Appellant

F-2012-08

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In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

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M-2011-1083

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In OCCA case No. M-2011-1083, the appellant appealed his conviction for resisting an officer. In an unpublished decision, the court decided to reverse the trial court's judgment and remand for a new trial. One judge dissented. The case involved Franklin Savoy Combs, who was found guilty of resisting an officer after a jury trial. The trial took place in Hughes County, and the appellant received a sentence of ninety days in jail and a fine of $300. Combs later appealed this decision, challenging the way he represented himself in court. In his appeal, Combs argued that the trial court did not properly inform him of the risks of self-representation. The court looked at the records from the trial to see if Combs had knowingly decided to waive his right to have a lawyer. They found that there was not enough evidence to show that he fully understood what he was doing when he chose to represent himself. The court explained that before someone can represent themselves, it is very important that they know what that means and what they might be giving up. If there are doubts about whether a person really understood their rights, those doubts should be viewed in favor of that person. Since the court determined that Combs did not knowingly and intelligently waive his right to counsel, they decided that his conviction needed to be reversed. The case was sent back for a new trial where he can have proper legal representation.

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S-2012-553

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In OCCA case No. S-2012-553, Armstrong appealed his conviction for unlawful drug possession and distribution. In a published decision, the court decided to affirm the ruling that evidence obtained during a search of a vehicle occupied by Armstrong and Johnson should be suppressed. Johnson dissented. The case started when police met with an informant who said they could buy methamphetamine from Armstrong. The police observed a controlled purchase of drugs and later obtained a search warrant for Armstrong's home. They executed this search warrant a few days later and found Armstrong and Johnson in a car outside his residence, where they discovered several drug-related items. Both Armstrong and Johnson hired the same lawyer and filed motions to suppress the evidence from the car search. The district court agreed with their argument that the police had not executed the search warrant immediately, as the warrant required. Because of this, the court decided the search was not valid. The appeals court looked into whether the district court had made a mistake. They decided that the court did not abuse its discretion and confirmed the lower court's decision to suppress the evidence. This means that the evidence collected during the search could not be used against them in court. The court emphasized that the terms of the warrant were not followed as required. The ruling highlighted the importance of following legal procedures when executing search warrants. In summary, Armstrong's appeal was not successful, and the ruling to suppress the evidence was upheld.

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RE 2012-0259

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In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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F-2012-168

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In OCCA case No. F-2012-168, Tommie Joe Moore appealed his conviction for Distribution of a Controlled Dangerous Substance, Possession of a Controlled Dangerous Substance, and Trafficking in Illegal Drugs. In a published decision, the court decided to affirm Moore's convictions but modified his fine on one count. One judge dissented. Moore was found guilty after a jury trial and received a sentence of twenty years for Distribution and a $25,000 fine, ten years for Possession and a $7,500 fine, and twenty-five years for Trafficking with another $25,000 fine. The sentences for the Distribution and Possession counts were ordered to be served at the same time, but the Trafficking sentence was to be served afterward. Moore raised several points in his appeal. He argued that the fine for the Distribution count was too high and that it should be corrected. He claimed that the jury should have been instructed about a lesser charge related to Possession and that he did not get a fair trial because of mistakes made during the trial, including some comments made by the prosecution. He also stated that the sentences he received were too harsh and should not have been served one after another, but at the same time. After reviewing all the evidence and arguments, the court agreed that the fine for the Distribution count was indeed too high and changed it to $10,000. However, the court found that there was no need for a lesser charge instruction, and that the prosecution's actions did not affect the fairness of Moore's trial. The sentences given to Moore were within legal limits, and the court did not think they were excessively harsh. In the end, the court affirmed Moore's convictions but made a change to reduce the fine in one of the counts. This meant that while the convictions stood, Moore would not have to pay the original high fine, and he could continue to serve his sentences as ordered.

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F 2011-1045

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In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.

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M 2011-0871

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In OCCA case No. M 2011-0870 and M 2011-0871, Sherry Kay Taylor appealed her conviction for misdemeanors related to driving under the influence and other offenses. In an unpublished decision, the court decided that the trial court made a mistake by not allowing her to have a lawyer during her hearings. One judge dissented. Sherry was charged with driving while under the influence of alcohol, driving without a license, and improper backing in a case from December 21, 2010. She initially pleaded no contest to driving under the influence and received a six-month deferred sentence. Later, she was charged again for driving under the influence of both drugs and alcohol. In September 2011, Sherry went to a hearing where she was supposed to represent herself because her request for a lawyer was denied. The judge believed she had enough time to find a lawyer but Sherry argued that she didn't understand how to represent herself and didn't want to waive her right to have an attorney. The court looked into whether Sherry had been properly informed about her right to a lawyer and whether she had given up that right knowingly. It was found that there was no clear record showing that she had chosen to represent herself or that she understood the risks involved. Ultimately, the court decided that denying her the help of a lawyer was a mistake and ordered that she should have a new trial and a new hearing to review her sentence in a fair manner.

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F-2011-1054

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In OCCA case No. F-2011-1054, Michael Don Bryant appealed his conviction for Grand Larceny. In a published decision, the court decided to affirm Bryant's conviction and sentence but ordered that his Judgment and Sentence be corrected to accurately reflect the crime he was convicted of. One judge dissented. Michael Don Bryant had a trial by jury and was found guilty of Grand Larceny in Logan County. He was sentenced to one year in prison and had to pay a fine. After the trial, Bryant appealed, claiming a few mistakes happened during his trial. First, he said that the prosecutor made some unfair comments during closing arguments that hurt his chances of a fair trial. Bryant believed that the way the prosecutor spoke about his defense was wrong and led the jury to be biased against him. However, the court did not agree that these comments made the trial unfair. Second, he argued that a police officer gave evidence that should not have been allowed in the trial. The officer talked about the surveillance cameras and the cables that were involved in the case. Again, the court found that while the officer's comments might have seemed odd, they did not prove to be a big mistake in the trial. Lastly, Bryant pointed out that there was a problem with the official documents after his trial. The papers said he was convicted of embezzlement, but he was actually found guilty of Grand Larceny. Bryant wanted the court to fix this mistake and to make sure he got credit for time he had already served in jail. The court agreed that there was a mistake in the official documents and sent the case back to fix the paperwork. However, they kept Bryant's conviction and sentence the same.

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S-2011-1115

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In OCCA case No. S-2011-1115, the State of Oklahoma appealed the conviction regarding defendants accused of conspiracy. In a published decision, the court decided that the evidence presented during the preliminary hearing was not enough to support a conspiracy charge against the defendants. The ruling of the lower court was affirmed, and one judge dissented. In this case, the defendants were accused of agreeing to a bribe related to an election. The State claimed that one defendant offered the other a job to persuade her not to run for a Senate seat. The court looked carefully at the evidence and found that there was not enough proof to show that the defendants had a plan to commit a crime together. Thus, their appeal was rejected, and the original decision was upheld, concluding that the charge of conspiracy was not valid based on the information provided.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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F-2011-656

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In OCCA case No. F-2011-656, Jason Kenneth Dimaggio, Jr. appealed his conviction for multiple crimes, including robbery and assault. In an unpublished decision, the court decided to reverse one conviction but affirmed all others. One judge dissented. Jason Dimaggio was found guilty of several offenses that occurred during a violent crime spree in two Oklahoma counties. His crimes included robbery with a weapon, assault with a dangerous weapon, and other charges. He received lengthy sentences, with some of them being consecutive, meaning he would serve them one after another. During the appeal, Dimaggio argued that he didn't get a fair trial for several reasons. He claimed that some evidence about other crimes should not have been allowed, and that he was denied the chance to confront witnesses due to hearsay evidence. His main points included: 1. Other-crimes evidence was presented improperly. 2. Hearsay evidence was used against him. 3. The trial court allowed irrelevant photographs of him to be shown to the jurors. 4. There was misconduct by the prosecutor. 5. The jury was incorrectly instructed about his flight after crimes. 6. The combined effect of errors denied him a fair trial. 7. The court should not have ordered his sentences to be served consecutively. 8. He was unfairly punished multiple times for the same conduct. 9. The evidence did not support some of his convictions. The court reviewed all these claims and found that the evidence about earlier crimes was acceptable as part of the overall story of the events. Although there were issues with some evidence, like the photographs, the judges felt the impact on the trial was not significant enough to change the outcome because there was strong evidence against Dimaggio from witnesses. Regarding the prosecutor’s comments during the trial, the court noted that errors weren’t severe enough to matter because they were not objected to at the time. They also agreed that the jury's instruction about flight wasn't appropriate, but again, it didn't affect the strong evidence of guilt. Dimaggio’s claims of double jeopardy (being punished twice for the same crime) regarding his convictions for assault and fleeing from a police officer were not supported. The court ruled that the crimes were separate and had different elements. However, the court did agree that he should not be convicted for possession of a controlled substance because it was part of the robbery and should not have been counted as a separate crime. Thus, that conviction was reversed. In conclusion, except for the reversed conviction, the court upheld Dimaggio's multiple sentences and affirmed the trial court’s decisions in all other respects.

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C-2012-52

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In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

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F-2011-4

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In OCCA case No. F-2011-4, Dara D. Payton appealed her conviction for Driving a Motor Vehicle While Under the Influence of Drugs, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the order of deferment from the District Court. One judge dissented. Payton was found guilty after a bench trial, which is a trial without a jury. The judge decided not to give her a final judgment or sentence right away, instead deferring it for five years. Payton appealed this decision, raising three main points. First, she argued that her arrest should not have happened because it was made outside the officer's jurisdiction, and the officer did not follow the rules for making a citizen's arrest. Second, she claimed that she should not have to pay certain costs and fees because she relies only on disability benefits for her income. Third, she said the written order of deferment did not match what the judge said in court. The court found that Payton's arrest was legal. Even though the officer was outside his normal area, the court believed he was justified in his actions due to fresh pursuit, meaning he was actively following Payton because he saw her breaking the law. The judge stated that the officer followed Payton, observed her erratic driving behavior, and called for more help when Payton could not pass a sobriety test. The arrest was determined to be lawful under the circumstances. Regarding the costs and fees Payton questioned, the court said it could not decide the issue because she had not properly followed the procedures to dispute them. Payton did not request a hearing or show evidence about her financial situation to the court, making it unclear if the costs should be adjusted. For the written deferment order, the court acknowledged that it did not accurately represent what the judge had said. They decided to send the case back to the District Court to fix these errors so that the written order matched what the judge had pronounced in court, specifically that the deferment period would end on December 11, 2015, and that the supervision by the district attorney would only last for the first two years. In summary, while the court agreed with the deferment and found Payton's arrest valid, they also recognized the need to correct the written order to reflect the judge's original statements properly. The judge's conclusions about the case led to an affirmation of the deferment but a remand for the clerical corrections.

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F-2011-482

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In OCCA case No. F-2011-482, Christopher D'Shun Cleveland appealed his conviction for perjury. In an unpublished decision, the court decided to modify his sentence from ten years to seven years imprisonment but otherwise affirmed the conviction. One judge dissented. The case began when Cleveland was found guilty of perjury in the District Court of Oklahoma County and was sentenced to ten years in prison. He raised two main points in his appeal. First, he claimed that two witnesses, who were attorneys, should have been sworn before they testified. He argued this violated both a state law and his constitutional rights. However, the court found that the trial judge’s reminder to the attorneys that they were testifying under oath was adequate, and no major error was shown. In his second point, Cleveland argued that the jury should have been instructed to consider whether the statements he made were important to the case when deciding his sentence. He believed that not allowing this instruction led to a sentence that was too harsh. While the court recognized that the denial of this instruction was an error, it ultimately decided that the error was not severe enough to overturn the conviction. Instead, they modified his sentence length. Overall, Cleveland's punishment was reduced, but his conviction remained in place. The court stated its decision firmly, ensuring that Cleveland's rights were considered, while also balancing the necessary legal standards.

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C-2011-592

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In OCCA case No. C-2011-592, Philipe Jean Pace appealed his conviction for Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies. In a published decision, the court decided to grant the writ and allow the Petitioner to withdraw his plea and proceed to trial. One judge dissented. Philipe Jean Pace was charged with a crime and, instead of going to trial, he decided to plead nolo contendere, which means he did not contest the charges. The trial judge accepted his plea and sentenced him to twenty years in prison, but he only had to serve the first ten years. After the plea, Pace wanted to change his mind and asked to withdraw his plea, but the court said no. In his appeal, Pace argued two main points. First, he said he didn't understand what he was doing when he gave up his right to have a lawyer help him. He claimed that he didn't really know what would happen if he represented himself. Second, he believed that he was confused and didn’t make a proper decision to plead guilty. The higher court looked at all the details, including what happened in the trial court. They found that the original court did not really explain to Pace the risks of not having a lawyer. They noted that just because he had signed a form saying he wanted to waive his right to counsel, it didn't mean he actually understood what he was giving up. The judges pointed out that there was no evidence in the record that he was properly informed about the dangers of self-representation or that he clearly stated he wanted to represent himself. Because of these problems, the higher court ruled that the lower court made a mistake when it denied Pace's request to withdraw his plea. They believed it was important for a person to fully understand their rights and the consequences of their choices in court. As a result, the court decided that Pace could withdraw his plea and would be able to have a trial.

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S-2011-543

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In OCCA case No. S-2011-543, the State of Oklahoma appealed its conviction for suppressing evidence against DAREN LEVI GEYER. In a published decision, the court decided to affirm the lower court's order. The judges noted that the trial court was correct in determining that the State had violated rules regarding evidence disclosure and imposed sanctions on the State for not following these rules. The court found that the State's failures warranted these sanctions, and the imposition of a jury instruction against the State was also upheld. One judge dissented, emphasizing the importance of fair play in the discovery process during trials.

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F-2010-495

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In OCCA case No. F-2010-495, Marco Lamonte Carroll appealed his conviction for one count of Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to affirm his convictions for Counts 1 and 3 but reverse Count 2 based on double jeopardy grounds. One judge dissented. Carroll was found guilty in a case related to a drive-by shooting that led to one person's death and another's injury. The evidence indicated that there were multiple guns in the vehicle, and shots were fired from more than one of them. The jury's conclusion that Carroll participated in the incident was deemed sufficient by the court. Carroll raised several reasons for his appeal. He argued that there wasn't enough evidence for the charge of Drive-by Shooting, which also supported his Second-Degree Murder conviction. He believed that the merger doctrine should mean his murder charge couldn't be based on the same act that caused the death, meaning his murder conviction should be vacated. He claimed that being convicted of both murder and using a vehicle to facilitate the shooting violated double jeopardy laws, which protect from being tried for the same crime twice. Finally, he argued that the trial court wrongly refused to give him credit for the time he spent in jail before the trial. After looking closely at all the arguments and the case records, the court upheld Carroll's convictions for Second Degree Murder and Using a Vehicle to Facilitate the Discharge of a Firearm related to the second shooting incident. However, they agreed that counting the charge for the first shooting incident separately violated double jeopardy principles, leading to the reversal of that conviction. Overall, while Carroll's main murder conviction and the second vehicle charge were confirmed, the charge of Using a Vehicle to Facilitate the Discharge of a Firearm from the first shooting was dismissed. The court concluded that the trial judge had functioned properly regarding the defendant's time served and did not find grounds to change that part of the decision.

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F-2010-644

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In OCCA case No. F-2010-644, Jones appealed his conviction for kidnapping, possession of cocaine, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but vacate the fine related to the drug paraphernalia charge. One judge dissented. Jones was found guilty after a jury trial in which he faced several charges, including kidnapping and drug offenses. The jury sentenced him to thirty years for the kidnapping and twenty years for the cocaine possession, with the drug paraphernalia charge resulting in one year and a $1,000 fine. In his appeal, Jones raised multiple issues, including whether the jury was properly instructed, if his trial was fair, and if his lawyer was effective. He specifically challenged how the trial was conducted regarding the instructions given to the jury and the evidence allowed by the court. The court found that the jury had been adequately instructed and that any mistakes made in the instructions did not affect the final outcome of the trial. While it agreed that the jury was improperly instructed about determining punishment in a bifurcated trial for the misdemeanor charge, it noted that all of his sentences ran concurrently, which reduced the impact of that error. Jones also argued that introducing evidence of his other crimes was unfair, but the court decided that this evidence was relevant and crucial for the jury to understand the context of the case. As for his claim of ineffective assistance of counsel, the court ruled that Jones failed to demonstrate how his lawyer's performance was deficient or how it affected the outcome of his trial. The court concluded that the evidence was sufficient for the charges against him and found that his sentences were appropriate, rejecting his claim that they were excessive. Finally, when considering if the combined errors denied him a fair trial, the court decided that the errors did not undermine his conviction, except for vacating the fine of $1,000 for the drug paraphernalia charge. Overall, the court affirmed the convictions for kidnapping and possession of cocaine but made one adjustment regarding the fine for the drug paraphernalia charge due to a procedural issue.

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S-2011-774

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In OCCA case No. S-2011-774, the State of Oklahoma appealed the decision regarding the conviction of DeJear. In a published decision, the court decided to affirm the previous ruling, which found there was not enough evidence to prove that DeJear was under the supervision of the Department of Corrections, making the charges not applicable. One judge dissented from this opinion.

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F 2010-0888

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In OCCA case No. F 2010-0888, Eugene Turner appealed his conviction for assault and battery on a police officer, escape from detention/arrest, and domestic assault. In a published decision, the court decided that the District Court did not have the authority to accelerate Turner's deferred sentence for the assault on the police officer because the time limit for filing had already passed. The ruling was based on a prior case, which stated that a deferred sentence starts on the day it is given. Since the State didn’t file their application until after the deadline, Turner's case was sent back to the lower court for further proceedings. One judge dissented.

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M-2010-341

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In OCCA case No. M-2010-341, Katherine Denise Burns appealed her conviction for Harassment by Use of an Electronic Device. In an unpublished decision, the court decided to reverse her conviction and instructed to dismiss the case. One judge dissented. Burns was found guilty in a trial in the District Court of Seminole County, where she was accused of sending harassing text messages to Jennifer Johnson. The court sentenced her to six months in jail, but the sentence was suspended. Burns argued that the way the charges were written (the Information) was not clear enough and that the evidence against her was not strong enough to convict her. During the trial, the State presented evidence that Burns sent three text messages to Johnson. The first message included Johnson's social security number, the second suggested Burns knew personal information about Johnson, and the third revealed Johnson's home address. The State claimed that Burns violated a law that prohibits making electronic communications without disclosing one’s identity in a way that annoys, abuses, threatens, or harasses another person. However, the court found that the messages did not meet the legal requirement because Burns’s cell phone number was visible to Johnson. The court concluded that since Burns's identity was clear, she could not be convicted under the law cited by the State. Ultimately, the court decided that there wasn’t enough evidence to prove that Burns committed the specific crime she was charged with, leading them to reverse her conviction and dismiss the case.

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F-2010-558

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In OCCA case No. F-2010-558, Torrez Ceasar appealed his conviction for Possession of Controlled Dangerous Substance (PCP) with Intent to Distribute. In an unpublished decision, the court decided to reverse the conviction and modify it to Possession of Controlled Dangerous Substance (PCP) alone, with a sentence of imprisonment for twenty years. One judge dissented. The case began when Ceasar was tried by a jury and found guilty of possessing PCP with the intent to distribute it. The trial took place in the District Court of Oklahoma County, where the judge sentenced him to a long prison term of twenty-five years. Ceasar challenged his conviction on several points. First, Ceasar argued that the evidence did not prove he was guilty beyond a reasonable doubt. He claimed the state failed to show that he actually possessed the PCP or that he intended to distribute it. The court examined whether a reasonable person could have found him guilty based on the evidence presented. They found enough evidence to support that he had thrown a bottle of PCP into a car, suggesting he had possession of it. However, the question of whether he intended to distribute it was more complex. The law stated that merely having a drug is not enough to show intent to distribute. The court compared Ceasar's situation with another case where the defendants had a large amount of marijuana but were not selling it. The court noted that without proof of other selling signs, such as packaging for sale or cash, it was not clear if Ceasar intended to distribute the drugs. The evidence related to Ceasar's intoxication seemed more consistent with personal use rather than distribution, leading to the decision to change his conviction to simple possession of PCP. Ceasar also raised concerns about the admission of evidence related to his alleged gang affiliation. The court concluded that while this type of evidence can be seen as unfairly prejudicial, in this case, it did not significantly impact the trial outcome. The reference to gang signs was deemed minor and not overly emphasized during the trial, so the decision to allow it was considered fair. Lastly, Ceasar argued that the trial judge erred by not allowing his jury to consider a lesser charge of public intoxication. However, the court determined that public intoxication was not a lesser included offense of drug possession with intent to distribute. The laws concerning these charges protected different public interests, so the judge was correct in denying this instruction to the jury. In summary, after reviewing all arguments and the evidence, the court found that Ceasar's original conviction for Possession of Controlled Dangerous Substance with Intent to Distribute was not supported by sufficient evidence of intent to distribute. Therefore, his conviction was changed to simply possessing the substance, and the sentence was adjusted to twenty years in prison. The dissenting opinion raised concerns about the majority interpretation of intent and evidence but ultimately, the revised conviction stood.

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J 2011-0475

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In OCCA case No. J 2011-0475, the appellant appealed his conviction for rape and lewd molestation. In a published decision, the court decided to reverse the order of the District Court denying the appellant's motion for certification as a juvenile and remanded the case to be dismissed. One judge dissented.

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F-2010-307

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In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.

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