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F-2008-260

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In OCCA case No. F-2008-260, Ronnie Lamonte Lister appealed his conviction for Trafficking in Illegal Drugs, Possession of a Firearm During Commission of a Felony, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the convictions for Trafficking in Illegal Drugs and Possession of a Firearm After Former Conviction of a Felony, but reversed the conviction for Possession of a Firearm During Commission of a Felony with instructions to dismiss. One judge dissented.

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F-2008-963

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 In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate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

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C-2007-1009

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 In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty.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

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F-2008-214

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In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

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F-2007-1253

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In OCCA case No. F-2007-1253, L. V. Drennon, III, appealed his conviction for distribution of a controlled dangerous substance (CDS) within 2000 feet of a school and conspiracy to commit a felony. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Drennon was found guilty of having marijuana and methamphetamine with the intention to distribute, as well as taking part in a conspiracy to distribute these drugs. He was sentenced to 40 years for each of these charges, which would be served at the same time. Drennon argued that he did not receive good help from his lawyer and that his punishment was too harsh. The court looked carefully at Drennon's claims and the evidence surrounding the case, including courtroom records and transcripts. They found that Drennon's lawyer had provided him with reasonable help. Regarding the punishment, the court discovered that the jury had been given wrong information about the length of the possible sentences for the crimes. They had been wrongly told that Drennon faced a longer-term sentence than what was actually correct. The correct rules allow for a shorter minimum sentence of 6 years for possession with intent to distribute and a minimum of 4 years for conspiracy after previous felony convictions. Because of this mistake, the court decided that the jury's punishment was too extreme. As a result, they changed Drennon's sentences to 20 years for each charge, to be served at the same time. In summary, the court agreed with the conviction but changed the length of Drennon’s sentence due to the mistakes made about punishment options.

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F-2006-1282

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In OCCA case No. F-2006-1282, Michael Ralph Conroy appealed his conviction for several serious crimes, including first-degree rape, kidnapping, and domestic abuse. In an unpublished decision, the court decided to affirm his convictions but ordered a new sentencing hearing. One judge dissented, agreeing with the convictions but opposing the need for resentencing. Conroy was found guilty after a jury trial that reviewed evidence against him. He received significant prison time, amounting to 50 years for most of his charges and a year in jail for the domestic abuse charge, along with a fine. During the appeal, Conroy argued various issues, including the admission of evidence related to other crimes, the authenticity of certain exhibits, and the overall lack of evidence supporting his conviction. He also claimed that some evidence presented at trial was not allowed by law and that he did not receive effective legal representation. The court examined all of these arguments. They found that the evidence admitted during the trial was relevant and showed Conroy's guilt, including letters he wrote that indicated his intent to influence witness testimony. The report concerning the sexual assault was also deemed admissible because it fell under a specific exception to regular rules about hearsay. However, the court acknowledged a mistake regarding jury instructions on the 85% rule, which requires certain criminals to serve a significant part of their sentences before being eligible for parole. This oversight necessitated a new hearing only for sentencing. In the end, even though the appeals court affirmed the guilty verdicts, it recognized the trial court should reconsider the sentencing due to the jury instruction error.

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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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S-2007-668

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In OCCA case No. S-2007-668, the defendant appealed his conviction for Second Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm the district court's ruling that the defendant was denied his right to a speedy trial. One judge dissented.

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S-2008-53

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In OCCA case No. S-2008-53, the State of Oklahoma appealed the conviction for Child Abuse. In an unpublished decision, the court decided to affirm the earlier decisions, meaning they upheld the conclusion that there was not enough evidence to proceed with the trial against the defendant. One judge dissented in this case. The case was about a parent who was accused of child abuse after leaving her two children in a vehicle while she became unconscious. The court looked at whether the parent’s actions met the legal definition of child abuse. A special judge had already decided there wasn’t enough evidence to charge her, and when the State appealed that decision, the district judge agreed. When the case reached the Oklahoma Court of Criminal Appeals, the justices reviewed the earlier decisions. They listened to arguments from both sides and looked closely at the facts. They saw that the earlier judges had acted reasonably and hadn’t made any mistakes that would change the outcome. Therefore, they decided to keep the original ruling, which meant that the parent wouldn’t have to face trial for the charges brought against her.

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S-2007-779

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In OCCA case No. S-2007-779, Wilma Fay Jackson appealed her conviction for eighty-four felony counts and two misdemeanor counts of Obtaining Money by False Pretenses. In a published decision, the court decided to affirm the lower court's dismissal of the case. One judge dissented. The case began when Jackson was charged with serious offenses for falsely representing herself as a licensed practical nurse (LPN) and receiving payments for work she did under that title. However, the district court found that there wasn't enough evidence to support the claims against her and dismissed the charges. The state then appealed this decision, claiming that the district court made a mistake in its ruling. The court looked closely at the evidence and the laws involved. They determined that the district court had correctly dismissed the charges because the state did not prove that Jackson had committed the crime as charged. The court pointed out that a key part of the crime was missing—a false representation that resulted in getting something of value without giving anything in return. The district court had ruled that the state did not show enough proof that Jackson had committed fraud. In the dissenting opinion, one judge expressed a different view. This judge believed that even though Jackson had worked at the nursing home, she had misrepresented her qualifications. The judge argued that the nursing home had been tricked into paying her as if she was a licensed nurse and that this should matter legally. The dissenting opinion felt that Jackson's actions deprived the nursing home of the services they expected. In conclusion, the appeal did not change the outcome, and the district court's dismissal of the charges against Jackson was upheld.

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F-2006-905

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In OCCA case No. F-2006-905, Curtis Dale Gibson appealed his conviction for First Degree Rape, After Former Conviction of Two Felonies. In a published decision, the court decided to affirm the judgment of conviction but vacate the sentence and remand for resentencing. One judge dissented. Gibson was tried by a jury in Jackson County and found guilty of raping a victim. The jury sentenced him to thirty years in prison. Gibson raised several issues in his appeal, including whether he received a fair trial, due to certain evidence being allowed and comments made by the prosecutor. He also argued that he should have received an instruction about parole eligibility and that his prior suspended sentence for another crime should not have been discussed during the trial. The court looked at each point raised by Gibson. It found that the statements from the victim's sister, which claimed she had also been a victim of Gibson, were not hearsay and were admitted correctly. The prosecutor's comments during the trial were not seen as causing enough harm to reverse the decision. However, the court agreed that the jury should have been informed about the 85% rule regarding when Gibson could be eligible for parole, which was considered a mistake. As a result, the court affirmed Gibson's guilty verdict but changed his sentence, ordering that he be resentenced on account of this issue. The judges involved reached various conclusions, with one judge expressing disagreement with the decision to remand for resentencing.

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M-2005-375

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In OCCA case No. M-2005-375, the appellant appealed his conviction for Reckless Driving, Leaving the Scene of an Accident, Failing to Register a Vehicle, and Failing to Carry Security Verification. In a published decision, the court decided to reverse the convictions for Reckless Driving, Leaving the Scene of an Accident, and Failing to Carry valid Security Verification and remand for a new trial. The conviction for Failing to Register a Vehicle was also reversed with instructions to dismiss. One judge dissented. The case involves an appellant who was convicted after a jury trial in Love County. He was sentenced to a total of over two years in prison and ordered to pay restitution for damages. Appellant raised several issues on appeal, primarily arguing that the trial court made mistakes during the trial, including allowing improper questioning about a previously withdrawn guilty plea and imposing an illegal punishment. The trial started with the appellant being arrested for multiple offenses related to driving and vehicle registration. At first, he agreed to plead guilty but decided to withdraw that plea after getting legal help. During his trial, the prosecution wrongly questioned him about that guilty plea, which was acknowledged as an error by both sides. This error was seen as significant enough to potentially affect the jury's decision, therefore, the court believed a new trial was necessary. For the offense of Failing to Register a Vehicle, the court found that the punishment given was not within the law's limits. Furthermore, the state agreed that the appellant should not have been charged under Oklahoma law since the vehicle was bought out of state. Thus, the conviction for this offense was also overturned. In conclusion, the court acted to protect the fairness of the trial process by ordering new trials for some convictions and dismissing others. The decision addressed important legal standards and ensured that justice was served correctly.

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M-2007-62

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In OCCA case No. M-2007-62, Jimmy Dale Luttrell appealed his conviction for Domestic Assault and Battery in the Presence of a Minor Child. In an unpublished decision, the court decided to reverse Luttrell's conviction due to insufficient evidence. One judge dissented. Luttrell was found guilty by a special judge and was sentenced to one year in jail with the sentence suspended, along with fines and costs. The main issue in the appeal was the lack of evidence against Luttrell. The victim, who was Luttrell's wife, did not testify at the trial. Since the wife did not provide testimony, the judge did not allow police officers to share what she had told them or to show her written statement. This left no evidence that proved Luttrell was guilty beyond a reasonable doubt. The State tried to argue that even without the victim's testimony, there was enough evidence for a reasonable person to conclude Luttrell was guilty. However, the court found that in previous similar cases, the victim's statements were allowed as evidence. Since Luttrell's case did not have any proof to establish that he committed the crime, the court reversed his conviction. Because of double jeopardy rules, Luttrell cannot be tried again for the same accusation, and the case was sent back to dismiss the charges.

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F-2006-348

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In OCCA case No. F-2006-348, Charles Terrell appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm the conviction but modified his sentence from twenty years to ten years. One judge dissented. Charles Terrell was found guilty by a jury for molesting a young girl. The jury decided he should spend twenty years in prison. During the trial, evidence about other crimes was brought up, which included testimony from Terrell's former step-daughter who said Terrell had abused her too. Terrell argued that this testimony was unfair and should not have been allowed, as it could make the jury think he was guilty of more than just the crime he was accused of in this case. The court agreed that mentioning the other crimes was not handled well, as it wasn't properly limited. However, they also believed the main evidence from the victim in this case was strong and enough to show he was guilty. They found that allowing the other testimony did not change the fact that Terrell was guilty, so his conviction stood. On the topic of his sentence, the court thought about how the other crimes evidence might have led the jury to give him a much longer sentence than they would have otherwise. Because of this, they decided to reduce his sentence to ten years instead of twenty. The court concluded that the main evidence was solid, but the details about his past accusations were overly prejudicial and affected the severity of his punishment. The judge also noted that a photograph of the victim was properly allowed into evidence and was not seen as too harmful. In the end, while the conviction remained, the court decided to lessen the time Terrell would spend in prison, trimming it down to ten years.

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F-2006-669

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In OCCA case No. F-2006-669, Coronado appealed his conviction for attempted burglary in the second degree. In an unpublished decision, the court decided that the district court did not make a reversible error by failing to instruct the jury on the lesser included offense of malicious mischief. The court also found that the restitution amount ordered by the district court was not supported by sufficient evidence, and this part of the case was sent back for proper determination. One judge dissented.

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RE-2006-135

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In OCCA case No. RE-2006-135, Misty Dawn Nelson appealed her conviction for the revocation of her suspended sentence. In a published decision, the court decided to grant her appeal and remand the case back to the District Court for further proceedings. One judge dissented. Misty Dawn Nelson had originally pleaded guilty to a crime and received a four-year suspended sentence, meaning she wouldn’t have to go to jail unless she broke the rules of her probation. However, the State later claimed she broke the rules by committing new crimes. The judge then revoked two years of her suspended sentence and decided the remaining two years would be on probation. Misty argued that the judge made a mistake by imposing her revoked sentence to run consecutively with another sentence she was serving. This would mean her total time under supervision would last longer than what was originally set. The court agreed with Misty, stating that a judge cannot extend a suspended sentence beyond its original end date. The court found that the revocation order was invalid and needed to be sent back to the District Court to see if the revocation was warranted or not. The court mentioned similar cases where sentences also faced issues of being extended unfairly. In conclusion, Misty's appeal was granted, and the case was returned to the District Court to decide what to do next about the suspended sentence.

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F-2005-737

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In OCCA case No. F-2005-737, the appellant appealed his conviction for robbery with firearms. In an unpublished decision, the court decided to modify his sentence from forty-five years to thirty-five years imprisonment. One judge dissented. Lawrence Lugineus Mayes was found guilty by a jury for committing robbery with a gun. After the trial, he was sentenced to forty-five years in prison. However, he thought there were problems with how the trial was handled. He believed the jury should have been told that robbery with firearms is an 85% crime, and that they needed to know how long he would actually serve before he could get out on parole. During the jury's discussions about the sentence, they asked how many years they had to serve before someone could be eligible for parole if they were given a twenty-year sentence. The judge told them that was not something for them to think about. This answer made the jury decide on a longer sentence because they weren’t given clear information about parole eligibility. The court looked at the case and decided that the jury's misunderstanding about parole could have led them to give a harsher sentence than what might have been fair. So, instead of letting the forty-five-year sentence stand, they changed it to thirty-five years. However, they did not believe that the other arguments about the trial and sentencing needed any further changes. In conclusion, the court modified the sentence to thirty-five years but agreed with everything else from the trial. One judge did not agree with this decision.

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F 2005-281

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In OCCA case No. F 2005-281, the appellant appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently. One judge dissented. Charles Anthony Willingham was found guilty of four counts of lewd molestation against his adopted daughter while she was in middle school. The jury decided that Willingham should serve a total of 60 years in prison, with the sentences for each count to be served one after the other, known as consecutively. Willingham thought that his trial had many problems and raised several points in his appeal about how he did not get a fair trial. Willingham's first point was that his lawyer did a bad job by not asking the judge to give the jury clear instructions on how to consider evidence about his past wrongdoings. He believed this evidence should have been limited, but the jury did not get those instructions while the trial was happening. Instead, instructions were given at the end, which he thought was not enough. His second point was about the charges themselves. He claimed that because the charges didn’t say exactly when the events occurred, he could be tried for the same crime more than once, which is against the law. He argued this made it hard for him to properly defend himself. For his third point, Willingham said his lawyer should have used his medical records to help his case. He believed these records would show he was telling the truth about his health problems and that they would provide evidence against the accusations. His fourth point was about a doctor’s testimony. Willingham argued that the doctor's expert opinion on child psychology unfairly made the victim seem more credible, suggesting that the jury might have thought the victim was telling the truth without considering all the evidence. His fifth point involved comments made by the prosecutor during closing arguments. Willingham believed these comments were unfair and did not help him get a fair trial. In his sixth point, Willingham asked the court to change his total sentence. He felt 60 years was too severe, especially considering the comments made by the prosecutor. Lastly, he argued that because of all the errors in his trial, he should either get a new trial or have his punishments changed. After carefully reviewing Willingham's arguments, the court decided to keep his convictions but changed his sentences to be served at the same time (concurrently) instead of one after the other. They found that Willingham did not show that his lawyer’s performance was so bad that it harmed his case. They agreed that he was properly notified about the charges against him and that the doctor’s testimony was acceptable. The court noted that while they thought Willingham’s sentences originally felt excessive, they decided that running them concurrently would be fairer given the circumstances. In conclusion, the court upheld the decision that held Willingham guilty but altered his punishment to reflect a more reasonable approach by having the sentences served at the same time.

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S-2005-1067

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In OCCA case No. S-2005-1067, one person appealed his conviction for Shooting with Intent to Kill, Kidnapping, and Assault and Battery. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to use the transcript of a witness's preliminary hearing testimony during the trial. One judge dissented. The case involved Deangelo Favors and another person who were charged with serious crimes. During the preliminary hearing, a key witness, Roberta Verner, testified, but another potential witness, Lesha Huggins, was not allowed to testify even though the defense wanted to present her testimony, claiming it would prove Verner lied about the crimes. The judge decided that Verner was unavailable for the trial, which meant her earlier statements could not be used unless the defense had a chance to fully question her and present their case. The judge believed that not allowing Huggins to testify took away the defense's opportunity to question Verner properly. The State wanted to appeal the decision, saying it was wrong to not allow them to use Verner’s testimony. However, after looking closely at the facts and arguments from both sides, the court found that the trial judge acted correctly in not letting the State use Verner's earlier testimony. The court noted that it is important for defendants to have the right to question witnesses against them, and that this right was not met in the preliminary hearing because the defense could not call Huggins to support their case. In the end, the decision to deny the State's appeal was upheld, and the case was sent back to the lower court for more proceedings based on the ruling.

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F 2004-1198

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In OCCA case No. F 2004-1198, David Lynn Nelson appealed his conviction for multiple counts of sexual crimes. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One judge dissented on the matter of that specific count. Nelson was found guilty by a jury of serious charges, including two counts of Rape by Instrumentation, four counts of Forcible Oral Sodomy, two counts of First Degree Rape, and one count of Attempted Rape. He had previous felony convictions, which affected his sentencing. The jury sentenced him to 40 years in prison plus fines for some counts, while for the others, he received life imprisonment and higher fines. The sentences for all counts were set to run at the same time. During the appeal process, Nelson raised several issues. First, he claimed that he did not receive good help from his lawyer during the trial. However, the court found that his lawyer made decisions that were reasonable, so this claim was dismissed. Nelson also wanted the jury to be informed about new rules that would affect how long he would have to serve in prison before being eligible for parole, but the court did not grant this request. The court later decided it was important to adjust his life sentences to a total of 45 years instead. Moreover, Nelson argued that the evidence did not clearly show he committed one of the charges, specifically concerning the forcible oral sodomy. The court looked at the details of the evidence and found it lacking in proving that aspect, leading to the reversal of that particular count. In summary, the court upheld most of the convictions, but one was removed, and the sentences for the life terms were reduced, while the other penalties remained unchanged. The judge who disagreed with reversing the sodomy conviction felt that the evidence given during the trial was enough to support that finding.

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F 2005-659

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In OCCA case No. F 2005-659, Sundeep Kishore appealed his conviction for Conspiracy to Commit Murder and Embezzlement. In an unpublished decision, the court decided to affirm his convictions and sentences but vacated the order of restitution, sending it back to the district court for further determination. One judge dissented.

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F-2005-700

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In OCCA case No. F-2005-700, Harry Oliver West appealed his conviction for Driving While Under the Influence of Alcohol and Driving While License is Canceled/Suspended/Revoked. In a published decision, the court decided to reverse the conviction and send the case back for a new trial. One judge dissented. West was found guilty by a jury, which decided that he should serve a total of 45 years in prison for the first offense and 1 year for the second offense, with some fines included as well. However, during the trial, the jury was not given proper instructions about what driving under the influence and driving while impaired mean. Even though West did not ask for these instructions, the court agreed that this was a significant mistake that affected the case. Due to this error, the court found that West deserved another chance to have his case heard, which means a new trial will take place. As a result, the decisions made in the trial are reversed, and the case gets remanded, which means it goes back to the lower court for a fresh start.

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F-2014-478

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In OCCA case No. F-2014-478, David Glen Heard appealed his conviction for two counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction but vacated the imposition of post-imprisonment supervision. One judge dissented. David Glen Heard was found guilty of two counts of Lewd Molestation after being tried by a jury in Tulsa County. The charges stemmed from an incident on June 15, 2006, when Heard was observed behaving inappropriately towards two young girls at a Walmart store. He followed them around the store and attempted to look under their dresses. Witnesses reported his unsettling behavior, and he was later found with a pornographic magazine in his car and identified as a registered sex offender. At the time of the incident, he was on probation for previous sex-related offenses against children. During the trial, testimonies from various witnesses were presented, including a woman who testified about a similar incident involving Heard from years prior. Evidence was admitted under the law to show motive and absence of mistake, which supported the prosecution's case against him. Heard raised several arguments during his appeal, including claims that the statute he was convicted under was vague, the admission of other testimonies was inappropriate, and errors in jury instructions and the failure of his counsel to object to certain evidence. The court found that the law did not provide for a vagueness claim since Heard's actions clearly violated the statute in question. The admission of prior testimonies was ruled permissible as relevant to the case. The trial court’s instructions were also deemed not harmful to the verdict. However, the court recognized an error when ordering post-imprisonment supervision, as it was not authorized for the crimes Heard committed at the time. Thus, while his conviction was confirmed, the order for post-imprisonment supervision was vacated. Ultimately, Heard’s two twenty-year sentences were upheld due to the nature of his actions and background as a repeat offender.

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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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RE 2005-0315

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In OCCA case No. RE 2005-0315, #Matthews appealed his conviction for #Burglary. In a (published) decision, the court decided #to vacate the two-year sentence imposed in CF-1999-365, affirm the acceleration of the deferred sentence in CF-2003-14, and affirm the termination from Drug Court. #None dissented. Kevin Paul Matthews got into trouble with the law a while back. He pled no contest to a charge for running a roadblock and was given a sentence where he didn’t have to spend much time in prison right away. Instead, he was supposed to follow certain rules and help the community. However, he later messed up by not completing his required community service. Then, he got into even more trouble and pleaded guilty to burglary, agreeing to join a special program called Drug Court instead of going straight to prison. This program was meant to help him get better. But after some time, the State said he wasn’t following the rules and asked the judge to send him to prison instead. The judge agreed and decided Matthews needed to go to prison for more time, ruling that any previous time he served didn’t count towards his new sentence. Matthews felt that the judge made mistakes and that he shouldn't have been punished as harshly as he was. Matthews brought his case to a higher court, saying the judge didn't have the right to put him back in prison for the earlier offense because too much time had passed. He also said the judge shouldn’t have made him wait so long without setting an end date to his drug treatment program. Ultimately, the higher court agreed that the judge had made an error in punishing Matthews without accounting for the time he had already served. However, they kept the part where Matthews had to go to prison for his burglary charge because he had failed to follow the rules of the Drug Court. They decided to send the case back to the lower court for more review about what should happen next. So, in the end, Matthews got relief on some of his issues, but not all, showing that while he had some rights, he still needed to take responsibility for his actions.

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