Charges

F-2018-1160

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **RASHAUN HAASTROP,** **Appellant,** **vs.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-1160** **FILED DEC - 5 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** *KUEHN, VICE PRESIDING JUDGE:* Appellant, Rashaun Haastrop, was charged in Oklahoma County District Court, Case No. CF-2018-55, with First Degree Burglary, After Conviction of Two Felonies. He was convicted of the lesser related offense of Attempted First Degree Burglary, After Conviction of Two Felonies. On November 13, 2018, the Honorable Ray C. Elliott, District Judge, sentenced him to twenty years imprisonment in accordance with the jury's recommendation. This appeal followed. Appellant raises one proposition of error in support of his appeal: **PROPOSITION:** The State introduced insufficient evidence to prove that Mr. Haastrop had prior convictions out of Illinois and therefore his sentence must be modified. After thorough consideration of this proposition, the briefs of the parties, and the record on appeal, we affirm. Appellant's sole complaint on appeal is that the State failed to sufficiently prove that he was the person named in two Illinois documents reflecting felony convictions for Rashaun Haastrup, or that those convictions were valid and final, i.e., that the defendant in those proceedings had the assistance of counsel and that the convictions had not been appealed. The two latter challenges were not raised below, so we review them only for plain error, as established in *Mathis v. State*, 2012 OK CR 1, ¶ 30, 271 P.3d 67, 78. Plain errors are those errors which are obvious in the record and affect the substantial rights of the defendant; that is, the error affects the outcome of the proceeding, as seen in *Daniels v. State*, 2016 OK CR 2, ¶ 3, 369 P.3d 381, 383. The State offered two certified documents reflecting convictions in Illinois for a Rashaun Haastrup. The chronological entries on these documents show that in each case, (1) Mr. Haastrup was represented by counsel, (2) his rights to appeal were explained to him, but (3) no appeals were taken. The documents were generated several years after the convictions were entered, and neither reveal any activity after formal sentencing. See *Bickerstaff v. State*, 1983 OK CR 116, ¶ 8, 669 P.2d 778, 780. On this record, the trial court's conclusion that the convictions were valid and final was not plainly erroneous. As for whether Appellant (Rashaun Haastrop) and the person named in the documents (Rashaun Haastrup) are the same person, the jury received testimony from a police officer who interviewed Appellant after his arrest. The officer testified that Appellant admitted serving time in Illinois for two different crimes, specifically a drug offense and a theft offense; the State's documents reflected convictions for a drug crime and a theft crime. With identifying information provided by Appellant, the officer retrieved the Illinois documents. Given the unusualness of both names, their similarity, and Appellant's own admissions, a rational juror could conclude beyond a reasonable doubt that the convictions were, in fact, Appellant's, as established by *Jackson v. Virginia*, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979) and *Garcia v. State*, 1987 OK CR 49, ¶ 30, 734 P.2d 820, 825. As there is no error, his sole proposition is denied. **DECISION** The Judgment and Sentence of the District Court of Oklahoma County is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE RAY C. ELLIOTT, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** **BENJAMIN MUNDA** **ANDREA DIGILIO MILLER** **BONNIE BLUMERT** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY** **320 ROBERT S. KERR AVE.** **SUITE 611** **OKLAHOMA CITY, OK 73101** **COUNSEL FOR DEFENDANT** **ATTORNEYS ON APPEAL** **DANIEL GRIDLEY** **MIKE HUNTER** **DANIEL POND** **ATTORNEY GENERAL OF OKLA.** **ASST. DISTRICT ATTORNEYS** **TESSA L. HENRY** **ASST. ATTORNEY GENERAL** **320 ROBERT S. KERR AVENUE** **SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1160_1734786705.pdf)

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M-2017-511

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**Court of Criminal Appeals of the State of Oklahoma** **Case: William Robert Burk vs. The State of Oklahoma** **Case No: M-2017-511** #### OPINION BY: Kuehn, VPJ **Background:** William Robert Burk was convicted of Obstruction of Public Officer in the District Court of Payne County, sentenced to 30 days in jail and fined $500. The case arose from an incident on December 13, 2015, where Burk was stopped for driving with an improper license tag. He refused to provide a driver's license, proof of insurance, or identify himself. Police officers were forced to break into his vehicle after he locked himself inside, leading to his arrest. **Proposition I: Self-Representation** Burk contends the trial court erred by allowing him to represent himself without ensuring he made a knowing and intelligent waiver of his right to counsel. The court finds that Burk effectively waived his right to counsel through his actions over time, including repeatedly refusing to secure legal representation. The court cites multiple precedents establishing that a defendant may waive the right to counsel by conduct, and emphasizes the need for a clear understanding of the risks involved in self-representation. While acknowledging Burk's claims of financial capacity to hire an attorney, he nevertheless insisted he would not apply for court-appointed counsel. The court concludes Burk’s behavior—self-characterization of being forced to represent himself and refusal to accept assistance—constituted an implied waiver of his right to counsel, allowing the trial to proceed without an attorney. **Proposition II: Sufficiency of Evidence** In his second claim, Burk argues the evidence was insufficient to support his conviction. However, the court finds that Burk's refusal to provide identification and engage with police clearly obstructed their duties. Citing relevant statutes and case law, the court asserts that any rational jury could find him guilty of obstructing a public officer based on his actions during the encounter. **Conclusion:** The court affirms the judgment and sentence from the District Court of Payne County, asserting that Burk had sufficient warnings about self-representation risks and willingly chose to proceed without counsel. ### Dissenting Opinion - Judge Lumpkin Judge Lumpkin argues against affirming the conviction, citing concerns about Burk's mental state and the trial court's failure to ensure he was adequately informed of the consequences of self-representation. He emphasizes that Burk was not given proper Fairtta warnings about the implications of his decision and suggests that mental health issues should have prompted the court to reevaluate Burk's right to counsel. ### Concurring Opinion - Judge Hudson Judge Hudson agrees with the outcome but asserts that the basis for the decision hinges not on waiver by conduct but rather on forfeiture of counsel due to Burk's dilatory misconduct. He highlights the necessity for courts to maintain order and efficiently administer justice, especially when faced with obstructionist behavior from defendants. **Decision: The Judgment is AFFIRMED.** For further details and full opinions, you may refer to [this PDF link](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2017-511_1734779027.pdf).

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C-2018-679

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It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!

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C-2017-1311

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In OCCA case No. C-2017-1311, Heath Justin Wright appealed his conviction for multiple charges, including Second Degree Burglary, Knowingly Concealing Stolen Property, and Unlawful Possession of a Controlled Dangerous Substance. In an unpublished decision, the court decided to grant relief to Wright, allowing him to withdraw his guilty plea and proceed to trial. One judge dissented. Wright entered a negotiated plea without legal counsel and was accepted into the Pontotoc County Drug Court program. His plea agreement stated that if he successfully completed the program, his charges would be dismissed. However, if he failed, he would receive a lengthy prison sentence for each charge. After the State sought to terminate him from the drug court program, Wright tried to withdraw his plea. The court denied his request and sentenced him to the agreed-upon prison terms. Wright claimed his attorney did not assist him properly. He argued that he was not warned about the risks of representing himself in court. The court found that this lack of advice affected his decision to plead guilty. Since it was clear that Wright’s attorney did not address this issue, the court decided he should be allowed to withdraw his plea and face trial for the charges. The ruling concluded that because the initial plea was handled improperly, Wright should get another chance to defend himself in court.

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RE 2014-0777

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In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

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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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S-2013-483

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In OCCA case No. S-2013-483, the defendant appealed his conviction for various crimes involving minors, including sodomy, lewd acts, and sexual battery. In an unpublished decision, the court decided to deny the State's appeal regarding the exclusion of certain evidence. One judge dissented from this decision. Thomas Bradley Porton was charged with serious crimes against children. The crimes included sodomy and other lewd acts, as well as providing alcohol to minors and possessing indecent photographs. These charges were based on incidents that occurred in McCurtain County. During the pretrial, the State wanted to use photographs found on Porton's computer as evidence. However, the judge ruled that these photographs could not be used in court. The State believed that the photos were important to prove their case against Porton. They argued that the photographs showed a pattern of behavior that related to the crimes he was charged with. The State appealed the judge's decision to keep the photographs out of the trial. They said that their ability to prove Porton's guilt was greatly affected without this evidence. The law allows the State to appeal when evidence is excluded if it is believed to be in the interests of justice. However, the court found that the State did not show that the photographs were a critical part of the evidence needed to prove the case. Because of this, the appeal was denied, meaning the photographs would not be part of the trial. The ruling pointed out that the trial judge had looked closely at the case and had reasonable grounds to decide that the photographs were not relevant or that their potential to cause unfair problems outweighed their usefulness as evidence. One judge disagreed with the majority opinion. He felt that the photographs should not have been excluded because they could help prove Porton's motive and intent regarding the charges. He argued that evidence of other actions taken by the defendant should have been considered, especially since there were connections between the photographs and the charges against Porton. In summary, the court upheld the lower court's decision to exclude the evidence, impacting the State's case against Porton, while one judge believed this decision was incorrect and would have allowed the evidence.

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S-2011-1115

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In OCCA case No. S-2011-1115, the State of Oklahoma appealed the conviction regarding defendants accused of conspiracy. In a published decision, the court decided that the evidence presented during the preliminary hearing was not enough to support a conspiracy charge against the defendants. The ruling of the lower court was affirmed, and one judge dissented. In this case, the defendants were accused of agreeing to a bribe related to an election. The State claimed that one defendant offered the other a job to persuade her not to run for a Senate seat. The court looked carefully at the evidence and found that there was not enough proof to show that the defendants had a plan to commit a crime together. Thus, their appeal was rejected, and the original decision was upheld, concluding that the charge of conspiracy was not valid based on the information provided.

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F-2008-1014

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In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

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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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PR-2006-120

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In OCCA case No. PR-2006-120, a petitioner appealed her conviction for unlawful possession of a controlled drug (methamphetamine) and driving without seatbelts. In a published decision, the court decided to grant the petitioner's request for relief in part and deny it in part. One judge dissented. The case began when the petitioner was charged with possessing methamphetamine and driving without a seatbelt. She initially agreed to a plea deal with the state, which involved accepting guilt for the drug charge and a fine for the seatbelt violation. However, when the petitioner refused to follow through with the state’s conditions for the plea, she attempted to enter a non-negotiated or blind guilty plea. The judge refused to accept her blind plea and insisted she proceed to trial, stating she did not have an absolute right to plead guilty. The petitioner believed she should be allowed to enter her guilty plea without the state’s conditions. This disagreement led her to file a petition with the court seeking orders to either allow her to plead guilty or to prevent the judge from forcing her to go to trial. After reviewing the facts of the case, the court found that the petitioner had a clear legal right to have her guilty plea accepted if it met the necessary legal requirements. The court noted that it was a mistake for the judge to reject her plea without evaluating whether it was voluntary and if there was a factual basis for it. The court granted part of the petitioner’s request by directing the district court judge to conduct a hearing on her blind plea and accept it if it correctly fulfilled the legal standards. However, the court denied her request to have her plea regarding the seatbelt violation accepted, as that plea required the judge’s approval. The dissenting judge expressed concerns about whether the petitioner had truly shown that she was being harmed by the trial court's refusal to accept her plea, suggesting that any challenges to a guilty plea rejection should typically be taken up in direct appeals rather than with this type of petition. The dissenting judge also supported the trial judge's discretion, arguing that the right to a jury trial must be upheld. In summary, the court ruled that the petitioner should be given a chance to enter her guilty plea under the law, but that her plea regarding the seatbelt violation did not have to be accepted.

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J-2004-1117

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In OCCA case No. J-2004-1117, the appellant appealed his conviction for First Degree Murder and three counts of Assault with Intent to Kill. In a published decision, the court decided to affirm the denial of the appellant's request to be certified as a Youthful Offender but reversed the decision regarding the Assault charges, allowing those to be tried as a Youthful Offender. One judge dissented. The case began when the appellant was charged as an adult with serious crimes, including murder. The appellant wanted to be treated as a Youthful Offender, which would mean he could receive rehabilitation instead of severe punishment. A special judge conducted hearings to decide if the appellant could be certified as a Youthful Offender, meaning he would be tried in a different system designed for young people. During the hearings, expert witnesses gave differing opinions about whether the appellant could be helped and rehabilitated if treated as a Youthful Offender. One expert believed the chances were good, while others thought the appellant needed more time to be rehabilitated. Based on all the information and expert opinions, the judge decided not to certify the appellant as a Youthful Offender and instead required him to be tried as an adult for the murder charge. On appeal, the appellant argued three main points: first, that the judge made a mistake by not certifying him as a Youthful Offender, second, that the judge should have removed himself from the case, and third, that he should not have been charged as an adult for the Assault with Intent to Kill counts since those should be treated as Youthful Offender crimes. The court looked at the evidence presented in the trial, including testimonies from experts and details of the appellant's life. The conclusion was that the judge did not abuse his discretion in deciding the appellant should be tried as an adult for the murder charge. However, the court did agree with the appellant concerning the Assault with Intent to Kill charges; since he was between 15 and 17 and those charges are typically handled differently, the court ordered that he be processed as a Youthful Offender for those counts. In the end, the court upheld the decision regarding the murder charge but reversed the decision on the Assault with Intent to Kill charges, indicating that the appropriate course was for those to be treated under the Youthful Offender system.

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C-2003-1382

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In OCCA case No. C-2003-1382, Ronyell Lamar Shelton appealed his conviction for multiple crimes including Conspiracy to Commit a Felony, Robbery with a Firearm, Knowingly Concealing Stolen Property, and Unlawful Possession of a Firearm. In a published decision, the court decided to affirm the convictions for conspiracy, robbery, and unlawful possession of a firearm but reversed the conviction for one count of concealing stolen property, allowing Shelton to withdraw his plea for another count of this crime. One judge dissented regarding the reversal of the concealing stolen property charges, stating that both charges were valid.

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