentence. He appealed, saying the trial court made an error by not informing the jury that he had to serve at least 85% of his sentence before being eligible for parole. The law in Oklahoma states that people convicted of specific crimes, like First Degree Murder or Manslaughter in the First Degree, must serve at least 85% of their sentence before they can be considered for parole. In a previous case, the court decided that jurors should know about these rules when they are deciding on a sentence. During the trial, when the jury asked if they needed to consider the 85% rule, the court told them to continue deliberating without giving any additional information. This was seen as a mistake. The State argued that this mistake did not affect the outcome significantly, but the court disagreed and said it was clear this lack of instruction was a big error. Because of this error, the court couldn’t be confident that the jury fully understood the implications of the sentence they handed down. The court decided that a new sentence should be determined, either by a properly instructed jury or by the District Court if the jury was waived by Simmons. The court affirmed the judgment but vacated the sentence, meaning they believed he should be tried again for sentencing.

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F-2008-1041

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In OCCA case No. F-2008-1041, David Roland Boschee appealed his conviction for robbery with a firearm and related charges. In a published decision, the court decided to affirm most of the convictions but reversed one related to possession of a firearm after a felony. One judge dissented from the decision. Boschee was found guilty after a jury trial for several offenses, including robbery with a firearm. The court sentenced him to a total of 25 years in prison for his serious crimes. Boschee raised several arguments in his appeal regarding the fairness of his trial and the legitimacy of the multiple charges against him. Firstly, he argued that it was unfair to force him to defend against two robbery charges in one trial. The court found no abuse of discretion in joining these cases, meaning they decided it was reasonable to have them heard together. Secondly, Boschee contended that his convictions for both robbery and possessing a firearm with a defaced serial number were against the law because they represented double punishment for the same act. However, the court disagreed, stating these were separate offenses and did not violate any statutes. Thirdly, Boschee argued that he was wrongfully convicted of two counts of possessing a firearm after a felony. The court agreed that there was not enough evidence to support two convictions and decided to dismiss one of these counts. The court also found that his argument about receiving ineffective assistance from his lawyer was without merit, concluding that his rights were not violated in this regard. In summary, the court upheld most of Boschee's convictions but agreed that one count of possession should be dismissed. The judges had different opinions, with one judge dissenting, stating that the joining of the robbery charges may have harmed Boschee’s case.

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F-2007-1133

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In OCCA case No. F-2007-1133, Jona Ann Montgomery appealed her conviction for Second Degree Murder and Leaving the Scene of a Fatality Accident. In an unpublished decision, the court decided to reverse the conviction for Second Degree Murder and affirmed the conviction for Leaving the Scene of a Fatality Accident. One judge dissented. Jona Ann Montgomery was tried in Pittsburg County for her involvement in a tragic incident where she hit two children with her car while speeding near a crowded football game. The younger child, a ten-year-old girl, unfortunately died, while her brother survived. After the accident, Montgomery left the scene but left behind her belongings in the car. The main issue in Montgomery's appeal was the trial court's refusal to instruct the jury on the possibility of a lesser charge known as Misdemeanor Manslaughter. Initially, the law at the time of Montgomery's trial did not permit this instruction, and her attorney argued against it. However, shortly after the trial, a higher court changed its stance on this law, ruling that driving while impaired could indeed be used for a Misdemeanor Manslaughter charge. Montgomery argued that she should receive a new trial based on this new rule. The court reviewed the situation and agreed that the trial court had made a mistake by not allowing the jury to consider this lesser charge. They believed that a fair jury could have potentially found Montgomery guilty of Misdemeanor Manslaughter instead of Second Degree Murder, given the circumstances of the case. Montgomery also raised concerns about other evidence that was presented during her trial. This included items found in her vehicle that were linked to drug use and remarks made during the trial suggesting she showed no remorse for her actions. The court found that much of this evidence was not necessary and could unfairly bias the jury against Montgomery. The decision ultimately led to the reversal of her conviction for Second Degree Murder because of the instructional error on Misdemeanor Manslaughter, while they upheld the conviction for Leaving the Scene of a Fatality Accident. The judges aimed to ensure that future trials would avoid the errors found in Montgomery's case.

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S-2009-235

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In OCCA case No. S-2009-235, Angel Chavez appealed his conviction for Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm the trial court's ruling, which granted a motion to suppress evidence. The court found that the police officer did not have enough reason to keep Chavez detained after a traffic stop, meaning the search that followed was not valid. One judge dissented.

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C-2009-410

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In OCCA case No. C-2009-410, the petitioner appealed his conviction for possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to remand the case for an evidentiary hearing regarding the petitioner's motion to withdraw his guilty plea. One judge dissented. The case revolved around the petitioner who had pled guilty to possessing methamphetamine. He had a plea deal where he was supposed to receive a five-year sentence, but ultimately, he was given a ten-year sentence instead. After his sentencing, the petitioner believed that the judge did not follow the plea agreement correctly and moved to withdraw his guilty plea. The trial court did not hold a hearing on his motion, which the petitioner argued was unfair. He raised several concerns, including that there was no clear reason for his guilty plea, that he might not have been competent to enter the plea, and that he didn’t receive proper help from his lawyer. He also claimed the sentence and other penalties were too harsh. After reviewing everything, the OCCA found that there should have been a hearing on the petitioner's request to withdraw his guilty plea. They ordered the trial court to have a hearing where the petitioner could present his case and have a lawyer help him. The hearing needed to happen within 45 days, and if the motion was denied, the court was to send the details to the OCCA, where the petitioner could appeal if he wished. In summary, the court decided that the petitioner deserved another chance to explain his reasons for wanting to withdraw his guilty plea, and a proper hearing should take place to address those issues.

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F-2008-97

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In OCCA case No. F-2008-97, the appellant appealed her conviction for child neglect. In an unpublished decision, the court decided to reverse her conviction. One judge dissented. The appellant, Kristie K. Thompson, was found guilty by a jury for not providing proper medical care for her child’s rash. The case was heard in the Stephens County District Court, where she was sentenced to six months in jail. She appealed the conviction for several reasons, including claims that the instructions given to the jury were incorrect and that she should have been given a chance for a lesser charge. After carefully reviewing the evidence and the arguments, the court found that there was not enough proof to show that she willfully neglected the medical needs of her child. They concluded that no reasonable person could have decided she was guilty based on the evidence. Therefore, they reversed her conviction and instructed the lower court to dismiss the case. Since they found a major error related to the evidence, the court decided not to address the other claims made by the appellant. The court issued their decision based on the principle that everyone deserves a fair trial and that guilt must be proven beyond a reasonable doubt.

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F-2008-538

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In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

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F-2007-909

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In OCCA case No. F-2007-909, Val Wilkerson appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgment but modified his sentence from thirty years to fifteen years imprisonment. One judge dissented. Val Wilkerson was found guilty by a jury in Haskell County for a serious crime. The jury decided on a punishment of thirty years in prison. After the trial, Wilkerson felt that things went wrong and he raised several points to appeal. First, he argued that the State used too much unfair evidence from other incidents that made him look bad. He thought this made the trial unfair. Second, he believed it was wrong for the prosecutors and police to mention that he had stayed quiet when asked questions. Third, he said the court did not give the jury the correct instructions. Lastly, he claimed that all these mistakes together made his trial unfair. The Court looked over everything carefully and agreed that the way other crimes were presented was a problem. They found that even though some earlier actions of Wilkerson were similar to what he was accused of, the older incidents happened a long time ago and should not have been brought up so much in his trial. The Court determined that while some bad evidence was allowed, the main evidence against Wilkerson was enough for the jury to find him guilty. However, the additional bad evidence likely influenced the length of the sentence because the prosecutor asked the jury to consider these past actions when deciding on punishment. Since the Court believed that the jury was distracted by this unfair evidence while deciding on the punishment, they changed the sentence to fifteen years instead of thirty. They also concluded that other issues raised by Wilkerson either did not affect the trial’s fairness or were fixed by the trial court’s instructions. In summary, the court upheld the conviction but agreed that the punishment was too harsh and lowered it. One judge disagreed and believed the case should be tried again.

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RE-2007-1233

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In OCCA case No. RE-2007-1233, Jeffrey Allen Holden appealed his conviction for two counts of First Degree Rape and one count of First Degree Burglary. In an unpublished decision, the court decided to reverse the District Court's ruling and dismiss the State's application to revoke Holden's suspended sentence. One judge dissented. Holden had originally entered a guilty plea and was given a long sentence with part of it suspended. However, he was accused of violating probation by contacting the victim while in prison. The rules say that a hearing to revoke a suspended sentence needs to happen within twenty days after the guilty plea. When the second hearing wasn't conducted on time, Holden argued that the court didn't have the power to proceed. The court ultimately agreed with Holden, ruling that the process was not followed correctly, and because of this, they did not have the authority to go forward with the revocation. Therefore, the case was sent back with instructions to dismiss the application.

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F-2008-963

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In OCCA case No. F-2008-963, Richard Lloyd VanMeter appealed his conviction for Driving Under the Influence of Intoxicating Liquor-Second Offense and multiple new charges. In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate him in the program based on the conditions of his plea agreement. One judge dissented.

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C-2008-593

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In OCCA case No. C-2008-593, Alan Daniels appealed his conviction for Unlawful Cultivation of Marijuana. In a published decision, the court decided to deny his appeal but modified his sentence. One judge dissented. On July 14, 2005, Daniels pled guilty to growing a small marijuana plant. The judge deferred sentencing for five years, making him serve ten days in jail and pay a $1,000 fine. Later, the State found that he violated the terms of his plea deal, and on February 14, 2006, the judge sentenced him to life in prison. Over the next two years, Daniels tried to withdraw his guilty plea and appeal the decision. Daniels' plea was reviewed on June 12, 2008, but the district court upheld the plea and denied his request. Daniels then appealed to a higher court, asking to withdraw his plea and have a new trial, or to change his sentence. The issues raised included whether the evidence showed he violated probation, if his plea was entered knowingly and voluntarily, and if his sentence was too harsh. The court found that the evidence was enough to prove that Daniels broke the rules set during his probation. The court also found that Daniels's guilty plea was made knowingly. However, the court believed that a life sentence for growing a small marijuana plant was too extreme. They decided to change his sentence to five years in prison instead.

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C-2007-1009

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In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

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C 2008-448

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In OCCA case No. C 2008-448, Franklin Savoy Combs appealed his conviction for grand larceny. In an unpublished decision, the court decided to allow Combs to withdraw his plea. One judge dissented. Combs was charged with grand larceny after two checks were stolen while he was visiting someone's home. He entered an Alford plea, meaning he accepted a punishment without admitting guilt, thinking it would be in his best interest. Combs was sentenced to five years in prison, with four years of that time suspended. Later, Combs sent a letter to the court saying he wanted to change his plea because he believed he was not guilty since he did not actually steal anything. The court agreed to a hearing where Combs explained that he didn't commit the crime. However, the court decided not to let him withdraw his plea. Combs then appealed this decision and raised two main points: he didn't understand what he was doing when he entered his plea, and there wasn't enough evidence to support his plea. The appeals court reviewed the case and decided that the original court made mistakes. They noted that there was not enough factual basis for Combs to plead guilty. In fact, they found that he might actually be innocent of the charges based on the facts presented. The appeals court said that Combs should be allowed to take back his plea and sent the case back to the lower court for further actions based on their ruling. Overall, the court agreed that Combs did not enter his plea knowingly and voluntarily, and they concluded their findings by granting him the chance to withdraw his Alford plea.

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F-2007-848

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In OCCA case No. F-2007-848, Marvis Evans appealed his conviction for robbery with a firearm, possession of a firearm after felony conviction, and pointing a firearm at another. In an unpublished decision, the court decided to affirm the convictions for robbery with a firearm and possession of a firearm but reversed and dismissed the conviction for pointing a firearm. One judge dissented. Marvis Evans was found guilty by a jury in Oklahoma County for several serious crimes. The jury decided he should spend twenty years in prison for each crime, but some sentences would be served at the same time. Evans argued that he was punished unfairly because of double jeopardy, meaning he did not think he should be tried and punished for the same act in two different ways. He also claimed there wasn't enough proof to prove he committed the crimes. The court looked at Evans's arguments closely. They found that he was guilty of robbery and possession of a firearm, and the law does allow for those two separate charges. However, they agreed that Evans was punished too harshly for pointing a firearm, which they decided to dismiss because it was too similar to the robbery charge. In the end, the court confirmed that he was guilty of robbery and possession of a firearm, but not for pointing a firearm. They ruled that the evidence against him was strong, including being caught shortly after the crime and making incriminating statements to police. Therefore, the court upheld part of his punishment but removed one conviction.

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F-2007-340

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In OCCA case No. F-2007-340, Robert Dewayne Hayes, III appealed his conviction for First Degree Murder Youthful Offender, Shooting with Intent to Kill, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his convictions for First Degree Murder and Assault with a Dangerous Weapon, but reversed the conviction for Shooting with Intent to Kill with instructions to dismiss. One judge dissented.

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F-2007-336

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In OCCA case No. F-2007-336, Michelle Ann Barry appealed her conviction for First-Degree Murder. In an unpublished decision, the court decided to reverse her conviction and remand for a new trial. One judge dissented. Michelle Ann Barry was found guilty of murdering her infant daughter, Andrea Heath. The jury decided on a life sentence for Barry. Barry argued that the evidence against her was not strong enough to prove she was guilty. Her main point was that the evidence only suggested she might be guilty but did not rule out other possibilities of who could have harmed her child. The court explained that it had to look at the evidence in a way that favored the state. They concluded that the jury could have believed Barry was the one who harmed her daughter. This was largely because the only other person awake during the incident was Barry's five-year-old son, who was too small to cause the injuries. Barry also claimed her lawyer did not do a good job defending her in court. To win this point, she had to show that her lawyer made serious mistakes and that those mistakes changed the outcome of her case. She pointed out that her lawyer failed to object to certain evidence that could have hurt her chances in the trial, like bad character evidence about her lifestyle and drug use. The court agreed with Barry that her lawyer's performance was lacking. They noted that her lawyer didn’t challenge negative testimony that could mislead the jury, and importantly, did not find experts to counter the claims made about her son’s physical inability to cause the injuries. Due to the many mistakes made by her lawyer during the trial, the court felt that Barry's conviction couldn’t stand. They reversed her conviction which means she would have a chance at a new trial to present her case again. One judge dissented, believing that the conviction should be upheld.

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F-2007-616

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In OCCA case No. F-2007-616, Donald and Tanya Dorr appealed their convictions for various drug-related charges. In a published decision, the court decided to reverse and dismiss all of their convictions. One judge dissented. Donald Dorr was found guilty of growing and possessing marijuana, carrying a firearm as a felon, and possessing drug paraphernalia. He received a 20-year prison sentence and other fines. His wife, Tanya Dorr, was convicted of marijuana cultivation and possession, receiving a suspended sentence and a fine. The Dorrs argued that the police searched their property illegally. They raised several issues about the search, including that it was based on observations from a helicopter without a warrant, and that their consent to search the property was not given freely. The court found that the initial observation from the helicopter did not violate their rights, as the police were allowed to look from the air. However, the Dorrs raised valid points about the lack of a search warrant. The court noted that police did not show there was immediate danger that required them to act quickly without a warrant. The officers had enough time to get a search warrant after spotting the marijuana. The court also considered the circumstances under which Donald Dorr gave consent to search. They found that the large presence of armed officers, along with a helicopter overhead, likely made it challenging for Dorr to give genuine consent. The judges decided that the officers acted inappropriately by not seeking a warrant and that the consent given was not voluntary. Since the evidence obtained from the search was considered illegal, the court concluded that all charges against the Dorrs should be dismissed. This decision rendered the other arguments made by the Dorrs unnecessary. Therefore, all convictions against Donald Dorr and Tanya Dorr were reversed and dismissed.

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RE 2007-0484

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In OCCA case No. RE 2007-0484, Shaun Lee Gessel appealed his conviction for multiple charges including unauthorized use of a motor vehicle and threatening a witness. In a published decision, the court decided to affirm the revocation of his suspended sentences but ordered the cases to be sent back to the District Court for re-sentencing to fix the errors related to how the sentences were to run. One member of the court dissented.

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