Attorney General

RE-2013-279

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In OCCA case No. RE-2013-279, the appellant appealed his conviction for driving under the influence of alcohol and transporting an open container of liquor. In an unpublished decision, the court decided to reverse the revocation of the appellant's suspended sentences, stating that the trial court lost jurisdiction because it did not hold the revocation hearing within the required twenty days after the appellant entered his plea. The decision was made without needing to address the other arguments raised by the appellant. One judge dissented.

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RE 2012-0848

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In OCCA case No. RE 2012-0848, Andrell Jackson appealed his conviction for possession of a controlled dangerous substance and related charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence for one of the cases but vacated the revocation for the other case and sent it back for further proceedings. One judge dissented.

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F-2012-437

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In OCCA case No. F-2012-437, Mark J. Lawler appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Mark J. Lawler was found guilty of rape in the first degree by a jury and given a sentence of thirty-five years in prison. He claimed that the trial court made mistakes during his trial. First, Lawler thought he should have been allowed to represent himself instead of having a lawyer. He argued that this was his right under the Sixth Amendment of the U.S. Constitution. The court agreed with him, stating that he had clearly asked to represent himself at least five days before the trial, which was a reasonable request. The court also found that Lawler understood the risks involved in defending himself without a lawyer. The trial court was wrong to deny his request, so that was a significant error. Second, Lawler argued that he did not get a speedy trial, which is another right he had under the law. Although there were delays in the trial, the court found that they were not entirely Lawler's fault. The reasons for the delays included busy courts and other issues that were not intentional. However, the court also decided that Lawler did not show he was hurt by the delay, so they did not agree with his claim on this point. In summary, the court found that the trial court made a mistake by not allowing Lawler to represent himself. Because of this error, they reversed his conviction and sent the case back for a new trial.

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C-2012-52

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In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

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M-2010-341

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In OCCA case No. M-2010-341, Katherine Denise Burns appealed her conviction for Harassment by Use of an Electronic Device. In an unpublished decision, the court decided to reverse her conviction and instructed to dismiss the case. One judge dissented. Burns was found guilty in a trial in the District Court of Seminole County, where she was accused of sending harassing text messages to Jennifer Johnson. The court sentenced her to six months in jail, but the sentence was suspended. Burns argued that the way the charges were written (the Information) was not clear enough and that the evidence against her was not strong enough to convict her. During the trial, the State presented evidence that Burns sent three text messages to Johnson. The first message included Johnson's social security number, the second suggested Burns knew personal information about Johnson, and the third revealed Johnson's home address. The State claimed that Burns violated a law that prohibits making electronic communications without disclosing one’s identity in a way that annoys, abuses, threatens, or harasses another person. However, the court found that the messages did not meet the legal requirement because Burns’s cell phone number was visible to Johnson. The court concluded that since Burns's identity was clear, she could not be convicted under the law cited by the State. Ultimately, the court decided that there wasn’t enough evidence to prove that Burns committed the specific crime she was charged with, leading them to reverse her conviction and dismiss the case.

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RE-2010-9

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In OCCA case No. RE-2010-9, Steven B. Baker appealed his conviction for misdemeanor Resisting an Officer and felony Assault with a Dangerous Weapon and Possession of a Controlled Drug (Cocaine Base). In a published decision, the court decided to affirm the revocation of Appellant's suspended sentences, but recognized that Appellant was entitled to credit for time he had already served. One judge dissented.

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RE-2010-293

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In OCCA case No. RE-2010-293, Downs appealed his conviction for a probation violation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. Downs had entered guilty pleas for several crimes in 2004, which included assault and possessing controlled substances. After completing part of his sentence in 2006, some of his time was suspended, meaning he would not have to serve it if he followed the rules of probation. However, in 2008, the State accused him of violating his probation because he was arrested for a new crime. A hearing took place in 2010 where evidence was presented, and the judge found that the State proved Downs had violated his probation. As a result, all of his suspended sentence was revoked. Downs raised several arguments in his appeal, saying the trial judge made mistakes that affected his case. He claimed he was not given enough time to prepare his defense, that the evidence against him was not strong enough, and that he was not allowed to confront witnesses. He also argued that the revocation was for too long and that the judge didn't have the right to revoke his sentence. The court examined each of Downs' claims. They found that it was reasonable for the judge to deny a continuance for more time to prepare, and that the evidence at the hearing was enough to support the revocation of his probation. They also stated that Downs had waived his right to a quick hearing, meaning the 20-day rule that he mentioned did not apply. In the end, the court did agree that there was a small mistake in the length of time noted for the revoked sentence, which needed to be corrected. However, they affirmed the decision to revoke all of Downs' suspended sentences. Thus, the court ordered that a corrected record be made to show the right amount of time for his sentences. The judges all generally agreed on the decision, but one judge had a different opinion.

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M 2009-1064

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In OCCA case No. M 2009-1064, Jesse Douglas Stein appealed his conviction for Domestic Abuse- Assault and Battery. In a published decision, the court decided to reverse the Judgment and Sentence and remand the matter for a new trial. One judge dissented. Jesse Douglas Stein was charged with domestic abuse and had a trial without a jury. He was found guilty and got a sentence that included some jail time and a fine. However, Jesse claimed that he did not properly give up his right to have a jury trial, which is really important. The court found that there was not enough proof that he made this choice in a clear and smart way. During the appeal, the State tried to add more information to the case, but the court decided that this new information did not prove that Jesse had given up his right to a jury trial the right way. Because of this mistake, the court said that they would send the case back for a new trial where Jesse could have a jury. The judges agreed that they needed to reverse the earlier decision because of the issues with the jury trial waiver. They did not need to look at other reasons Jesse gave for appealing since they already decided to reverse the decision and start fresh. In summary, Jesse's conviction was overturned, and he was given another chance for a trial with a jury.

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F-2008-1066

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In OCCA case No. F-2008-1066, Rodney Dennis Evans appealed his conviction for robbery in the first degree. In a published decision, the court decided to modify his sentence from thirteen years to eight years imprisonment. One judge dissented.

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F-2008-1199

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In OCCA case No. F-2008-1199, Cody Robert Grenemyer appealed his conviction for Rape in the First Degree and Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to life imprisonment with the possibility of parole for two counts. One judge dissented. Grenemyer was found guilty of committing serious sexual crimes against his daughters, including rape and lewd molestation. The abuse happened over a period of time and was described by multiple victims. Despite Grenemyer's denial of the allegations, the testimony of his daughters was consistent and compelling enough for the jury to convict him. During the trial, Grenemyer wanted to introduce evidence that the younger victims had been molested by another man earlier. However, the trial court decided that this information wasn't relevant to the case at hand. The judge recognized that while the evidence could have some bearing, it also risked confusing the jury and unfairly prejudicing the victims. Grenemyer argued that his sentences were too harsh, claiming that life imprisonment without parole was not appropriate under the law effective at the time of his offenses. However, this was found to be without merit as the law allowed for such sentences. The appeals court found an issue with how much past behavior information was shared during the trial, particularly focusing on the testimonies of older siblings who spoke of their own experiences of abuse. The amount of such information might have led the jury to concentrate more on past actions rather than the specific charges brought against Grenemyer. The judges agreed that while the evidence did not affect the jury's determination of guilt, it likely influenced the sentences they recommended. Thus, Grenemyer’s sentences for the first-degree rape charges were modified to ensure he would have the possibility for parole after serving a portion of his sentence. In conclusion, while the convictions were upheld based on the strong testimony of the victims, the sentence was adjusted to reflect the concerns regarding the fairness of the trial and the overwhelming amount of past abuse information presented.

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F-2008-538

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In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

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M-2007-192

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In OCCA case No. M-2007-192, the appellant appealed his conviction for three counts of Threatening by Telephone or Other Electronic Communication. In an unpublished decision, the court decided to reverse the conviction and instructed the lower court to dismiss the case. One judge dissented. The appellant, Robert Eugene Schwab, was found guilty by a jury in Creek County for sending threats through electronic communication. The jury decided his punishment would consist of a short jail time and fines. However, the case raised a significant legal question about whether the appellant's actions were considered a crime at the time he committed them. During the trial, it was discovered that the specific crime Schwab was convicted of was not defined as illegal when he sent the emails in question. After looking into this issue, the State acknowledged this error and agreed that the conviction should be reversed. The court decided that Schwab's actions did not fit into the law as it was understood at that earlier time, which led to the decision to dismiss the charges against him.

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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-2006-17

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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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F-2006-341

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In OCCA case No. F-2006-341, Steven Dale Countryman appealed his conviction for attempting to manufacture methamphetamine, unlawful possession of methamphetamine, possession of a police scanner during a felony, and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently, with three years of the sentence on the first count being suspended. One judge dissented.

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C-2005-1

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In OCCA case No. C-2005-1, Victor Alfonso Duenas-Flores appealed his conviction for first-degree manslaughter. In a published decision, the court decided to grant his appeal, vacate the judgment and sentence, and allow him to withdraw his guilty plea. One judge dissented. Victor Duenas-Flores, who is from Mexico, was involved in a car accident on August 9, 2003, where he crossed the centerline of a highway and hit another car head-on, resulting in the death of the other driver. Duenas-Flores had a high blood alcohol content of 0.21 at the time of the accident. Due to this event, he was charged with first-degree manslaughter. On August 12, 2004, Duenas-Flores pleaded guilty to the charge in court and was sentenced to 45 years in prison. After some time, he wanted to change his plea but the court denied his request. He then took his case to a higher court, claiming that he was not informed about his rights under a treaty that allows foreign nationals to contact their consulate when they are in legal trouble. This lack of information made him feel pressured to plead guilty because he thought he would not have enough resources to defend himself without expert testimony, which he hoped to get help for from the Mexican consulate. The higher court found that the trial court had made an error. Even though it was confirmed that Duenas-Flores was not informed about his consulate rights as required, the trial court ruled that he could not prove that this violation affected his understanding of his guilty plea. The higher court disagreed and said that it was likely that Duenas-Flores would have chosen to go to trial instead of pleading guilty if he had known about his rights, and thus he should be allowed to withdraw his guilty plea. The ruling meant that Duenas-Flores had a chance to defend himself again, and the court did not assess whether his sentence was too long since they granted relief based on the violation of his rights.

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F-2005-963

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In OCCA case No. F-2005-963, the appellant appealed his conviction for using a vehicle to facilitate the intentional discharge of a weapon. In an unpublished decision, the court modified the conviction to felony malicious injury to property instead. One judge dissented. The case began when the appellant, Larry Roger Watts, was found guilty by a jury of a crime involving firing a weapon from a vehicle. The jury decided he should serve three years in prison and pay an $8,000 fine. Watts disagreed with the decision and argued several points in his appeal. First, he believed there was not enough evidence to support the charge against him. He claimed that since nobody was near where he fired the weapon, it wasn't a real drive-by shooting, which is meant to endanger people, not property. He also pointed out that the law was changed, and air guns were no longer considered weapons that could be fired from a vehicle under this specific law. Secondly, the appellant argued that the way he was arrested was not legal, meaning the evidence against him should not have been allowed in court. He also mentioned that important recordings from the police that could have helped his case were erased, which he felt was unfair. While looking at all these claims, the court decided that the original conviction for a drive-by shooting could not stand since no one was harmed during the incident. However, the court recognized that damages to property did happen, which led them to change the conviction to felony malicious injury to property. This new conviction came with a lesser punishment: two years in prison and a fine of $1,000 instead of the earlier sentence. The judges concluded that allowing the state to proceed under different theories of the law was appropriate. They determined that Watts was not surprised or prejudiced by this change. In the end, the court ruled in favor of modifying the conviction and sentence, agreeing that it was the right way to handle the case based on the evidence available. They also stated that there was no plain error regarding the prosecutor's comments or about the contention of the erased tapes. Overall, the case showed how legal decisions can evolve based on the circumstances and the interpretations of the law.

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F-2005-1161

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In OCCA case No. F-2005-1161, Isaac Gardner appealed his conviction for Forcible Oral Sodomy and Attempted Sexual Battery. In an unpublished decision, the court decided to affirm Gardner's conviction but modified his sentence from twenty years to fifteen years imprisonment. One judge dissented. During the trial, Gardner was found guilty of Forcible Oral Sodomy and the jury recommended a lengthy prison sentence based on evidence presented, including Gardner's past admissions about similar actions. Although the judge allowed some evidence regarding Gardner's past, they did not believe it overly impacted the trial since the jury ultimately acquitted him of the Attempted Sexual Battery charge. Gardner argued that he did not receive a fair trial due to this evidence, but the court disagreed, noting that he had been warned about what evidence would be used against him. They also highlighted that his conviction was upheld because the jury was able to examine the evidence properly. Additionally, Gardner claimed that he should have been informed about parole eligibility under the 85% Rule, which says he would need to serve most of his sentence before being eligible for parole. The court acknowledged this misstep and reduced his sentence accordingly. In summary, the court confirmed that while Gardner’s initial trial and conviction stood, his sentence was adjusted to reflect what he had rightfully requested before the trial began.

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F-2005-859

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In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

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S-2006-117

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In OCCA case No. S-2006-117, the husband and wife, Larrie and Theresa Moyers, appealed their case concerning charges related to a scheme to defraud the State. They were originally indicted for multiple counts including conspiracy, bribery, and tax violations. Larrie had previously entered a guilty plea and received a sentence. Later, he sought to modify this sentence, which the court granted by reducing his time in prison and adding conditions like probation and treatment. After this modification, the State brought new charges against both Larrie and Theresa. They argued that these charges were unfair and retaliatory, claiming it was revenge for the sentence modification. The trial court agreed, finding that the new charges were indeed retaliatory and dismissed them, stating that this was against due process rights. The State then appealed this dismissal. The court reviewed whether it could hear the appeal and decided it could, as the dismissal was tied to constitutional issues. Ultimately, they affirmed the lower court's decision, agreeing that the State's action against the Moyers was inappropriate. The decision was published and affirmed the dismissal of all charges against them, maintaining the previous ruling of retaliation based on the lawful actions taken by Larrie Moyers to modify his sentence.

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F-2005-357

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In OCCA case No. F-2005-357, Bruce Morris Barnett appealed his conviction for trafficking in illegal drugs and misdemeanor possession of marijuana. In a published decision, the court decided that while the trial judge made a mistake by imposing a fine of $100,000 instead of the minimum fine of $25,000, the convictions were upheld. The judge's sentence was modified to change the fine, but the overall decision affirmed the jury's findings regarding the evidence for the convictions. One judge dissented.

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F-2005-366

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In OCCA case No. F-2005-366, Timothy Purcell Teafatiller appealed his conviction for Possession of Concealed Drug. In an unpublished decision, the court decided to reverse the conviction and remand the case for further proceedings. One judge dissented. Teafatiller was found guilty by a jury for having a small amount of methamphetamine that was discovered in his wallet. He was sentenced to six years in prison. He raised seven main points in his appeal. The court mainly focused on one significant issue: the destruction of the evidence against him, which Teafatiller argued violated his rights. The drugs were received by a state bureau for testing and then sent back to the sheriff’s office for destruction without informing Teafatiller or his lawyer. This meant that Teafatiller could not have the chance to test the evidence that was being used against him. The court found that this action went against laws meant to protect the rights of individuals and ensure a fair trial. The judges concluded that the destruction of the evidence constituted a serious violation of Teafatiller's rights. While in previous similar cases, not having evidence might not have led to a reversible error, in this situation, the specific evidence that formed the basis of the charges was completely destroyed. Because there was no opportunity for Teafatiller to review or challenge the evidence, the court decided the only fair action was to reverse the conviction. As a result, the court mandated that the case be sent back for new proceedings where Teafatiller would have the chance to examine the evidence against him, ensuring his rights were upheld.

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F-2005-314

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In OCCA case No. F-2005-314, the appellant appealed his conviction for the Manufacture of a Controlled Dangerous Substance (methamphetamine). In an unpublished decision, the court decided to modify the conviction to Attempting to Unlawfully Manufacture Methamphetamine. One judge dissented. Here’s a summary of the case: Morton D. Hayner was found guilty of making methamphetamine in a trial. The jury sentenced him to life in prison and imposed a $50,000 fine. Hayner argued that the evidence was not enough to prove he manufactured meth, he should have been given chances for lesser charges, and that the fine was too high for him since he didn't have much money. The court looked carefully at the evidence and agreed with Hayner on the first point. They said he was actually trying to manufacture meth but had not finished the process when the police arrived. So, they changed his conviction from manufacturing to attempting to manufacture. On the second point, the court found that Hayner was not denied the chance to consider lesser charges. For the third point, the court decided the fine was appropriate because it matched the seriousness of the crime. In conclusion, Hayner's conviction was changed to Attempting to Unlawfully Manufacture Methamphetamine, but the life sentence and fine were kept the same.

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C-2005-524

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In OCCA case No. C-2005-524, Robert Scott Pebbles appealed his conviction for First Degree Rape. In a published decision, the court decided to grant his appeal and allow him to withdraw his guilty plea. One judge dissented. Pebbles had pled guilty to the charge as part of a plea agreement and was given a five-year suspended sentence. However, he later claimed that his attorney pressured him into pleading guilty. He stated that he did not understand the requirements of his probation and was misled about the possible consequences of his plea, including a misunderstanding of the maximum punishment for his crime. During a hearing about his motion to withdraw the plea, Pebbles testified that his attorney had told him he could face the death penalty for the rape charge. The court found that the plea was not entered knowingly or voluntarily because Pebbles had been misadvised about the range of punishment. The U.S. Supreme Court had ruled that the death penalty for rape was unconstitutional, which means Pebbles could not face such a punishment. The court reviewed affidavits from attorneys involved in the case that supported Pebbles' claim of being misadvised. The Attorney General acknowledged Pebbles was indeed not eligible for the death penalty for rape. As a result of these findings, the court decided that Pebbles' guilty plea should be withdrawn. The case was sent back to the lower court for further proceedings.

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F-2005-619

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In OCCA case No. F-2005-619, Ralph Emerson Jones, Jr. appealed his conviction for Unlawful Possession of Methamphetamine. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. Two judges dissented. Ralph Jones was found guilty by a jury for having methamphetamine and was sentenced to two years in prison. He believed that the evidence against him was not enough to prove he knew he had the drug, claiming that just having drug paraphernalia was not good enough for a conviction. When reviewing the case, the court found that there was a problem during the trial. Jones was only allowed to use three of his five chances to challenge potential jurors, which is not what the law says should happen. This was seen as a violation of his rights, and the court ruled that he should get a new trial. The final decision was to throw out Jones’s conviction and start the trial over again. Two judges disagreed with this decision, arguing that the appeals court should only look at issues that were raised during the trial and that the evidence actually supported Jones’s conviction. They felt that giving him another chance could lead to unnecessary complications since he might not even want to go through a new trial.

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