Attempted Kidnapping

In OCCA case No. F-2002-201, Robert Mark Stephens appealed his conviction for First Degree Robbery and Attempted Kidnapping. In an unpublished decision, the court decided to affirm his convictions but modified his sentences to run concurrently. One judge dissented. Stephens was found guilty by a jury in Tulsa County and was sentenced to fifteen years for robbery and one year for attempted kidnapping, with the sentences to run one after the other. He raised several issues for appeal. First, he argued that his right to due process was violated because the court did not order a professional examination to check if he was competent to stand trial. However, the court concluded that there were not enough facts to raise a doubt about his competency. Second, Stephens claimed the trial court abused its power by not allowing him to use a mental illness defense. The court found no error in this as Oklahoma law does not allow for a defense of diminished capacity in non-capital cases. Third, he said he did not get a fair trial because the judge did not permit jury instructions on his mental capacity, which he believed was necessary to explain his intent during the crime. The court agreed with the trial court's ruling, saying that there is no provision for mitigating evidence in such trials. Stephens also believed he had ineffective help from his lawyer, but the court found he did not prove this claim. Finally, he said the trial judge wrongly refused to consider concurrent sentences, which led to an abuse of discretion. The court acknowledged this point and modified his sentences so they would run at the same time. In summary, the court upheld the convictions but changed the way the sentences would be served, allowing Stephens to serve his time for both crimes together instead of separately.