Appellate Review

S-2008-176

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In OCCA case No. S-2008-176, the State of Oklahoma appealed its case against a person charged with multiple crimes, including trafficking in cocaine and possession of marijuana with intent to distribute. The trial court had ruled that some evidence obtained from a locked safe in the motel room during the arrest should be suppressed, meaning it couldn't be used in court. The State argued two main points in its appeal. First, they believed the trial court made an error by not allowing a detective to share specific statements from a witness who gave permission to search the hotel room. Second, they thought the officers had the right to search the locked safe without needing a warrant. After looking closely at the case and the reasons for the trial court's decisions, the court concluded that the trial judge had done the right thing. It found that the trial court's rulings about hearsay, which refers to using second-hand information as evidence, were not wrong. The judges decided the officers should have obtained a warrant before searching that locked safe. The court affirmed, meaning they agreed with the trial court's decision to suppress the evidence from the safe. A judge dissented but the main ruling stood.

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F-2007-575

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In OCCA case No. F-2007-575, Jeffrey Marler appealed his conviction for three counts of Sexual Abuse of a Minor and one count of Possession of Child Pornography. In an unpublished decision, the court decided to modify the sentence for the possession count, vacate the fines imposed on all counts, and otherwise affirm the convictions. One judge dissented regarding the sentencing structure for the sexual abuse counts.

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S 2007-1212

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In OCCA case No. S 2007-1212, Jason L. Bandy appealed his conviction for Negligent Homicide. In an unpublished decision, the court decided to deny the appeal regarding the suppression of a blood test. The court found that the State did not show that reviewing the case would be in the best interests of justice, and they concluded that the suppressed evidence was not a significant part of their case against Bandy. Consequently, the case was sent back to the trial court for further action consistent with this opinion. One judge dissented.

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F-2007-1162

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In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.

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F-2006-17

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In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.

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M-2006-370

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In OCCA case No. M-2006-370, #Nicholson appealed his conviction for #Direct Contempt of Court. In an unpublished decision, the court decided #to affirm one count of contempt and reverse five counts. #One judge dissented. Jeremy Dion Nicholson was found in contempt of court during his co-defendant's trial. He received six citations, and each citation came with a six-month sentence in jail, which were to be served one after the other. Nicholson argued that being held in contempt violated his right to remain silent, as he was involved in another case that was still being appealed. He also said the judge acted improperly and that there was a mix of errors which caused him to not have a fair trial. The court explained that Nicholson had been granted immunity for his testimony, meaning his answers could not be used against him later. This immunity meant he was expected to testify and had lost his right to avoid incriminating himself in this situation. The court agreed that he would be held in contempt for refusing to testify, and canceled five of his six contempt convictions but kept one. The decision acknowledged that the trial judge made mistakes but noted that the judge's actions were aimed at making sure Nicholson was protected under the law. The judge didn't show any improper behavior in her conduct during the trial of the co-defendant. Ultimately, the court upheld the conviction for one count of contempt but overturned the other five counts and instructed that those be dismissed. There was a disagreement among the judges, with one judge believing the judge had acted more like a prosecutor than an impartial figure, which could lead to problems in how justice was served.

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F-2006-63

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In OCCA case No. F-2006-63, Beverly Michelle Moore appealed her conviction for First Degree Murder. In an unpublished decision, the court decided to modify Moore's sentence to life imprisonment with the possibility of parole. Two judges dissented. To explain, Beverly Moore was found guilty of killing two-year-old Avery Snyder. Avery had severe head injuries that doctors said were caused by violent shaking, known as shaken baby syndrome. The trial focused on whether Moore or Todd Snyder, Avery's father, caused the injuries. Moore admitted to giving a confession to the police but later recanted, claiming she did not harm the child. During the trial, the jury determined that Moore was responsible for Avery's injuries, leading to her conviction. The jury decided on life imprisonment without parole. However, the decision included a mistake regarding jury instructions about the 85% Rule, which means that for certain crimes, a person must serve 85% of their sentence before being eligible for parole. The court found it was necessary for the jury to understand this rule to make an informed sentencing decision. Moore's trial did not provide the jury with clear information about the 85% Rule, which was important after the jury inquired about it during their discussions. This omission was deemed a significant error that likely influenced the jury's decision to impose a harsher sentence. The court ultimately affirmed Moore's conviction for First Degree Murder but ordered that her sentence be modified to allow for the possibility of parole, reflecting the guidelines that should have been communicated to the jury during the sentencing phase. The dissenting judges believed the original sentence should not have been modified, arguing that the trial followed the laws that were in place at that time and no objections had been made during the trial.

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F-2005-718

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In OCCA case No. F-2005-718, Sylvia Coronado Frias appealed her conviction for Trafficking Methamphetamine and Maintaining a Vehicle Used for a Controlled Dangerous Substance. In a published decision, the court decided to affirm her conviction on both counts but instructed the district court to correct her sentence to match the jury's recommendation. One judge dissented. Frias was found guilty by a jury and received a 20-year prison sentence and a $50,000 fine for Trafficking Methamphetamine, along with a five-year prison sentence and a $10,000 fine for the other charge. However, the judge sentenced her to 25 years without fully explaining why he deviated from the jury's recommendation. The court examined several issues from Frias's appeal, including whether the trial court made mistakes by allowing certain evidence, if juror misconduct occurred, whether Frias had effective legal help, and if the jury was properly instructed regarding her sentence. 1. The court found that admitting the videotape of Frias and another person was done correctly since it was relevant evidence and didn't unfairly hurt her case. 2. The court could not consider claims related to juror misconduct because Frias didn't properly submit evidence to support her statements about it. 3. Frias's claim that her counsel was ineffective also failed because she didn't follow the rules to request further hearings to develop evidence for that claim. 4. The court stated that the trial court was not required to tell the jury about specific sentence limitations concerning trafficking cases. Finally, the court decided that while they agreed with much of the trial court’s findings, the sentence for trafficking had to be corrected to align with the jury's earlier decision of 20 years. The fine would also need to be reviewed.

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F-2005-1146

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In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.

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F-2005-1145

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In OCCA case No. F-2005-1145, Robert Lee Peace appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but modified his sentence to twenty-five years imprisonment. One judge dissented.

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M-2006-555

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In OCCA case No. M-2006-555, the appellant appealed his conviction for recklessly conducting himself with a firearm. In an unpublished decision, the court decided to reverse the judgment and sentence and ordered a new trial. One judge dissented. The case began when the appellant was charged with a crime called Feloniously Pointing a Firearm. However, after a jury trial, he was found guilty of a lesser crime, which was Reckless Conduct With a Firearm. The punishment for this was six months in jail and a fine of $500. The appellant raised several arguments for why he believed the jury should have decided differently. First, he claimed that he was not properly told about his right to defend himself when he was faced with danger. Second, he argued that he could not access evidence that would show that a witness was not telling the truth. Third, he felt that the jury's decision was based on guesses rather than solid proof. Lastly, he believed he did not have good help from his lawyer during the trial. The court found that the instructions given to the jury were not clear about the appellant's right to self-defense. The jury had even sent a note to the trial court saying they did not feel they understood this important piece of information. The law says that a person must have the chance to explain their side of the story, especially when it comes to self-defense, and in this case, the jury did not get the right instructions about that. Since this was a big mistake that could have affected the jury’s decision, the court decided to reverse the original judgment. It means the appellant will have another chance to prove himself in a new trial. The court did not explore all the details of the self-defense claim but decided that the jury needed the proper guidance on this important matter. The case is now remanded back to the District Court for a new trial where the jury can hear the complete story, including the self-defense argument. This verdict was supported by the judges, but one judge had a different opinion about the case.

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F-2005-1193

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In OCCA case No. F-2005-1193, Tamara Marine Davis appealed her conviction for Accessory to Felony Murder in the First Degree. In an unpublished decision, the court decided to affirm the conviction but modified the sentence to twenty-five years of imprisonment. One judge dissented regarding the sentence modification. Davis was found guilty of helping her husband after a murder had occurred. She assisted him in hiding evidence and lying to the police. At her trial, Davis presented several arguments for why her conviction and sentence should be overturned. First, she claimed that there was not enough evidence to prove she was guilty of being an accessory after the fact. The court disagreed, ruling that her actions showed she knew the victim was dead when she assisted her husband in getting rid of the victim's belongings and fleeing the state. Second, she argued that the jury heard improper information concerning her probation and parole history, which made them biased against her. However, the court noted that this information was raised by Davis herself to show the witness's bias, so it did not warrant reversal of the conviction. Third, she contended that misconduct by the prosecutor deprived her of a fair trial. The court found that while there were some issues with the prosecutor's questions, they did not significantly affect the outcome of the trial. Davis also claimed she received ineffective assistance from her attorney. The court found that the lawyer's performance was acceptable and that Davis could not show any harm resulting from their actions. Furthermore, she believed the introduction of some irrelevant evidence was unfair. However, the court determined that the evidence did not unduly sway the jury's decision. Davis argued the length of her sentence was too harsh compared to her involvement in the crime, and the court agreed, reducing her sentence from forty years to twenty-five. Lastly, the court found no cumulative errors that would necessitate a different result in the trial. Thus, while the court affirmed the conviction, it took action to lessen the punishment given to Davis.

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F-2004-1279

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In OCCA case No. F-2004-1279, Daniel Hawkes Fears appealed his conviction for multiple counts including Murder in the First Degree and Shooting with Intent to Kill. In an unpublished decision, the court decided to reverse his convictions due to prosecutorial misconduct and insufficient evidence of sanity at the time of the crimes, ordering a verdict of not guilty by reason of insanity. One judge dissented, arguing that the jury should have had the proper instructions for a retrial instead of this decision.

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F-2005-1150

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In OCCA case No. F-2005-1150, Kendall Dewayne Carr appealed his conviction for First Degree Robbery by Force and Fear and False Personation. In an unpublished decision, the court decided to reverse the conviction for First Degree Robbery and affirmed the conviction for False Personation. One judge dissented. Carr was found guilty by a jury in the District Court of Cleveland County. He was sentenced to 20 years in prison for robbery and 4 years for false personation, with both sentences running at the same time. Carr argued that the trial court's instruction to the jury, known as a dynamite charge, forced them to reach a decision unfairly. The court examined the entire case, including trial records and evidence. They decided that the instruction given during deliberations was coercive. This means it pressured jurors to go along with the majority without respecting their own honest beliefs. The court noted that the instruction did not tell jurors to stick to their true feelings about the case. They found that this mistake was serious enough to require a new trial for the robbery conviction. The court made this decision based on the law, stating that an accurate jury instruction is important for a fair trial. While one judge had a different opinion and thought the error wasn't as serious, the majority believed that not warning jurors to hold onto their honest beliefs could have affected the outcome of the trial. As a result, they reversed the decision on the robbery while keeping the other conviction intact.

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F-2005-363

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In OCCA case No. F-2005-363, Adan Ramos, Jr. appealed his conviction for Robbery by Force or Fear. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. The court found that there was no valid waiver of Ramos's right to a jury trial, which is a fundamental right. Ramos's other claims about ineffective assistance of counsel, exclusion of evidence, and interpreter issues became moot since the court ordered a new trial.

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S-2005-840

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In OCCA case No. S-2005-840, #Ranney appealed his conviction for #driving under the influence and driving with a revoked license. In an (unpublished) decision, the court decided to deny Ranney's motion to dismiss the State's appeal. The court remanded the case back to the District Court with instructions to vacate its order that had previously granted Ranney's motions to suppress evidence and quash the charging information. #One judge dissented. The case began when Ranney was accused of hitting a sign in a convenience store parking lot while possibly being drunk. The police officer noticed things like the smell of alcohol and Ranney's slurred speech. Ranney admitted to drinking beer when the officer questioned him. At a preliminary hearing, Ranney tried to get his statements thrown out, but that motion was denied. Later, at a different hearing, Ranney asked again to have his statements and the charges dismissed. He argued he wasn't free to go when the officer spoke to him and that his statements were made because he felt pressured. He also claimed the officer didn’t have a good reason to come up and question him. The judge, after considering the situation, decided to grant Ranney’s request without explaining why. This left everyone confused about the reasons behind the decision. The State then asked the judge for a written explanation, but she didn’t respond. The State decided to appeal her decision, but Ranney argued that the appeal should be dismissed because there were no clear reasons from the judge about her ruling. While the court agreed there was a problem with the record, they didn’t think the State should be punished because it was mainly the judge’s fault for not providing explanations. So, the court ordered the case to go back to the lower court. They said the District Court should take away its previous decision and then handle Ranney's motions again, this time making sure to provide clear reasons for any new decisions.

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M 2005-0332

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In OCCA case No. M 2005-0332, the appellant appealed his conviction for reckless driving. In an unpublished decision, the court decided to vacate the conviction and modify it to a lesser charge of speeding. One judge dissented. The case began when the appellant received a speeding ticket on September 17, 2003, for going 90 mph in a 65 mph zone. During the trial, the judge found the appellant guilty of reckless driving and sentenced him to 90 days in jail, with 30 days to serve and the rest suspended, along with a $300 fine. The appellant did not appeal in time but was allowed to do so later. During the appeal, the appellant claimed two main points. First, he argued that his speeding did not meet the level of culpable negligence needed for reckless driving. The law requires more than just speeding to prove reckless driving. The state argued that speeding around other cars during the day showed enough negligence to support the conviction. Second, the appellant contended that he was not allowed to cross-examine a witness after the judge asked a question about intersecting roads. The judge’s questioning provided new information that had not been discussed before. The court pointed out that the appellant had the right to confront witnesses and cross-examine them, which was denied in this case. Ultimately, the court found that there was not enough evidence to support the reckless driving charge and modified the conviction to speeding instead. The court agreed to vacate the reckless driving sentence and sent the case back to the district court for proper sentencing on the speeding charge.

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M 2005-0332

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In OCCA case No. M 2005-0332, the appellant appealed his conviction for reckless driving. In a published decision, the court decided to modify the conviction from reckless driving to speeding due to insufficient evidence of reckless behavior. One judge dissented. The case started when the appellant received a traffic ticket for speeding, going 90 mph in a 65 mph zone. The traffic stop occurred on a dry day with moderate traffic. The officer who stopped the appellant said he did not see anything dangerous other than the speeding. The appellant was guilty of speeding, but the state argued that speeding was enough to prove reckless driving. For reckless driving, the law requires showing that someone acted with culpable negligence, which means the behavior must be more than just speeding. The court cited past cases that supported this idea, indicating that simply going over the speed limit is not automatically reckless driving. The state claimed that because there were other cars on the road and the appellant passed an intersection, that made the speeding reckless. However, the appellant pointed out that while he was speeding, he did not engage in reckless behavior that would endanger others. Another issue in the case was that the trial judge asked a witness about intersections but did not allow the appellant to ask the witness questions afterward. The court found that this was a mistake because everyone has the right to question witnesses against them. In the end, the court decided that while the appellant was guilty of speeding, there wasn't enough evidence for the reckless driving charge. They changed the conviction to speeding, removed the reckless driving sentence, and sent the case back to the lower court to decide the proper punishment for speeding.

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F 2004-989

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In OCCA case No. F 2004-989, John Fitzgerald Kessee appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Kessee was found guilty of robbing someone and had a long history of prior convictions, which led to a heavy sentence of ninety-nine years. He claimed that there wasn’t enough evidence to support his conviction and said that the way he was tried for the second time after a mistrial violated his rights. He also argued that there were mistakes made during the sentencing that should change his punishment. After looking closely at the case and the arguments made, the court found that there was enough proof for the jury to reach a decision about Kessee’s guilt. They decided that the issues surrounding the mistrial didn’t violate his rights. However, they agreed that the way the prosecutor talked about Kessee’s past sentences was wrong and affected his right to a fair trial. As a result, the court decided to lower his sentence to forty-five years in prison instead of ninety-nine. While most judges agreed with the decision, one judge disagreed with changing the sentence, believing the jury's decision should stand as is.

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F-2004-1080

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In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Indecent or Lewd Acts with a Child. In an unpublished decision, the court decided to reverse his convictions and order a new trial. One judge dissented. Mr. Lewis was found guilty by a jury in Oklahoma County for serious crimes against a child. The jury decided that he should serve life in prison without parole for the majority of the counts and 20 years for one count. He then appealed this decision, raising three main problems he believed were wrong in his trial. First, he argued that he wasn't properly warned about the risks of representing himself in court, which meant he didn't fully understand what he was giving up by choosing to do so. This was important because it related to his rights as a citizen, protected under the Sixth Amendment. Second, he claimed that the trial court didn't look carefully at whether he was capable of standing trial. He thought there were signs that suggested he wasn't mentally fit for the trial, which might have violated his rights under the Fourteenth Amendment. Third, he complained that the trial court wouldn't allow him to delay the trial, which prevented him from calling witnesses and putting forth a strong defense. He believed this decision also violated his rights. The court noted that Mr. Lewis had been asking to represent himself for a long time before the trial. However, he only received permission to do so a few days before his trial began. The trial court denied his request for more time to prepare and to gather witnesses that he wanted to bring to help his case. The judges noted that having enough time to prepare is important for someone defending themselves in court, especially when they have only just been allowed to do so. The court found that denying him more time was unfair and hurt his chances for a fair trial. As a result, the court agreed that his right to present a defense had been violated when the trial court wouldn’t allow a continuance. This led them to reverse his convictions and order a new trial, meaning he would have another chance to fight the accusations against him. The other issues he raised about warnings and competency were not necessary to discuss because they were overshadowed by the first issue. In conclusion, the court decided that Mr. Lewis's convictions were unfair, and he will get a chance to have a new trial. One judge disagreed with this outcome, feeling that the trial court made the right decision in denying a continuance and that Mr. Lewis had not shown how he was harmed by that decision.

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M-2004-802

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In OCCA case No. M-2004-802, the appellant appealed his conviction for Driving Under the Influence of Alcohol and Possession of a Controlled Dangerous Substance (Marijuana). In a published decision, the court decided to reverse the conviction and remand with instructions to dismiss. One judge dissented. The case began when the appellant was stopped by a police officer early in the morning because his car was parked in a lot with its lights on, near a closed restaurant. The officer got suspicious due to a series of burglaries happening in the area recently. When the officer approached the car, it began to move. The officer then decided to stop the vehicle to ask what the appellant was doing there. During the trial, the appellant argued that the stop was illegal. He believed that the officer did not have enough reason to suspect that he was doing something wrong. The officer admitted during the hearing that he did not know for sure if the appellant was involved in criminal activity when he made the stop. The court reviewed the situation and concluded that the officer did not have a good reason to think the appellant was doing anything suspicious. They pointed out that the appellant's actions could easily be seen as innocent. The conclusion was that the officer did not have reasonable suspicion, which is necessary to make a legal stop, and therefore the evidence collected after the stop should not have been used against the appellant. Ultimately, the court reversed the conviction, meaning that the case would not proceed further and the appellant's charges would be dismissed. One judge disagreed with the decision, arguing that the officer had good reasons to make the stop based on the circumstances around the time and location.

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F-2004-871

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In OCCA case No. F-2004-871, George Shelton, Jr., appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm Shelton's conviction but modified his sentence. One judge dissented. George Shelton was found guilty after a trial. He was accused of hiding stolen things and had a history of past crimes, which meant he could face a heavier punishment. The jury decided on a sentence of thirty-five years in prison. Shelton thought this punishment was too harsh and argued that what the prosecutor did was unfair because they brought up his past crimes during the trial. He believed this was done because he had tried to defend himself. The court looked very closely at everything that happened. They thought there wasn’t enough evidence to show that the prosecutor acted unfairly against Shelton. They believed that the facts presented during the case were enough to prove he was guilty. However, they agreed with Shelton that his punishment was too much. They decided to change his sentence to five years instead of thirty-five. In short, the court upheld the conviction of Shelton but changed his punishment to be less severe. While one judge agreed with the conviction and the sentence reduction, they did not think the modification was correct and chose to disagree.

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F 2003-1163

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In OCCA case No. F 2003-1163, Christopher Ray Murphy appealed his conviction for four counts of indecent or lewd acts with a child under sixteen. In an unpublished decision, the court decided to affirm the convictions, but modified the sentences to run concurrently instead of consecutively. One judge dissented.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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