Appeal Archives - Page 13 of 17

F-2004-997

Post author:Staff
Post published:April 3, 2006
Post category:F

In OCCA case No. F-2004-997, Johnny Freddy Locust appealed his conviction for burglary in the first degree. In an unpublished decision, the court affirmed the judgment but modified his sentence to fifteen years imprisonment. One judge dissented in part, expressing disagreement with the court's decision to modify the sentence without it being raised in the appeal. Johnny Freddy Locust was found guilty by a jury for breaking into a building without permission. He was sentenced to twenty years in prison and a fine after the trial judge decided his punishment. Locust appealed, saying that the trial had mistakes. He argued that the instructions given to the jury were wrong and that the evidence did not prove he was guilty. He also claimed his lawyer did not do a good job defending him, and that overall, the errors during the trial meant that he did not get a fair chance. During the appeal, the court looked closely at what Locust's arguments were and reviewed the evidence from his trial. They found that while there was a mistake in not giving the jury proper instructions about consent, this mistake did not change the outcome of the trial. They agreed that even though the instructions were important, Locust still had enough evidence against him to be found guilty. The court also said that even though his lawyer could have done better by not asking for the right instructions, this did not likely change the trial's final result. In the end, they decided to lower his prison sentence from twenty years to fifteen years. The judgment against him for breaking and entering remained the same, and he still had to pay the fine. One judge disagreed with the decision to change the sentence because it was not an issue brought up during the appeal, believing that the matter had been overlooked. Overall, Locust's appeal led to a shorter prison term, but his conviction still stood.

F-2004-1081

Post author:Staff
Post published:March 28, 2006
Post category:F

In OCCA case No. F-2004-1081, Charles Edward Moore, Jr. appealed his conviction for robbery with firearms, kidnapping, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm most of his convictions and modify some sentences. One of the judges dissented. Charles Edward Moore faced serious charges and was found guilty by a jury. He received a total of fourteen years for each robbery, ten years for each kidnapping, and ten years for possession of a firearm related to a past felony. The judge ordered that Moore serve these sentences one after the other. On appeal, Moore argued several points. First, he believed he was unfairly punished for two separate robbery counts concerning the same incident. However, the court decided that this did not violate any laws about double punishments. Next, Moore claimed a conflict between his robbery conviction and the charge for possession after a felony. The court agreed with Moore regarding this point and reversed his conviction for that charge. Additionally, Moore argued that the trial court made an error by not allowing a jury instruction about his eligibility for parole. The court found this to be a mistake but decided to change the sentences for the robbery convictions from fourteen years to ten years each. The court maintained the trial judge's decision to have the sentences served consecutively. Moore also argued that he did not receive effective help from his lawyer, but the court believed that his case would not have ended differently even with better representation. He further disagreed with the court's admission of evidence about his past wrongdoings, but the court denied that claim too. Lastly, Moore asserted that the combined errors during his trial should lead to a reversal. The court disagreed and upheld the decisions made during the trial. In summary, while the court agreed to modify some of Moore's sentences, it affirmed most of the convictions and found no significant errors that would affect the overall outcome of the trial.

F 2004-1124

Post author:Staff
Post published:March 10, 2006
Post category:F

In OCCA case No. F 2004-1124, the appellant appealed his conviction for Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. The case involved Keith William Matson, who was convicted in Garvin County for shooting with the intent to kill. On May 17, 2004, he chose to have a judge decide his case instead of a jury. However, when the judge made the decision on August 10, 2004, Mr. Matson was not present, and he did not get the chance to hear closing arguments from his lawyer before the verdict was given. Mr. Matson raised a number of issues in his appeal. He argued that the judge should not have been able to make orders after a certain date, that the way the judge found him guilty was not allowed by Oklahoma law, and that he was not there when the judgment was announced. He also claimed that he had been denied a fair trial because of the unusual way the trial was conducted and that he did not get good legal help. The appeals court looked closely at what happened in the trial. It noted that after an earlier attempt to have a jury trial in October 2003 ended in a mistrial because the jury could not agree, Mr. Matson was advised by his lawyer to waive the right to a jury and allow the judge to review transcripts of the earlier trial. However, the law clearly states that a defendant must be present and allowed to have closing arguments during a trial, which did not happen in Mr. Matson's case. Because of these issues, the appeals court decided that Mr. Matson’s conviction needed to be reversed, and he deserved a new trial. The court stated that it was important to make sure that every defendant has a fair trial and their rights are fully protected. The decision made by the judge during the last trial was found to be a serious mistake, which led to the court ruling in favor of a new trial for Mr. Matson. In summary, the court found that the procedure used in Mr. Matson's trial did not follow the law and was unfair, which is why they reversed the conviction and called for a new trial.

F 2004-1238

Post author:Staff
Post published:March 3, 2006
Post category:F

In OCCA case No. F 2004-1238, James Alan Wade appealed his conviction for Embezzlement of Rented Property. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. Mr. Wade was found guilty by a jury of embezzling a rented car and was sentenced to twenty years in prison. He appealed this conviction, raising several arguments. He claimed there wasn't enough evidence to prove his prior felony convictions and that his sentence was too harsh. He also argued that his lawyer didn’t do enough to protect his rights during the trial. The court looked closely at whether there was enough proof that Mr. Wade had committed the crime he was accused of. One key point was whether the car he rented was valued correctly according to the law. The court found that the prosecution didn't provide evidence proving the car's value was over $1,000, which is necessary for the embezzlement charge. Because of this lack of evidence, the court decided that Mr. Wade should not have been convicted and ordered that the case be dismissed. The dissenting judge, however, thought that there was enough evidence for the jury to make their decision and believed the conviction should be upheld.

F-2004-1266

Post author:Staff
Post published:February 10, 2006
Post category:F

In OCCA case No. F-2004-1266, Darrell W. Hogan appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse Hogan's conviction and remand for a new trial. One judge dissented. Hogan was found guilty of killing his cellmate, James Wise, at the prison. On the morning of February 24, 2004, Wise had threatened Hogan with a knife. Later, Hogan killed Wise by choking him with a laundry bag drawstring and then called for help, but Wise died weeks afterward. Hogan confessed to the crime when investigators spoke with him. During his trial, Hogan was supposed to have nine chances to dismiss potential jurors, known as peremptory challenges, but he was only allowed five. He argued that this was unfair and violated his rights. The court agreed with Hogan's argument, stating that denying him the proper number of peremptory challenges was a serious mistake. They ruled that he deserved a new trial where he would have all his legal rights. The dissenting judge felt that the mistake was not harmful and that Hogan did not prove he was disadvantaged by the limited number of challenges, and therefore, the trial's outcome should have been upheld.

F-2004-691

Post author:Staff
Post published:February 2, 2006
Post category:F

In OCCA case No. F-2004-691, Cleon Christopher Johnson appealed his conviction for multiple crimes including third-degree arson, robbery with a firearm, accessory after the fact to shooting with intent to kill, and possession of a stolen vehicle. In a published decision, the court decided to reverse the conviction for third-degree arson, but affirmed the convictions for the other charges. One judge dissented regarding the reversal of the arson conviction. Johnson was charged with serious crimes in Tulsa County and was found guilty by a jury. They gave him a total of 89 years in prison for his actions. On appeal, Johnson argued that there was not enough evidence for the arson conviction, that the robbery charge was not proven, and that there was misconduct during the trial. The court agreed with Johnson that there wasn't enough evidence to prove he committed arson, as the value of the property burned was not established. They stated that to prove third-degree arson, it's necessary to show the value of the property was at least $50. Since there was no proof of this value, that specific conviction was overturned. However, they found that there was enough evidence to support the robbery conviction. The jury was able to conclude that Johnson played an important role in that crime. On the point of prosecutorial misconduct, the court mentioned that Johnson's attorney did not object at trial, which limited their review. The comments made during the trial were not serious enough to be considered a significant error. So, the final decision was to reverse the third-degree arson conviction and send it back for dismissal, while upholding the other convictions against Johnson. One judge thought that the evidence was strong enough to support the arson conviction and disagreed with the reversal.

RE-2004-1015

Post author:Staff
Post published:January 18, 2006
Post category:RE

In OCCA case No. RE-2004-1015, the appellant appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence for Lewd Molestation and reverse the revocation of the suspended sentence for Rape in the First Degree. One judge dissented. The appellant had previously entered a plea of no contest in 2001 to charges of Rape in the First Degree and Lewd Molestation. After this, he was given a ten-year sentence for each charge, which was suspended. However, in 2003, the State filed an Application to Revoke the appellant's suspended sentences, claiming he had violated several conditions of his probation, such as not paying fees and not attending counseling. During a hearing, the appellant admitted to violating the terms of his probation. Initially, the court held off on revoking his sentence to give him chances to comply with the rules. However, after several reviews and additional hearings, the court eventually revoked his sentences in 2004. The appellant argued that the court did not have the right to keep reviewing his case or to revoke his sentences because he believed the last filed application to revoke had expired by that time. The court found that it had been monitoring the appellant's progress, showing that it was acting out of leniency. The appellant also stated that he was not properly notified of the issues to be addressed at the last hearing. In the court's decision, it was explained that when someone admits to violating probation rules, it is generally accepted that the court can act on that admission. The court noted that the legal standard for revoking a suspended sentence is not very high and concluded that they did not find any error with the decision during the hearings. However, the appellant sought to vacate his conviction for Rape, claiming he was underage at the time of the offense and thus legally not able to have committed the crime as defined by the law. The court ultimately agreed with the appellant that there was a critical error regarding the age requirement for a Rape conviction. They decided to reverse the revocation of that particular sentence and stated that the Judgment and Sentence for Count I should be vacated and dismissed entirely. So, the final decision was to keep the revocation of the sentence for Lewd Molestation but to remove the conviction for Rape due to the age issue, allowing for a correction of that mistake in legal proceedings.

F-2004-430

Post author:Staff
Post published:January 13, 2006
Post category:F

In OCCA case No. F-2004-430, the appellant appealed his conviction for first-degree manslaughter. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. William Antwyoe Watson was accused of killing Steven Roberson, but Watson argued he acted in self-defense. The jury had found him guilty of first-degree manslaughter and sentenced him to four years in prison. Watson believed he was defending himself when Roberson attacked him in his home. The appeals court looked carefully at the evidence and found that Watson had been attacked earlier that evening. Roberson had entered Watson's apartment unlawfully and threatened him. The court decided that the state did not prove Watson was not acting in self-defense when he used a knife to protect himself. Therefore, they believed he should be found not guilty. Because of this, the court reversed Watson's conviction and said the case should be dismissed. The issues raised by Watson regarding the trial were no longer needed to be discussed, as the main decision was significant enough. In summary, the court concluded that Watson's actions were justifiable based on the circumstances he faced, and they reversed his conviction for manslaughter.

F 2004-773

Post author:Staff
Post published:January 2, 2006
Post category:F

In OCCA case No. F 2004-773, Alfonzo Daniel appealed his conviction for Lewd Acts with a Child under Sixteen and Making Indecent Proposals to a Child under Sixteen. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Mr. Daniel was charged with serious crimes in Oklahoma. He went to trial, where the jury found him guilty of two counts. He was given twenty years for each count, and the sentences were to be served one after the other, making it a total of forty years. Mr. Daniel thought the trial was unfair for many reasons and decided to appeal. He raised several complaints about what happened during the trial. He argued that a videotaped interview of him should not have been allowed because it was wrongly obtained. He also claimed the judge didn’t watch the whole tape before deciding it was involuntary. He felt that certain information, known as hearsay, was also improperly shared during the trial, and that some testimonies were included which didn’t really connect to his case. Mr. Daniel believed he couldn't properly defend himself because his questioning of the witness was limited and some rules given to the jury were unfair. After looking through all the records and arguments, the court agreed that the admission of the videotaped interview was a significant mistake. The court stated that this mistake was not minor and could have affected the jury’s decision. Therefore, they decided to send the case back for a new trial, where these mistakes could be corrected. The other points Mr. Daniel raised were not examined further since the first mistake was enough to warrant a new trial. The judge who disagreed believed that the errors made were not significant enough to change the outcome of the trial and felt the conviction should stand.

F 2004-577

Post author:Staff
Post published:December 22, 2005
Post category:F

In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for multiple counts of serious crimes, including First Degree Rape and Forcible Oral Sodomy, following a jury trial in Oklahoma County. In an unpublished decision, the court decided to reverse the convictions and order a new trial. One judge dissented. Marion Lewis was found guilty of several serious charges after a trial where he represented himself. He went to trial and was sentenced to life without the chance for parole for most counts and twenty years for another. He believed the court did not properly warn him about the risks of representing himself and raised concerns about his mental ability to stand trial. He also argued that the trial court did not allow him enough time to prepare his defense, which he felt hurt his case. The court found that the trial judge did not give Lewis enough time after he was allowed to represent himself just a few days before the trial started. This lack of time made it hard for him to gather witnesses and evidence that he thought were important for his defense. The court decided the denial of his request for more time was unfair and violated his rights. In the end, the court reversed Lewis's convictions and ordered a new trial, agreeing that the trial process had not been fair. However, one judge disagreed, believing that the trial court acted correctly in denying the request for more time, stating that Lewis had not shown he would have been able to present a strong defense even if he had been given more time.

F-2004-1112

Post author:Staff
Post published:December 16, 2005
Post category:F

In OCCA case No. F-2004-1112, Stanley Trammell appealed his conviction for First Degree Murder and Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Trammell was found guilty of murdering someone and also for shooting with the intent to kill. He received a life sentence for the murder and a four-year sentence for the shooting, which would be served one after the other. Trammell claimed that during his trial, he was not allowed to tell the jury that he acted in self-defense, which he believed was unfair. He also said that the court didn’t let him share information about the victim's character, which he thought was important for his case. The court looked closely at the trial records and decided that Trammell should have been allowed to explain that he was defending himself during the incident. Because of this mistake, the court concluded that Trammell was entitled to a new trial where he could present his defense properly.

F 2004-161

Post author:Staff
Post published:November 15, 2005
Post category:F

In OCCA case No. F 2004-161, James Robert Bonomelli appealed his conviction for three counts of crimes. In a published decision, the court decided to affirm the judgment of the trial court and modify the sentence. One judge dissented. Bonomelli was found guilty of having child pornography, possessing a firearm as a felon, and having marijuana. The jury decided on long sentences, which added up to a total of 100 years in prison. Bonomelli claimed he did not have enough time to prepare a proper defense for his trial because the court did not let him postpone it. He also believed that the sentences were too harsh. After looking at the facts and Bonomelli's arguments, the court agreed that the judge should have allowed Bonomelli more time for his defense but decided that he did not prove this made his lawyer ineffective. However, they thought the total 100-year sentence was too much for him. They decided that the punishment should be reduced to 40 years in total, with all counts running at the same time instead of one after another. This means Bonomelli would spend a maximum of 40 years in prison instead of 100.

F-2004-939

Post author:Staff
Post published:September 27, 2005
Post category:F

In OCCA case No. F-2004-939, the appellant appealed his conviction for manufacturing methamphetamine and possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to modify the sentences for both convictions to seven years each, affirming the judgment in other respects. One judge dissented.

C-2005-120

Post author:Staff
Post published:September 19, 2005
Post category:C

In OCCA case No. C-2005-120, Charles Hackney McBride appealed his conviction for Manufacturing a Controlled Dangerous Substance and Unlawful Possession of Marijuana. In a published decision, the court decided to grant McBride's request and remand the case for a hearing on his motion to withdraw his guilty plea. One judge dissented. McBride had entered a guilty plea to the charges in January 2004 and was placed in a rehabilitation program. After completing the program, he was sentenced in January 2005 to life imprisonment for manufacturing the controlled substance and one year in the county jail for marijuana possession. Eight days after his sentencing, McBride sought to withdraw his guilty plea, claiming his sentence was too harsh and he had not waived his right to a hearing. However, the district court denied his motion without holding a hearing, which was mandatory according to court rules. The appeals court acknowledged that McBride was entitled to this hearing to ensure proper procedures were followed. Therefore, the court decided to require the district court to hold an evidentiary hearing on McBride's application to withdraw his plea, allowing him another chance to defend his claims.

C-2004-598

Post author:Staff
Post published:August 12, 2005
Post category:C

In OCCA case No. C-2004-598, Seno McKinley Speed appealed his conviction for multiple charges, including possession of a controlled substance, eluding a police officer, and resisting an officer, among others. In a published decision, the court decided to grant Speed’s request to withdraw his guilty pleas for the misdemeanor charges and allowed him to proceed to trial. The court agreed there was no factual basis for those misdemeanor pleas, which led to the decision. There was no dissent in this case.

F-2004-110

Post author:Staff
Post published:August 9, 2005
Post category:F

In OCCA Case No. F-2004-110, Kelly Dallas Evans appealed his conviction for Burglary in the Second Degree and Possession of Burglary Tools. In a published decision, the court decided to affirm his convictions and sentences, although they modified the fine for the possession of burglary tools. One justice dissented. Evans was found guilty by a jury of burglary after they considered his past felony convictions. The jury recommended a life sentence for the burglary and a one-year jail sentence for having burglary tools, along with a fine. Evans argued that the prosecutor made unfair comments about his silence during the trial, that his life sentence was too harsh for a property crime, and that the fine for the misdemeanor was too high. The court examined Evans' complaints. They noted that his claims about the prosecutor’s comments were not raised during the trial, meaning they were looked at carefully for any major mistakes. They found that the prosecutor's remarks did not directly point to Evans not testifying but were more about the weak defense he presented. On the issue of his life sentence, the court recognized that it seemed severe, but they upheld it based on Evans' criminal history, saying it did not shock their sense of fairness. Regarding the fine for possession of burglary tools, the court agreed it was too high and decreased it to the correct maximum amount. In summary, the court confirmed Evans' long prison term for the burglary but changed the fine for the other charge.

F-2004-368

Post author:Staff
Post published:June 10, 2005
Post category:F

In OCCA case No. F-2004-368, an individual appealed his conviction for multiple counts of sexual crimes against his daughter. In a published decision, the court decided to affirm the convictions for Second Degree Rape, Forcible Sodomy, and Second Degree Rape by Instrumentation, but reversed the conviction for Lewd Molestation. One judge dissented on the Forcible Sodomy count. Tommie Loyd Payne was charged with numerous sexual offenses in Muskogee County, with the jury acquitting him of 97 counts but convicting him on 4. The court sentenced him to a total of 70 years in prison, with some sentences to be served one after the other. Payne raised several issues on appeal. He argued that the conviction for Forcible Sodomy violated double jeopardy because the jury instructions blended different elements of the crimes, which could have led to a wrongful conviction based on the same actions. However, the court found that the jury's understanding of the separate charges made this error negligible, so the convictions stood. He also contended that Lewd Molestation should not be punished because it was a lesser included offense of Rape by Instrumentation. The court agreed that both charges referred to the same act, which violated the prohibition against double jeopardy, resulting in the reversal of the conviction for Lewd Molestation. Finally, Payne pointed out that the trial court did not complete a pre-sentence investigation before sentencing, which was a mandatory requirement. However, the lack of this investigation was found to be a harmless error. Overall, the court upheld the serious convictions against Payne while addressing significant legal standards regarding double jeopardy and trial procedures.

F-2004-666

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-666, the appellant appealed his conviction for failure to register as a sex offender. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to two years imprisonment. One judge dissented. The case involved Steven Randel Hargrove, who was found guilty by a jury for not registering as a sex offender, which is a legal requirement for people with certain criminal backgrounds. He was sentenced to five years in prison by the judge, following the jury's recommendation. Hargrove appealed, arguing several points regarding his trial and conviction. First, he claimed that there wasn't enough evidence to prove that he intentionally failed to register. He felt this violated his rights as protected by the U.S. Constitution and the Oklahoma Constitution. The court reviewed the evidence and decided that while it was unclear if he had intentionally failed to register, there was enough evidence for a reasonable jury to conclude otherwise. Therefore, his argument on this point was denied. Second, Hargrove argued that he did not get good representation from his lawyer. He felt his lawyer made mistakes that harmed his case. The court agreed that his lawyer should have tried to keep certain information about Hargrove's past offenses from the jury. This information likely influenced the jury to give him a harsher sentence. As a result, the court recognized this as a significant issue. Finally, Hargrove believed his sentence was too harsh and that the mistakes made during the trial denied him a fair trial. Since the court agreed with him about the ineffective assistance of counsel, they decided to change his sentence from five years to two years in prison. In summary, the court upheld Hargrove's conviction but reduced his prison time due to the errors made during his trial. One judge disagreed with this decision, believing there was not enough proof of Hargrove's intent to fail to register as a sex offender.

F-2004-576

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-576, Jimmy Allen Phillips appealed his conviction for two counts of Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgments but modify the sentences to be served concurrently. One judge dissented. Phillips was found guilty after a trial in the Rogers County District Court. The jury recommended that he serve a total of 34 years in prison—12 years for the first count and 22 years for the second count. Phillips argued that he did not get a fair trial because of inappropriate remarks made by the prosecutor during closing arguments. The court examined the entire case, including records and evidence presented. They agreed that some comments made by the prosecutor were improper and potentially harmful. For example, the prosecutor suggested his personal belief in the case and made remarks that tied the actions to a divine judgment, which the court found inappropriate. Despite recognizing these issues, the court concluded that they did not warrant a complete reversal of the convictions. Instead, they determined that Phillips’ sentences should run concurrently, meaning he would serve the time at the same time rather than back-to-back. This decision aimed to address the improper comments while still upholding the jury's verdict.

F-2004-197

Post author:Staff
Post published:June 8, 2005
Post category:F

In OCCA case No. F-2004-197, McNeil appealed his conviction for possession of a controlled substance, resisting an officer, and speeding. In an unpublished decision, the court decided to reverse the convictions and remand the case for a new trial. One judge dissented. McNeil was convicted by a jury for three counts: possession of methamphetamine, resisting an officer, and speeding. The judge sentenced him to two years in prison for the drug charge and imposed fines and jail time for the other charges. McNeil believed he did not get a fair trial for several reasons. Firstly, he argued that the jury heard about other crimes that did not relate to the current case, which might have made them think he was a worse person than he actually is. Secondly, he claimed that a police officer made comments during the trial that unfairly influenced the jury against him. In reviewing the case, the court found that one of the officer’s comments was particularly damaging and could have influenced the jury's decision. The judge's warnings to the jury did not fix the problem, and since the evidence against McNeil was not strong, it was decided he deserved a new trial. Because the appeal was successful based on these issues, the court did not need to discuss the other points McNeil raised about his trial. The outcome was that McNeil's conviction was overturned, and the case was sent back for a new trial where he could have another chance to defend himself.

RE-2004-593

Post author:Staff
Post published:May 17, 2005
Post category:RE

In OCCA case No. RE-2004-593, the Appellant appealed his conviction for revoking his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify the length of the sentence. One judge dissented. The case began when the Appellant, after pleading guilty to Sexual Battery, was sentenced to five years in prison, which was suspended under certain conditions. However, he did not follow these conditions, leading to the State filing a motion to revoke his suspended sentence multiple times. Initially, the Appellant missed treatment sessions, failed to pay necessary fees, and showed a lack of effort to engage in his treatment. After some violations, he had a short revocation of sixty days. Later, the State found he had violated other conditions, such as not registering as a sex offender and changing his residence without informing his probation officer. During the hearing, the judge decided that the Appellant had not followed the rules, thus revoking his suspended sentence and requiring him to serve five years in prison. The Appellant argued that since he had already lost sixty days, his remaining time should be less than five years. The State agreed, stating it should be four years and ten months instead. The court acknowledged the Appellant’s previous short revocation and made the necessary adjustment to his sentence length. Although the Appellant argued the full revocation was too harsh, the court upheld the trial judge’s decision, stating that it was within their discretion to revoke the sentence based on the Appellant's repeated failures to comply with probation rules. In conclusion, the court upheld the decision to revoke the Appellant's remaining suspended sentence but corrected the duration of time he was required to serve.

C-2003-1334

Post author:Staff
Post published:May 10, 2005
Post category:C

In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

F-2004-82

Post author:Staff
Post published:March 29, 2005
Post category:F

In OCCA case No. F-2004-82, Billy Dale Lathrop appealed his conviction for multiple crimes, including conspiracy to manufacture methamphetamine and child endangerment. In a published decision, the court decided to affirm the convictions for conspiracy, possession of methamphetamine, possession of precursor chemicals, and possession of paraphernalia, but to reverse the convictions for child endangerment. Three judges dissented regarding one of the convictions.

J-2004-1117

Post author:Staff
Post published:March 2, 2005
Post category:J

In OCCA case No. J-2004-1117, the appellant appealed his conviction for First Degree Murder and three counts of Assault with Intent to Kill. In a published decision, the court decided to affirm the denial of the appellant's request to be certified as a Youthful Offender but reversed the decision regarding the Assault charges, allowing those to be tried as a Youthful Offender. One judge dissented. The case began when the appellant was charged as an adult with serious crimes, including murder. The appellant wanted to be treated as a Youthful Offender, which would mean he could receive rehabilitation instead of severe punishment. A special judge conducted hearings to decide if the appellant could be certified as a Youthful Offender, meaning he would be tried in a different system designed for young people. During the hearings, expert witnesses gave differing opinions about whether the appellant could be helped and rehabilitated if treated as a Youthful Offender. One expert believed the chances were good, while others thought the appellant needed more time to be rehabilitated. Based on all the information and expert opinions, the judge decided not to certify the appellant as a Youthful Offender and instead required him to be tried as an adult for the murder charge. On appeal, the appellant argued three main points: first, that the judge made a mistake by not certifying him as a Youthful Offender, second, that the judge should have removed himself from the case, and third, that he should not have been charged as an adult for the Assault with Intent to Kill counts since those should be treated as Youthful Offender crimes. The court looked at the evidence presented in the trial, including testimonies from experts and details of the appellant's life. The conclusion was that the judge did not abuse his discretion in deciding the appellant should be tried as an adult for the murder charge. However, the court did agree with the appellant concerning the Assault with Intent to Kill charges; since he was between 15 and 17 and those charges are typically handled differently, the court ordered that he be processed as a Youthful Offender for those counts. In the end, the court upheld the decision regarding the murder charge but reversed the decision on the Assault with Intent to Kill charges, indicating that the appropriate course was for those to be treated under the Youthful Offender system.

F-2003-1297

Post author:Staff
Post published:March 2, 2005
Post category:F

In OCCA case No. F-2003-1297, Thomas Edward Gale appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to uphold most of his convictions but reversed one of them. One judge dissented. During the trial, Gale was found guilty of making methamphetamine and possessing certain substances that can be used to create drugs. He received a long prison sentence and a hefty fine. Gale argued that he should not have been punished twice for having two different precursor substances without a permit and also claimed that some of the evidence against him was not strong enough. The court found that Gale's actions of making meth and having precursor substances without a permit were different crimes, so it was okay for him to be convicted for both. However, they agreed that he should not have been convicted for both types of precursor substances because that counted as one crime. So, they reversed that part of the decision. The court decided that there was enough evidence to prove that Gale was keeping a place where drugs were used and sold. They also concluded that his sentence and fine were appropriate. In the end, the court upheld Gale's sentences for most of the crimes but dismissed one of the precursor possession convictions.