In OCCA case No. F-2018-513, Bobby Lee Ruppel, Jr. appealed his conviction for assault with a dangerous weapon and robbery with a weapon. In an unpublished decision, the court decided to affirm Ruppel's conviction but vacated the restitution order, meaning a proper determination of the victim's economic loss must take place. One judge dissented.
In OCCA case No. F-2018-391, Zachary Troy King appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Zachary Troy King was found guilty by a jury in a case where he was accused of injuring a child. The jury decided that he had caused harm to the child, and he was sentenced to twenty years in prison, with the first fifteen years needing to be served. King argued four main points in his appeal. First, King said that the evidence presented in his trial was not strong enough to prove he committed child abuse. He claimed that the injuries to the child were not clearly caused by him, and he thought the jury should not have convicted him. However, the court believed that there was enough evidence for any reasonable person to conclude that King did injure the child. Second, King claimed that the judge made a mistake by not allowing a mistrial after the prosecution introduced certain evidence. He argued that this evidence was not important or added to the case in a meaningful way. Yet, the court felt that the testimony included by the prosecution was relevant to proving injuries were intentionally inflicted rather than accidental. Third, King accused the prosecutor of acting unfairly during the trial, which made it hard for him to get a fair trial. The court reviewed the prosecutors' actions and felt there were no significant errors that would have impacted the trial's fairness. Lastly, King argued that the collection of mistakes in his trial added up to take away his right to a fair hearing. But, since the court did not find any errors that would require a reversal of the conviction, the claim was also denied. In conclusion, the court upheld the jury's decision and the trial judge's actions, stating that King received a fair trial and that there was enough evidence to support the conviction. The judgment from the trial court was confirmed, and King will continue to serve his sentence.
In OCCA case No. F-2017-710, Alex Moore appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm his conviction. One judge dissented. Alex Moore was accused of killing his cellmate, Todd Bush, in a prison. On the evening of March 6, 2014, while they were locked in their cell, an officer checked on them but did not enter the cell. Later, another officer found Moore with Bush on the floor and called for medical help. Despite efforts from medical staff, Bush was pronounced dead at the hospital. Moore claimed Bush had fallen while drinking, but the investigation revealed signs of a struggle and injuries that suggested he had been attacked. The medical examiner determined that Bush died from strangulation and that the injuries were not consistent with a fall. During the trial, the prosecution introduced evidence of Moore's previous assaults on other inmates as part of their case, arguing that these incidents showed he had a pattern of violent behavior. The defense argued that Bush's death could have been accidental. The trial court allowed photographs of the victim's injuries to be presented as evidence, despite Moore's objection that they were too gruesome. The court ruled that these images were relevant to the evidence and helped to prove how Bush died. Moore also raised concerns about the prosecution's statements during jury selection and whether he had been informed of his right to testify. The court ruled that the prosecutor's comments were within proper bounds and that there was no requirement for a formal acknowledgment of Moore's right to testify. Overall, the appeals court found no legal errors significant enough to reverse the trial court's decision, affirming Moore's conviction for murder.
In OCCA case No. F-2018-541, Daniel Jeremiah McKay appealed his conviction for Failure to Register as a Sex Offender. In an unpublished decision, the court decided to affirm his conviction and the seven-year prison sentence. One judge dissented. McKay was originally charged with two things: sexual abuse of a child under 12 and failing to register as a sex offender. He was found not guilty of the first charge but convicted of the second. The jury gave him a sentence of seven years in prison, which the judge approved. He argued that his sentence was too long, claiming it should have been the minimum of four years because the jury was influenced by information related to the charge he was acquitted of. The court explained that they would not change the sentence unless it was extremely unfair. The law allowed for a sentence from four years to life for failing to register. The court also discussed that evidence from his past, including previous convictions and how he had dealt with sentences before, could be looked at by the jury when deciding the punishment. The judges stated that since McKay's sentence was only three years more than the legal minimum and much less than the maximum, it did not seem unreasonable. McKay's arguments about the sentences and the evidence were not enough to convince the court to change its decision. Therefore, they kept the original conviction and sentence.
In OCCA case No. F-2017-769, Tyrees Dotson appealed his conviction for Murder in the Second Degree. In a published decision, the court decided to affirm Dotson's conviction and sentence. One judge dissented. Tyrees Dotson was found guilty of Murder in the Second Degree after a trial in which he received a sentence of thirty years in prison. The judge ordered that this sentence would start after he completed another sentence he was already serving. During the trial, Dotson raised several issues. First, he argued that it was unfair for the court to allow the jury to hear a witness's earlier testimony instead of having the witness speak during the trial. Dotson thought this hurt his case. However, the court found that the state had tried hard to find the missing witness and was fair in allowing the earlier testimony. Dotson also claimed there were problems with other evidence presented during the trial. He believed that some photos of the victim were too much and could make the jury feel very emotional instead of making a fair decision. The court disagreed and said that the evidence was important to explain the situation. Another issue Dotson raised was that the state unfairly removed some black jurors from the jury. The court looked at this claim and found that the state's reasons for removing those jurors were based on valid, non-racial reasons. Dotson also said that his lawyer did not do a good job defending him, which made it unfair. The court found no evidence that his lawyer's actions harmed his case. Finally, Dotson felt that all the mistakes in the trial added up to make it unfair. However, since the court found no significant errors, they decided that there was also no cumulative error. Overall, the court concluded that Dotson's conviction and sentence were valid and went on to say that a small error in the paperwork needed fixing but did not affect the outcome of the case. Thus, his appeal was turned down.
**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-232** **Summary Opinion** **Appellant:** Courtney Quillen **Appellee:** The State of Oklahoma **Decided on:** May 30, 2019 **Judge:** Kuehn, Vice Presiding Judge **Background:** Courtney Quillen appealed the revocation of her concurrent seven-year suspended sentences issued by Judge Gregory D. Pollard. She had been convicted in two cases for several counts of Uttering a Forged Instrument. **Key Dates:** - **August 25, 2016:** Quillen entered nolo contendere pleas in two cases. - **March 3, 2017:** The State filed a motion to revoke her suspended sentences for failing to pay fees. - **February 26, 2018:** A revocation hearing was held, leading to the decision to revoke her sentences. **Charges and Allegations:** The State alleged that Quillen committed additional crimes (robbery and conspiracy) while on probation, which constituted violations of her probation terms. **Decision:** The court concluded that: - The alleged procedural errors regarding the twenty-day rule did not affect the court's ability to revoke the sentences from Case No. CF-2015-817 since it had jurisdiction over that case. - The evidence presented established that Quillen had participated in a robbery, thus justifying the revocation of her suspended sentences. **Propositions of Error:** 1. **Jurisdiction challenge** - Denied; revocation in Case No. CF-2015-817 upheld. 2. **Validity of waiver regarding twenty-day rule** - Moot. 3. **Insufficient evidence for robbery** - Denied; evidence supported the involvement in robbery and conspiracy. 4. **Insufficient evidence for conspiracy** - Denied; Quillen was shown to have conspired with co-defendants. 5. **Ineffective assistance of counsel** - Moot due to affirming the revocation based on other factors. 6. **Abuse of discretion in revocation** - Denied; trial court acted within its discretion. **Final Order:** The Court affirmed the decision of the District Court of Pontotoc County to revoke Quillen’s concurrent suspended sentences. **Mandate Issued.** [Full opinion and details available here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-232_1734699237.pdf).
In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for violating the terms of his suspended sentence. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence. One judge dissented. Samuel Keith Carolina had originally been sentenced to twenty years for burglary, but the last ten years were suspended while he followed certain rules. However, in December 2017, the state accused him of committing several new crimes, including assault and battery with a deadly weapon and shooting with intent to kill. Some of these claims were removed before the revocation hearing. At the hearing held on January 30, 2018, the judge found enough evidence to support the state's claims, specifically the first allegation. Carolina argued that the evidence was not strong enough to prove he broke the terms of his sentence. The court explained that to revoke a suspended sentence, the evidence just needs to show that it's more likely true than not, meaning the evidence has to be convincing. Ultimately, because they found that there was enough evidence to support at least one of the violations, the court decided to uphold the revocation of Carolina's suspended sentence.
In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the order of the District Court revoking his suspended sentence. One justice dissented. Samuel entered a guilty plea to burglary and was given a suspended sentence, which meant he would not serve his full sentence unless he broke the rules. However, after some time, the State accused him of committing new crimes, which led to the revocation hearing. The court found enough evidence to support the claims against him and revoked his suspended sentence. On appeal, Samuel argued that the evidence presented was not sufficient to prove he had committed the new crimes. However, the court explained that for revoking a suspended sentence, the state only needs to show that it is more likely than not (a preponderance of the evidence) that the person violated the terms. Since the court found that the state met this burden, they confirmed the decision to revoke Samuel's sentence.
OPINION ORDER GRANTING APPLICATION FOR EXTRAORDINARY RELIEF AND REMANDING MATTER TO DISTRICT COURT On November 29, 2018, Petitioner, by and through counsel Melissa A. French, filed an application for an…
**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **DANA MECHELE LANGLEY,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2017-1036** **SUMMARY OPINION DENYING CERTIORARI** **HUDSON, JUDGE:** Petitioner Dana Mechele Langley was charged in the Tulsa County District Court with multiple counts, including **Lewd Molestation**, **Enabling Child Sexual Abuse**, and **Child Sexual Abuse**. Langley entered a blind plea of guilty to these charges on June 19, 2017. Following a hearing, Judge Sharon K. Holmes sentenced her to significant prison terms. On September 6, 2017, Langley, through her counsel, filed an application to withdraw her guilty plea, which led to the appointment of conflict counsel. After a hearing, her request was denied. Langley then sought a writ of certiorari, raising three propositions of error: 1. The trial court's denial of the motion to withdraw her guilty plea was plain error and an abuse of discretion due to an inadequate factual basis. 2. Denial of effective assistance of counsel during both the plea hearing and the plea withdrawal hearing. 3. The sentences imposed were excessive given the circumstances. **DECISION:** After reviewing the complete record, including transcripts and exhibits, the Court found no grounds for relief. **Proposition I:** The claim regarding the factual basis for the lewd molestation counts was not raised at the withdrawal hearing; thus, it was procedurally defective and not properly before the Court. **Proposition II:** The ineffective assistance claim was similarly waived as it was not included in her motion to withdraw. Furthermore, the Court found sufficient evidence supporting the factual basis of her pleas, dismissing claims about the inadequacy of representation. **Proposition III:** The sentences were consistent with statutory ranges and did not shock the conscience of the Court. **CONCLUSION:** The Petition for Writ of Certiorari is **DENIED**, and the judgment and sentence from the district court are **AFFIRMED**. **Pursuant to Rule 3.15, RULES OF THE OKLAHOMA COURT OF CRIMINAL APPEALS, the MANDATE is ORDERED issued upon delivery and filing of this decision.** --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1036-1_1733900854.pdf)
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JAREN GLENN SELLERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-925** **Filed May 23, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Jaren Glenn Sellers appeals from the revocation of his suspended sentences in Pontotoc County District Court Case No. CF-2012-390. On September 13, 2013, Appellant entered negotiated Alford pleas to First Degree Rape (21 O.S.2011, § 1114) (Count 1) and Forcible Sodomy (21 O.S.2011, § 888) (Count 2). He was sentenced to a term of imprisonment for ten years on each count, all suspended, to be served concurrently. On January 16, 2018, the State filed an amended application to revoke the suspended sentences alleging that Appellant committed the new crime of Aggravated Assault and Battery. A revocation hearing was held on August 27, 2018, before the Honorable Gregory Pollard, Special Judge. Judge Pollard granted the State's application and revoked seven years of Appellant's ten-year suspended sentences. On appeal, Appellant asserts the revocation was excessive. **ANALYSIS** At a hearing where the State seeks revocation of a suspended sentence, the question is whether the suspended portion of the sentence should be executed. The court makes a factual determination as to whether the terms of the suspension order have been violated. The violation need be proven only by a preponderance of the evidence. A trial court's decision to revoke a suspended sentence should not be overturned absent a finding of an abuse of discretion. We do not find the decision to revoke seven years of Appellant's suspended sentences to be an abuse of discretion. The credibility of witnesses and the weight given their testimony are within the exclusive province of the trier of fact, who may believe or disbelieve the witnesses as it desires. The decision of the trial court to revoke a suspended sentence, in whole or in part, is within the sound discretion of the trial court and will not be disturbed absent an abuse thereof. Judge Pollard considered all evidence presented during the revocation hearing. His decision to partially revoke Appellant's suspended sentence cannot be considered an abuse of discretion. **DECISION** The order of the district court of Pontotoc County revoking a portion of Appellant's suspended judgments and sentences in Case No. CF-2012-390 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. --- **AN APPEAL FROM THE DISTRICT COURT OF PONTOTOC COUNTY** **THE HONORABLE GREGORY POLLARD, SPECIAL JUDGE** **APPEARANCES ON APPEAL** **COUNSEL FOR DEFENDANT:** LLOYD B. PALMER 1609 ARLINGTON ADA, OK 74820 **COUNSEL FOR APPELLANT:** MARK P. HOOVER INDIGENT DEFENSE SYSTEM P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR THE STATE:** TARA M. PORTILLO ASST. DISTRICT ATTORNEY P.O. BOX 146 ADA, OK 74821 **ASST. ATTORNEY GENERAL:** MIKE HUNTER JENNIFER B. MILLER COUNSEL FOR APPELLEE 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 **OPINION BY:** KUEHN, V.P.J. **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-925_1734359840.pdf)
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **VESTER VON DOWNUM,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-155** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On June 15, 2015, Appellant Vester Von Downum, represented by counsel, was convicted of Planning/Conspiring/Endeavoring to Perform an Act of Violence in Muskogee County, Case No. CF-2014-656. He was sentenced to ten (10) years, with all but the first two (2) years suspended, subject to rules and conditions of probation. On December 6, 2017, the State filed an Application to Revoke Downum's suspended sentence, alleging he violated the terms of probation by violating a protective order issued in PO-2014-218. At the hearing on February 7, 2018, the District Court of Muskogee County, presided by the Honorable Norman D. Thygesen, revoked the remainder of Downum's suspended sentence. Downum now appeals, presenting the following propositions of error: 1. The State failed to prove by a preponderance of the evidence that Mr. Downum violated the terms of his probation by committing the new crime of violating a protective order; 2. The order of revocation is excessive based on the circumstances; 3. There exists a clerical error in the order revoking the suspended sentence that should be corrected by an order nunc pro tunc. **DECISION:** The revocation of Downum's suspended sentence is AFFIRMED. The scope of review in revocation appeals is limited to the validity of the revocation order. We examine the factual determination and consider whether the court abused its discretion. The trial court's findings will not be disturbed on appeal if there is evidence reasonably supporting them. Downum alleges the State did not prove he violated the protective order. In probation revocations, the State must prove violations by a preponderance of the evidence, and conflicting testimony was presented at the revocation hearing. The victim, T.H., claimed Downum contacted her on Facebook shortly after his release, which she found threatening due to their history. Downum testified the contact was accidental. Given the conflicting evidence, the court found sufficient grounds to support the violation, and we find no abuse of discretion in the decision to revoke Downum's sentence. As to Downum's claim of excessive punishment, we note that violation of even one condition of probation justifies full revocation, especially in this case where the violation occurred less than two weeks after his release. Regarding the clerical error in the Judgment filed February 9, 2018, it correctly reflects the need for a nunc pro tunc order to clarify that Downum was found guilty after a jury trial and not via a guilty plea. **CONCLUSION:** The order of the District Court of Muskogee County revoking Downum's suspended sentence in Case No. CF-2014-656 is AFFIRMED. The matter is REMANDED for entry of an order nunc pro tunc to correct the clerical error. **OPINION BY: LEWIS, P.J.:** **KUEHN, V.P.J.:** Concur **LUMPKIN, J.:** Concur **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **[Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-155_1734703626.pdf)**
In OCCA case No. F-2018-326, #1 appealed his conviction for #stalking. In a (published) decision, the court decided #the State proved that the protective order was valid during the time of the incidents. #2 dissented.
In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.
In OCCA case No. F-2017-1031, a person appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction. One member of the court dissented. Dakota Joe Spainhower was found guilty of first-degree murder for killing his friend, who was a juvenile. The incident occurred after their shift at a local restaurant in July 2016. After receiving a ride home from the victim, Spainhower's mother noticed something strange outside and found a body next to a car, which belonged to the victim. Initially, Spainhower told his mother that the victim had tried to rob him and stabbed him first, prompting him to fight back and stab the victim multiple times. Evidence showed that Spainhower had blood on him and took the victim's keys after the incident. Spainhower's confession to the police was a crucial part of the trial. The court had to determine if this confession was made voluntarily and if he understood his rights when he waived them. There were questions regarding his mental health, education level, and the long duration of his questioning by police, all of which were argued to undermine the validity of his confession. However, the court found sufficient evidence that his confession was voluntary. The court also evaluated whether the evidence presented during the trial was enough to support the murder conviction. They determined that the evidence, including the victim's numerous injuries, was compelling enough for a rational jury to conclude beyond a reasonable doubt that Spainhower was guilty of intent to kill. Spainhower raised concerns about prosecutorial misconduct, claiming that the prosecutor made improper statements during closing arguments. The court assessed these claims and found that any mistakes did not significantly affect the outcome of the trial. Additionally, Spainhower argued that he received ineffective assistance from his counsel. However, the court determined that his counsel acted adequately throughout the trial. Finally, Spainhower claimed that the combination of all the errors he identified deprived him of a fair trial. The court concluded that since no individual errors were found that warranted relief, the cumulative effect of claims also did not provide grounds for a new trial. Thus, the court affirmed the judgment and sentence against Spainhower, maintaining his conviction for first-degree murder with no opportunity for parole.
**OKLAHOMA COURT OF CRIMINAL APPEALS** **Case No. RE-2017-1128** **Elizabeth Kay Sears, Appellant,** **v.** **The State of Oklahoma, Appellee.** **FILED: MAY 16, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** **¶1** This matter is an appeal from the revocation of Appellant Elizabeth Kay Sears' suspended sentence in Logan County District Court Case No. CF-2013-295, presided over by the Honorable Louis A. Duel, Associate District Judge. **¶2** On January 14, 2014, Appellant entered a plea of guilty to two counts of Child Neglect (21 O.S.2011, § 843.5(C)) and one count of Harboring a Fugitive (21 O.S.2011, § 440). She was sentenced to eight years imprisonment for each count, with the first three years of each sentence to be served, while the remaining years were suspended. On October 3, 2014, the District Judge modified Appellant's sentence to five years imprisonment for each count, all suspended, to be served concurrently. **¶3** The State filed a 2nd Amended Motion to Revoke Suspended Sentence on December 29, 2016, citing several probation violations, including new charges of Second Degree Burglary and Possession of Paraphernalia, arising from Logan County District Court Case No. CF-2016-404. **¶4** Appellant was arraigned on January 26, 2017, entered a plea of not guilty, and subsequently requested a continuance for her revocation hearing, which was ultimately heard on October 25, 2017. The court revoked Appellant's five-year suspended sentences in full after considering the evidence and arguments presented. **¶5** In her first proposition of error, Appellant contends that the revocation order should be reversed and dismissed. She argues that there was no valid waiver of the required twenty-day hearing period following her plea of not guilty, as stipulated in 22 O.S.Supp.2016, § 991b(A). She maintains that the record does not sufficiently show she was informed of this requirement; thus, the motion to revoke should be dismissed. **¶6** However, Appellant's request for a continuance of her revocation hearing undermines her argument. The legal precedent established in *Grimes v. State*, 2011 OK CR 16, clearly states that a defendant who acquiesces in or seeks a continuance cannot later claim entitlement to relief based on noncompliance with the twenty-day requirement. Moreover, Appellant does not claim ineffective assistance of counsel regarding this issue, and it is presumed that her attorney acted competently. **¶7** In her second proposition of error, Appellant seeks clarification of the trial court's revocation order, specifically, concerning the credit for time served. Although the State acknowledges a potential misstatement by the trial court about the duration of time credited, Appellant did not raise this issue for correction in the trial court before bringing it to this Court. Typically, we do not intervene without a preliminary determination by the District Court. **¶8** However, we will modify the procedural requirement that previously necessitated an appellant to file a separate motion to address this issue. In the absence of clear clerical error, we remand this matter back to the District Court of Logan County to allow Appellant to seek an order nunc pro tunc regarding the time served, as outlined in her second proposition of error. **DECISION** The revocation of Appellant's suspended sentence in Logan County District Court Case No. CF-2013-295 is AFFIRMED. This case is REMANDED for proceedings consistent with this opinion. A mandate will be issued following the filing of this decision. **APPEARANCES** **Counsel for Defendant:** Lisbeth L. McCarty, Oklahoma City, OK **Counsel for Appellant:** Lane Fitz, Norman, OK **Counsel for State:** Emily Kirkpatrick, Asst. District Attorney, Guthrie, OK **Counsel for Appellee:** Mike Hunter, Oklahoma Attorney General, Oklahoma City, OK **OPINION BY:** KUEHN, V.P.J. **CONCUR:** LEWIS, P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-1128_1734708375.pdf)
In OCCA case No. F-2018-418, Ebrima Tamba appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Ebrima Tamba was sentenced to twenty years in prison for his involvement in trafficking illegal drugs, specifically marijuana. Tamba felt that this sentence was too harsh. He argued that it was unfair because it was longer than the minimum penalty for the crime and that he had less marijuana than what the law required for a more serious charge. He also mentioned that since his arrest, the laws in Oklahoma changed, allowing people with a medical marijuana license to use marijuana legally. However, the court explained that even if laws changed after Tamba's crime, the new laws did not apply to his case. They noted that he was given a sentence that followed the laws in place when he committed the crime, and his sentence was within the legal limits. Tamba also claimed that his lawyer did not help him properly during the trial. He believed his attorney should have challenged how police stopped him and questioned whether the evidence used against him was acceptable. However, the court found that Tamba did not prove that his lawyer's actions negatively affected the outcome of his trial. In conclusion, the court decided that Tamba's twenty-year sentence was appropriate and that his lawyer provided adequate help during his trial. Therefore, his appeal did not lead to any changes in his case.
In OCCA case No. F-2018-289, Anthony Douglass Crisel, Jr., appealed his conviction for Lewd or Indecent Acts with a Child. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Anthony Douglass Crisel, Jr. was found guilty by a jury for engaging in inappropriate conduct with a child. The jury decided that he should spend six years in prison, and he has to serve 85% of that time before he can ask for parole. Crisel claimed that his lawyer did not help him properly during the trial, which he believed went against his rights. He said his attorney made mistakes in three important areas: not opposing a witness’s testimony, not bringing in a witness who was related to the victim, and not challenging the qualifications of an expert witness who testified against him. The court looked closely at these claims and the complete record of what happened during the trial. They explained that to show his lawyer was ineffective, Crisel needed to prove that his lawyer didn’t do their job well and that this affected the outcome of the case. The judges noted that there is a strong assumption that a lawyer’s actions are based on good judgment. For the first claim, Crisel argued his lawyer should have stopped a witness from talking about some old accusations against him. However, the court found that the information the witness shared was already given to the jury through other evidence. Therefore, the lawyer's choice to not object was a reasonable decision. For the second claim, Crisel wanted his brother to testify but did not show how having his brother's testimony would have helped him win the case. The court stated that the lawyer's decision to not call the brother was likely a strategic choice and they won’t question that. Lastly, regarding the expert witness, the court found that the lawyer did question the qualifications of this expert, and since many lawyers might handle this differently, having a different strategy does not necessarily mean the lawyer did a bad job. After reviewing everything, the court concluded that Crisel’s lawyer did not act ineffectively. The judges affirmed the decision of the lower court, and the request for more evidence or hearing on this issue was denied.
In OCCA case No. F-2018-112, Christopher Lewis Whinery appealed his conviction for first-degree murder. In a published decision, the court decided to affirm the conviction. No one dissented. Mr. Whinery was found guilty by a judge without a jury. The case took place in Creek County, where he was sentenced to life in prison and fined $500. His main argument was that the judge made a mistake by allowing his statements to the police to be used against him during the trial. He said that he was in custody and had not been told his rights, which needs to happen before police can question someone. However, the court looked at what happened and found that Mr. Whinery was not in custody when he spoke to the police. This means he wasn’t formally arrested, and his freedom wasn't limited like it would be if he were arrested. Because of this, the police did not need to read him his rights at that time. Since the court agreed that there was no error in allowing his statements, they decided to keep his conviction as is, meaning he will remain in prison for life.
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** --- **A.W.,** **Appellant,** **-VS-** **The State of Oklahoma,** **Appellee.** **No. J-2019-112** --- **I.F.,** **Appellant,** **-VS-** **The State of Oklahoma,** **Appellee.** **No. J-2019-113** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** The Appellants, A.W. and I.F., appeal from an order by Honorable Patrick Pickerill, Associate District Judge, adjudicating them delinquent for participating in a conspiracy to perform an act of violence in Case Nos. JDL-2018-3 and JDL-2018-4 in Pawnee County. The appeals were consolidated for oral argument, with both Appellants asserting three propositions of error. ### FACTS The Appellants were charged as juveniles under 21 O.S.2011, § 1378(A) for planning a school shooting at Pawnee High School on August 7, 2018. A bench trial took place on February 4, 2019. The State's key witnesses included: 1. **D.C.**: A classmate who testified about A.W.'s possession of firearms and I.F. discussing threats made to a girl over social media. 2. **Wesley Clymer**: Chief of Police who reported the threats received through a tip. 3. **Chad Colclazier**: Deputy who testified about interviews with the Appellants and evidence collected, including social media communications and pictures of firearms. 4. **Jimmy Meeks**: Another Deputy who recounted the search of A.W.'s home, where firearms were seized. Judge Pickerill found that Appellants had communicated about a school shooting, and their actions constituted an overt act necessary to establish a conspiracy. Thus, both were adjudicated delinquent. ### PROPOSITIONS OF ERROR 1. **Proposition I**: **Sufficiency of Evidence** Appellants argued the evidence was insufficient for a conviction. The appellate court found that the evidence presented was sufficient to support the trial court's findings beyond a reasonable doubt. 2. **Proposition II**: **Hearsay Statements** Appellants claimed the court erred by allowing purported hearsay statements from one to be used against the other in their joint trial. The argument was unsuccessful as the trial was a bench trial, and there was sufficient evidence independent of the hearsay claims. 3. **Proposition III**: **Ineffective Assistance of Counsel** The Appellants asserted their counsel failed to utilize evidence suggesting the incident was a joke rather than a threat. The court noted that no strong evidence was presented to demonstrate that a different defense would have altered the trial's outcome. ### DECISION This Court affirms the orders of the District Court, finding adequate support for the adjudicated delinquency of both Appellants. ### APPEARANCES - **Counsel for Appellant A.W.** Royce A. Hobbs Attorney at Law 801 S. Main St., P.O. Box 1455 Edmond, OK 73013 - **Counsel for Appellant I.F.** Cheryl A. Ramsey Attorney at Law 801 S. Main St., P.O. Box 1206 Edmond, OK 73013 - **Counsel for the State** Jeff Mixon Assistant District Attorney Pawnee County Courthouse, Room 301 Pawnee, OK 74058 **OPINION BY: LUMPKIN, J.** *Concur: LEWIS, P. J., KUEHN, V. P. J., HUDSON, J., ROWLAND, J.* --- **Click Here To Download PDF** [PDF Link](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-113_1734446783.pdf)
In OCCA case No. F 2017-1074, Brown appealed his conviction for Drug Court termination. In an unpublished decision, the court decided to affirm the termination, stating the trial court acted within its discretion. One judge dissented.
In OCCA case No. F-2017-356, Elizabeth A. Jennings appealed her conviction for Permitting Child Sexual Abuse. In an unpublished decision, the court affirmed her conviction. One judge dissented. The case took place in Tulsa County, where Jennings was found guilty of allowing child sexual abuse to happen, which is against the law. The jury decided she should go to prison for 14 years. She was very unhappy about this and wanted to challenge the ruling. Jennings raised three big points in her appeal: 1. She said the prosecutor made a wrong hypothetical question during jury selection, which is called voir dire, and that this violated her rights. 2. She also argued that a lot of evidence was shown about her co-defendant's sexual misconduct, which she thought made it hard for her to get a fair sentence. 3. Lastly, she complained that the judge didn't tell the jury that she would have to register as a sex offender after her conviction, which she thought was an important piece of information. The court looked at everything carefully, including the evidence, the transcripts, and the arguments from both sides. It decided that Jennings did not deserve any relief from her conviction based on her arguments. For the first point, the court said that the prosecutor's question was okay. It was meant to see if jurors could be fair and follow the law without making decisions before hearing all the evidence. In the second point, the court agreed that the evidence about the co-defendant was relevant and helped to show Jennings' knowledge of the situation. The court found that this evidence was not unfairly hurtful to her case. On the third point, the court decided that it was not wrong for the judge to skip giving out the information about sex offender registration because it wasn't necessary for the case. In the end, the court upheld Jennings' sentence of 14 years in prison. The judges considered all the arguments but concluded that everything was handled correctly during the trial.
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DUSTIN ARDELL CRUCE,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2018-644** **FILED APR 25 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** ROWLAND, JUDGE: This appeal arises from the revocation of Dustin Ardell Cruce’s suspended sentence in Okfuskee County District Court Case No. CF-2016-143, adjudicated by the Honorable Lawrence W. Parish. On February 22, 2017, Cruce entered a guilty plea to multiple charges, including Assault With a Dangerous Weapon and Possession of a Controlled Dangerous Substance, resulting in a total sentence of ten years for the most serious counts, suspended in part. On October 31, 2017, the State filed a Motion to Revoke Suspended Sentence, citing Cruce's failure to pay ordered reimbursement fees and alleged new criminal activity. However, the State subsequently abandoned the new crime allegation as part of a plea agreement in a separate case, leaving only the failure to pay as the basis for revocation. At the revocation hearing on May 2, 2018, the trial court determined that Cruce had indeed violated his probation by failing to fulfill financial obligations. Despite Cruce's claims regarding his employment status and efforts to comply, he provided no evidence of bona fide attempts to make the required payments. The standard for revocation allows the State to meet its burden by a preponderance of the evidence, and one proven violation is sufficient to justify a full revocation of a suspended sentence. Judge Parish opted to revoke only half of Cruce's remaining suspended sentence, demonstrating leniency. Cruce’s appeal asserts that the trial court abused its discretion by imposing revocation. However, as established in previous case law, including *Sparks v. State* and *Livingston v. State*, the court has broad discretion in these matters. The trial court was within its rights to revoke the suspension based on the stipulated violation of payment obligations. The decision of Judge Parish is affirmed, as Cruce has not demonstrated an abuse of discretion. **DECISION** The revocation of Appellant's suspended sentence in Okfuskee County District Court Case No. CF-2016-143 is AFFIRMED. **Legal Representation:** Counsel for Appellant: CURT ALLEN Counsel for Appellee: EMILY MUELLER, ASST. DISTRICT ATTORNEY **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J. (Concur in Results); LUMPKIN, J.; HUDSON, J.
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. M-2017-1021** *BYRIN CARR, Appellant, vs. THE STATE OF OKLAHOMA, Appellee.* **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR 25 2019 JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** The Appellant, Byrin Carr, appeals from his misdemeanor Judgment and Sentence entered after a jury trial before the Honorable Timothy D. Haworth, Associate District Judge, in Case No. CM-2016-655 in the District Court of Garfield County. Appellant was convicted of Threaten to Perform Act of Violence, and was sentenced to a term of six months in the Garfield County Jail. **PROCEDURAL HISTORY** On June 28, 2016, Appellant was charged with Threaten to Perform Act of Violence, misdemeanor, 21 O.S.2011, § 1378(B), for threatening to kill Garfield County judges and prosecutors. Subsequently, the case was assigned to Judge Haworth who appointed a different District Attorney before the trial proceeded on September 19, 2017. **FACTS** At trial, Brian Dickson, a news photographer for KOCO-TV, testified about an incident on June 27, 2016, where Appellant approached him and his co-worker while they were parked at McDonald's. Appellant made threatening statements about harming local judges and prosecutors, leading to Dickson recording their conversation. The recording included Appellant’s comments about killing judges and district attorneys. After the incident, the news supervisors contacted local law enforcement. Appellant, in his defense, argued that he meant no harm and merely sought to share his grievances about local authorities. His defense included proposed jury instructions regarding subjective intent and political speech, which were denied by the court. **ANALYSIS** **PROPOSITION I:** The court addressed whether the denial of Appellant's requested jury instructions constituted error. The court held that the crime outlined in § 1378(B) does not necessitate proof of the threat being a true and credible threat and is a general intent crime. Therefore, the judge's refusal to give the requested instruction was not an error. **PROPOSITION II:** Appellant contested the jury instructions regarding the term willfully. The court affirmed that proof of general intent suffices under § 1378(B) and that the judge's definitions were proper and aligned with legal requirements. **PROPOSITION III:** Finally, Appellant argued that he was denied the right to present a defense, specifically regarding the characterization of his speech as political. The court reasoned that the threats made by Appellant fell outside the bounds of protected political speech and were not relevant to the presented case. **DECISION** The Appellant’s misdemeanor Judgment and Sentence is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** JAMES L. HANKINS Attorney at Law Edmond, OK **COUNSEL FOR APPELLANT** **APPEARANCES ON APPEAL** BRIAN T. HERMANSON District Attorney, 8TH District Counsel for the State --- **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. *(Refer to the official document for textual fidelity and details of legal references.)*
This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.