Assistant District Attorney Archives - Page 4 of 4

F-2001-230

Post author:Staff
Post published:March 27, 2002
Post category:F

In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.

J 2001-878

Post author:Staff
Post published:February 8, 2002
Post category:J

In OCCA case No. J 2001-878, G.S. appealed his conviction for petit larceny. In a published decision, the court decided to reverse the trial court's decision and send the case back for a new trial. One judge dissented. G.S. was found to be a delinquent child for committing a crime that would be a crime for an adult, called petit larceny. This meant that he was taken to court to see if he really did what he was accused of. After the trial, a judge decided that G.S. should be placed in a special care program for children and that he should pay for court costs and fees for his lawyer. G.S. was unhappy with this decision and decided to appeal, which means he wanted a higher court to look at his case again. He brought up three main problems with his case: 1. He argued that there wasn’t enough of a record for the higher court to review, so his conviction should be changed. 2. He thought that his lawyer didn’t give enough information to the higher court, which meant he didn’t get the help he needed. 3. He also said that there was no evidence showing he agreed to give up his right to a jury trial, which he thought was wrong. The court looked closely at everything, including the records and the written arguments from both sides. They decided that G.S. was right about not having proof he gave up his right to a jury trial. Because of this, they thought the trial court's decision should be reversed, meaning G.S. would get another chance to have his case heard. The judges agreed that the original trial didn’t follow the right rules. A big part of this situation was that when a child is accused of something serious, like stealing, they have rights, including having a jury to listen to their case. In G.S.’s case, there was no paperwork or proof showing he understood and agreed to give up that right. So, the court decided that G.S. should have a new trial to give him a fair chance to defend himself. The decision made by the original trial court was erased, and the case was sent back so it could be done again properly.

F-2001-10

Post author:Staff
Post published:November 13, 2001
Post category:F

In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

J 2001-616

Post author:Staff
Post published:October 24, 2001
Post category:J

In OCCA case No. J 2001-616, J.J.A. appealed his conviction for three counts of Burglary of an Automobile. In an unpublished decision, the court decided to affirm the conviction but modify it to reflect only two counts of Burglary of an Automobile. One member of the court dissented. The case began when a petition was filed against J.J.A. claiming he was a delinquent child due to the alleged burglaries. An adjudication hearing was held where the evidence was presented. J.J.A. argued that his rights were violated because statements made by a co-defendant who did not testify against him were used, and this went against his right to confront witnesses as established in a past case. After reviewing the details, the court found that although the trial court did not consider any statements that directly implicated J.J.A., two other codefendants did testify against him regarding two of the burglaries. As a result, the court decided to modify the adjudication to show that he committed only two counts instead of three. Overall, the decision confirmed the conviction but adjusted the count to ensure it aligned with the evidence presented.

F-2000-1313

Post author:Staff
Post published:August 31, 2001
Post category:F

In OCCA case No. F-2000-1313, Robert Guy Wisner appealed his conviction for attempting to manufacture a controlled dangerous substance, unlawful possession of a controlled drug, and unlawful possession of marijuana. In a published decision, the court decided to affirm the judgment and sentence for the conviction of attempting to manufacture a controlled dangerous substance and unlawful possession of marijuana, but reversed the conviction for unlawful possession of a controlled drug, instructing to dismiss that count. One judge dissented.

F-2000-796

Post author:Staff
Post published:June 20, 2001
Post category:F

In OCCA case No. F-2000-796, Ronald Phipps appealed his conviction for attempting to manufacture methamphetamine, possession of methamphetamine (as a subsequent offense), possession of marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to vacate the $1,000 fine for the possession of marijuana but affirmed all other convictions and sentences. One judge dissented on the issue of the fine.

C-2000-35

Post author:Staff
Post published:April 18, 2001
Post category:C

In OCCA case No. C-2000-35, Anthony Dwayne Goshay appealed his conviction for escape from county jail and assault on a correctional officer. In a published decision, the court decided to grant Goshay's appeal and reverse the lower court's decision. One judge dissented. Goshay was in Comanche County District Court, where he pled guilty to two charges on October 7, 1999. At his sentencing on October 20, 1999, he tried to take back his guilty plea, but the judge did not allow it. Instead, Goshay was sentenced to five years for escape and three years for assault. After some time, his lawyer and then Goshay himself asked to withdraw the plea, but those requests were denied in December 1999. The case was sent back to the district court in August 2000 to check if Goshay was present when his request to withdraw the plea was denied. A new hearing took place on October 2, 2000, but the judge again said no to Goshay's request to change his plea. On appeal, Goshay argued that his plea wasn't voluntary because he felt pressured, that he was not informed about all the important parts of the charges he faced, and that his convictions were unfair because they involved double punishment. The court looked closely at these claims and agreed that Goshay's plea should be allowed to be withdrawn. It decided that when Goshay made his guilty plea, he was promised he could change his mind at sentencing without any negative consequences. However, when he did try to back out during sentencing, he wasn't given that chance. Therefore, the court found that Goshay didn't receive the deal he was promised. In conclusion, the OCCA reversed the original conviction and said further actions should follow that are consistent with their opinion, meaning Goshay would have the opportunity to withdraw his guilty plea, as originally agreed.

F-1999-1260

Post author:Staff
Post published:January 3, 2001
Post category:F

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.