Arrest

F-2021-554

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In OCCA case No. F-2021-554, Robert Willie Wilson, Jr. appealed his conviction for accessory to burglary in the second degree and carrying weapons. In an unpublished decision, the court decided to reverse and remand Count 1 (accessory to burglary) with instructions to dismiss the charge, while affirming Count 2 (carrying weapons). One member of the court dissented. The case revolved around Wilson's alleged involvement in a burglary at a laundromat. The jury found him guilty of being an accessory rather than guilty of the burglary itself. They sentenced him to twenty years for the accessory charge and thirty days for carrying a weapon, to be served at the same time as his other sentence. Wilson challenged his conviction, arguing that the evidence was not enough to prove he was an accessory to the burglary. He claimed that the State failed to show he actively concealed or helped another person, named Justin White, who committed the burglary. The law requires that to be an accessory, someone must help the offender escape arrest or punishment after the crime. During the trial, the evidence suggested that while Wilson was present in the vehicle during the time of the burglary, there was no proof that he helped White in any way after the crime. The court pointed out that Wilson's mere presence did not make him guilty. It highlighted that the State only showed he knew about the burglary, which was not enough to convict him as an accessory. Ultimately, the court concluded that the evidence did not support a conviction for accessory to burglary beyond a reasonable doubt. Therefore, they reversed Wilson's conviction for that charge, but they did maintain the conviction for carrying a weapon. The remaining claims in Wilson's appeal were no longer necessary to consider due to this decision.

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S-2013-694

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In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

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RE-2012-1043

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In OCCA case No. RE-2012-1043, Phillip Wade Barton appealed his conviction for violating probation. In an unpublished decision, the court decided to reverse the revocation of his ten-year suspended sentence. No one dissented. Phillip Wade Barton had originally pled guilty to trying to make a controlled substance and was given a ten-year suspended sentence in 2010. This meant he wouldn't go to prison, but he had to follow certain rules. In May 2011, he got in trouble again for trying to make a controlled substance, which led the state to ask for his probation to be revoked. In October 2012, a hearing took place to see if Barton really broke the rules of his probation. The state presented only one piece of evidence, which was a document showing that Barton had pleaded guilty to the new crime. However, this document did not prove that he violated his probation since the new crime's judgment was not final. The court stated that for the state to revoke a suspended sentence due to a new crime, they either need to show that the new crime's conviction is final or prove each part of the new crime. Since the state did not provide the necessary evidence, the court agreed with Barton and decided to reverse the revocation of his suspended sentence. They sent the case back to the lower court to make sure everything was handled correctly.

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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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M 2007-0118

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In OCCA case No. M 2007-0118, the appellant appealed his conviction for public drunkenness. In an unpublished decision, the court decided to reverse the conviction and remand with instructions to dismiss. One judge dissented. Here’s a brief summary of what happened. The appellant was found guilty of public drunkenness after a bench trial in the Municipal Court of Oklahoma City. He was fined $69. The case began when the police received a noise complaint about the appellant's hotel suite, where he was hosting a group of kids for a football event. The kids had left earlier in the evening, and only a few adults remained. When the police arrived, they noted a strong smell of alcohol on the appellant. However, witnesses said they weren't drinking that night, including the appellant himself. During the trial, it was revealed that the appellant had a speech impediment, which may have been mistaken for drunkenness. Even though the police claimed the appellant was belligerent and had slurred speech, there was no strong evidence that he was actually intoxicated or causing any disturbance in a public place. The court found merit in the appellant's argument that there wasn't enough evidence to convict him of public intoxication. They concluded that he was not drunk while in a public area, as he was in a rented hotel suite at the time. Based on this, the court reversed the conviction and directed the lower court to dismiss the case.

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F-1999-1260

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In OCCA case No. F-99-1260, Carl Ray Holmes appealed his conviction for unlawful manufacture of methamphetamine, unlawful possession of methamphetamine with intent to distribute, and unlawful possession of marijuana. In an unpublished decision, the court decided to affirm the convictions for the first two counts but reversed the marijuana possession conviction, ordering a new trial for that count. One judge dissented regarding the second count, suggesting it should be dismissed due to double jeopardy concerns.

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