Child Under Sixteen

F-2018-738

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keith Lorenzo Sumpter, who was convicted of Indecent or Lewd Acts with a Child Under Sixteen. Sumpter was sentenced to thirty-five years in prison and appealed his conviction on multiple grounds, asserting errors related to hearsay, the admission of previous testimony, prosecutorial misconduct, and the accumulation of errors leading to an unfair trial. The court addressed each of Sumpter's assertions: 1. **Hearsay and Affidavit**: The court ruled that the trial court did not err in excluding an affidavit by the victim's mother, LaLethia Frederick, which was deemed to be self-serving hearsay without sufficient corroborating evidence to establish its trustworthiness. 2. **Cross-Examination Issues**: The court found that there was no error in admitting Frederick's Preliminary Hearing testimony since defense counsel had ample opportunity to cross-examine her about the lewd conduct allegations. 3. **Reliability of Testimony**: The court determined that the Preliminary Hearing testimony was reliable as it was given under oath and was subject to thorough cross-examination, thereby satisfying legal standards for admissibility. 4. **Federal Due Process**: Sumpter's argument that federal due process mandated the admission of the affidavit was dismissed, as the affidavit did not meet the criteria for reliability or critical importance to his defense. 5. **Prosecutorial Misconduct**: Allegations regarding improper commentary by the prosecutor during closing arguments were evaluated and deemed insufficient to constitute grounds for a fair trial violation. 6. **Cumulative Errors**: The court concluded that because none of Sumpter's claims of error were sustained, the cumulative error argument lacked merit. Ultimately, the Court affirmed the judgment and sentence imposed by the lower court. This summary opinion highlights various legal principles regarding hearsay evidences, the confrontation rights of defendants, and the latitude allowed for prosecutorial arguments, culminating in the decision that Sumpter's trial was conducted fairly despite his claims.

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RE-2018-1006

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-1006** **Jose Adolfo Rios, Appellant,** **vs.** **The State of Oklahoma, Appellee.** **Summary Opinion** **Judge Lumpkin:** Appellant, Jose Adolfo Rios, appeals from the revocation in full of his concurrent ten-year suspended sentences in Case No. CF-2006-6132. The Honorable Ray C. Elliott, District Judge, ruled on this matter. On April 4, 2008, Appellant entered a guilty plea to two counts of Rape in the First Degree and two counts of Indecent or Lewd Acts With a Child Under Sixteen, resulting in sentences of twenty-two years for the rape counts (with the first twelve years suspended) and twenty years for the lewd acts counts (with the first ten years suspended), all to run concurrently. On July 25, 2018, the State filed an Application to Revoke Suspended Sentence, asserting multiple violations of probation, including failing to report, change of address, pay supervision fees, attend mandated treatment, and committing a new crime—Domestic Assault and Battery With a Dangerous Weapon. During the revocation hearing before Judge Elliott, substantial evidence was presented regarding Appellant's violation of probation terms, including testimonies from Appellant’s probation officer and other evidence illustrating Appellant's failure to comply with treatment and reporting requirements. Appellant testified about personal struggles following a crime in which he was a victim, stating he had fallen victim to substance abuse and homelessness. After reviewing the evidence, Judge Elliott found sufficient basis to revoke the suspended sentences, having established by a preponderance of the evidence that Appellant had committed multiple violations, including failing to report and failing to attend treatment. **Proposition of Error:** Appellant argues that the trial court abused its discretion in fully revoking his sentence, asserting that Judge Elliott did not adequately consider alternatives to full revocation. **Analysis:** The decision to revoke a suspended sentence is within the discretion of the trial court and will not be overturned without evidence of abuse of that discretion. Here, Judge Elliott had unrefuted evidence of Appellant's violations. The record demonstrates that Appellant acknowledged his failures and did not meet the terms of probation. While Appellant claimed that less severe measures should have been considered, the applicable statutes do not mandate such considerations during revocation proceedings. As such, Appellant has not demonstrated that the trial court erred or abused its discretion in revoking the sentences in full. **Decision:** The order of the District Court of Oklahoma County revoking Appellant's concurrent ten-year suspended sentences is AFFIRMED. **Appearances:** **For Appellant:** Ben Munda, Assistant Public Defender Hallie Elizabeth Bovos, Assistant Public Defender 320 Robert S. Kerr, Suite 400 Oklahoma City, OK 73102 **For the State:** Suzanne Lavenue, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma Tessa L. Henry, Assistant Attorney General 320 Robert S. Kerr, Suite 505 Oklahoma City, OK 73102 **Opinion By:** Lumpkin, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. MANDATE is ORDERED issued upon the filing of this decision. [Download Full Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1006_1734358375.pdf)

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F-2018-629

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**IN THE COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **BRIAN KEITH FULLERTON,** Appellant, vs. **THE STATE OF OKLAHOMA,** Appellee. **No. F-2018-629** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA SEP 26 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Brian Keith Fullerton, was convicted by a jury in Oklahoma County District Court, Case No. CF-2016-4430, of four counts of Lewd Acts with a Child Under Sixteen. The Honorable Bill Graves, District Judge, sentenced him in accordance with the jury's recommendation to life imprisonment on each count, with the sentences to be served as follows: two pairs of life terms to run concurrently, with one pair served consecutively to the other. Appellant must serve 85% of each sentence before being considered for parole. Appellant raises four propositions of error in support of his appeal: **PROPOSITION I:** The evidence is insufficient to sustain a conviction for both Count 1 and Count 2 Lewd Acts with a Child Under the Age of Sixteen because the State failed to prove Mr. Fullerton touched L.D. on the vagina more than once. **PROPOSITION II:** The information filed in this case was insufficient as it failed to apprize Mr. Fullerton of what he was charged with and was not specific enough to allow him to plead former jeopardy should the State seek to file other charges, in violation of the due process clauses of the Federal and State Constitutions. **PROPOSITION III:** The prosecutors invoked improper sympathy toward the victim, L.D., and appealed to the jury's emotions, violating Mr. Fullerton's right to a fair trial. **PROPOSITION IV:** Trial errors, when considered in an accumulative fashion, warrant a new trial. After thorough consideration of these propositions, the briefs of the parties, and the record on appeal, we affirm. **Analysis of Propositions:** 1. **Proposition I:** Appellant claims the victim's statements were too vague for the jury to reasonably find he committed the acts described in Counts 1 and 2 more than once. However, the Court found the victim's consistent statements to family, the forensic interviewer, and her anatomical drawing support the conviction on both counts. The evidence was deemed sufficient as per precedent. 2. **Proposition II:** The Court noted that since Appellant did not challenge the specificity of the Information at trial, this complaint was waived except for plain error. The factual allegations of the Information were sufficient for Appellant to prepare a defense and to advance a plea of former jeopardy for similar subsequent charges. No error was found. 3. **Proposition III:** Appellant argued that the prosecutor's closing remarks improperly invoked sympathy for the victim. With no objection raised at the time of the closing argument, the Court reviewed for plain error and found no basis for relief, as the comments were grounded in the evidence presented at trial. 4. **Proposition IV:** The Court determined that since no errors were identified in the prior propositions, there could not be cumulative error. **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. --- **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE BILL GRAVES, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** KENDA MCINTOSH MELTEM KARLA TANKUT ASST. PUBLIC DEFENDER OKLAHOMA COUNTY **ATTORNEYS ON APPEAL** HALLIE ELIZABETH BOVOS ASST. PUBLIC DEFENDER OKLAHOMA COUNTY **COUNSEL FOR DEFENDANT** **COUNSEL FOR APPELLEE** MEREDITH EASTER MIKE HUNTER MCKENZIE MCMAHAN ASST. DISTRICT ATTORNEYS OKLAHOMA COUNTY --- **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR IN RESULTS** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR**

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F-2014-580

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In OCCA case No. F-2014-580, Christopher M. Turner appealed his conviction for Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions and sentences but vacate the Victims Compensation Assessment and remand the case for a full hearing to properly consider the required factors related to the assessment. One judge dissented.

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F-2012-545

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In OCCA case No. F-2012-545, Jimmy Dale Stone appealed his conviction for lewd molestation. In an unpublished decision, the court decided to reverse and remand his convictions for a new trial. One judge dissented. Jimmy was found guilty by a jury on several counts of lewd molestation involving children. He was sentenced to a total of eight years in prison, with some of the sentences running one after the other and one running at the same time as another. He had to serve a majority of his sentence before he could be considered for parole. On appeal, Jimmy raised several important points. He argued that the judge didn’t explain all the important parts of the law about lewd molestation to the jury. He believed the evidence used against him wasn’t enough to prove he had done anything wrong. He claimed that the jury was influenced by people who talked about the case before it started. He felt he was not given a fair chance at trial because of things the prosecutor said about the victims. Also, he said he should have had money for an expert witness to help prove his side. He believed that presenting other crimes as evidence was unfair. Finally, he argued that all these mistakes together affected the fairness of his trial. The main issue that the court found was a big mistake in how the jury was instructed about the law. There are specific things that must be proven to convict someone of lewd molestation. To be found guilty, it must be shown that the defendant knowingly did something wrong and that they intended to do it. This was not explained correctly to the jury during the trial. The court found that some parts of the legal instructions given did not include important elements needed to prove the case. Although there was an argument about whether this error was harmful, the court decided it was serious enough to affect the outcome of the trial. They concluded that omitting the requirement that the defendant acted knowingly and intentionally could have changed how the jury viewed the evidence and questions raised during the trial. Since the evidence against him was not overwhelming enough to guarantee he was guilty regardless of these instructions, the decision was made to reverse the conviction. Because of this significant error, the court said that Jimmy should get a new trial where the jury would be properly instructed on the law. The other issues he raised in his appeal were not discussed because the main error already warranted a new trial.

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F-2008-214

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In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

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F-2007-200

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In OCCA case No. F-2007-200, Jamie Cruz appealed his conviction for Indecent or Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to affirm the judgment but reverse the sentences and remand for resentencing. One judge dissented. The case involved Jamie Cruz, who was found guilty on two counts of engaging in inappropriate conduct with an eight-year-old boy named T.M. Cruz was sentenced to life imprisonment without the possibility of parole for each count, to be served concurrently. The case had a long history of delays and court proceedings before it finally went to trial. During the trial, the evidence included Cruz’s admissions made during a polygraph examination he took while on probation. His defense argued that these admissions were wrongly obtained and that the trial court made errors in not considering his motion to suppress these statements. The trial court denied requests for continuances which the defense claimed were needed to prepare adequately for trial. Several arguments were made on appeal, including claims that the trial court should have suppressed the admissions made during the polygraph test because it violated his right against self-incrimination. Cruz argued that the compulsion to take the polygraph test because of his probation created a situation where he did not have a true choice, as refusing to comply could lead to his imprisonment. The court ruled that Cruz's rights were not violated. They said he had failed to assert his privilege against self-incrimination when he did not refuse to answer questions during the polygraph. The majority opinion found the polygraph examination was part of the conditions of his probation, and thus the admissions were not compelled in a manner that would invalidate them. Cruz also argued about other evidentiary issues during the trial, including the admission of prior bad acts as evidence and restrictions on jury selection. The court noted that while some of the trial court’s actions could be seen as problematic, they did not rise to the level of prejudice needed to overturn the conviction. In conclusion, while the court affirmed the convictions, they found that Cruz should not have received the life sentences as structured and directed that the case be sent back for proper resentencing under the relevant laws, as the previous sentencing did not follow the correct statutory guidance.

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F-2005-1285

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In OCCA case No. F-2005-1285, Willard Dean Jackson appealed his conviction for lewd or indecent proposal to a child under sixteen. In an unpublished decision, the court decided to reverse the conviction and remand the case with directions to enter a judgment of conviction for soliciting a minor for child pornography. One judge dissented.

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F-2005-716

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In OCCA case No. F-2005-716, #Smith appealed his conviction for #Indecent or Lewd Acts with Child Under Sixteen. In an unpublished decision, the court decided #to reverse and remand for a new trial. #n dissented. In this case, Smith was found guilty of committing indecent acts with a young girl named T.C., who was ten years old at the time of the incidents. It all began when T.C. and her family traveled to Oklahoma due to the death of her grandmother. While in Oklahoma, Smith befriended T.C.'s parents and was allowed to spend time with T.C. while her parents worked. One day, Smith took T.C. to a swimming pool. Several women observed Smith engaging in suspicious behavior with T.C., such as fondling her and kissing her inappropriately. They felt that T.C. looked scared and uncomfortable. After watching the situation for about two hours, they called the police. The police spoke to T.C. and her parents, but at first, T.C. denied that anything inappropriate had happened. However, during the police investigation, Smith made troubling statements, including mentioning that he had previously been convicted of a similar crime against his own daughter. During the trial, T.C. testified that she thought of Smith like a grandfather and said he never touched her inappropriately at the pool. However, the other witnesses provided consistent testimonies about what they observed. The jury ultimately believed the eyewitnesses over T.C.'s denial of the abuse. Smith's defense argued that the evidence was not sufficient, and they challenged whether the trial was fair. They also raised several legal points regarding sentencing and the inclusion of evidence from past crimes. The court agreed with some of these points, particularly regarding the trial's fairness and the admissibility of evidence related to Smith's prior convictions. In the end, the court reversed Smith's conviction and ordered a new trial because they found issues in how evidence and instructions were handled during the original trial. Smith will now have another chance to contest the accusations against him.

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F-2005-1282

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In OCCA case No. F-2005-1282, Earl Andrew Dahl, Jr., appealed his conviction for multiple sexual offenses including Rape by Instrumentation, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In an unpublished decision, the court decided to affirm the judgments of the trial court but remanded the case for resentencing. One member of the court dissented. Dahl was found guilty on fifty counts related to these serious crimes, and the jury recommended various sentences for these counts, which were to be served one after another (consecutively). Dahl argued several points in his appeal, including that the evidence was not strong enough to support his convictions and that the sentences were excessive. He also claimed that the prosecutor asked unfair questions during the trial and that the trial court made errors by not giving certain instructions related to the law. After reviewing the evidence, the court concluded that there was enough proof to uphold Dahl's convictions, as the victim's testimony was clear and trustworthy. They also noted that there were certain errors in how the trial was conducted, particularly the failure to provide an important instruction known as the 85% Rule, which affected how the jury decided on the sentencing. Because of this, the court ordered a new sentencing hearing to correct this mistake. Overall, while the convictions were upheld, the court acknowledged that the trial process had flaws, which led to their decision to allow for resentencing for Dahl.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for multiple counts of serious crimes, including First Degree Rape and Forcible Oral Sodomy, following a jury trial in Oklahoma County. In an unpublished decision, the court decided to reverse the convictions and order a new trial. One judge dissented. Marion Lewis was found guilty of several serious charges after a trial where he represented himself. He went to trial and was sentenced to life without the chance for parole for most counts and twenty years for another. He believed the court did not properly warn him about the risks of representing himself and raised concerns about his mental ability to stand trial. He also argued that the trial court did not allow him enough time to prepare his defense, which he felt hurt his case. The court found that the trial judge did not give Lewis enough time after he was allowed to represent himself just a few days before the trial started. This lack of time made it hard for him to gather witnesses and evidence that he thought were important for his defense. The court decided the denial of his request for more time was unfair and violated his rights. In the end, the court reversed Lewis's convictions and ordered a new trial, agreeing that the trial process had not been fair. However, one judge disagreed, believing that the trial court acted correctly in denying the request for more time, stating that Lewis had not shown he would have been able to present a strong defense even if he had been given more time.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Indecent or Lewd Acts with a Child. In an unpublished decision, the court decided to reverse his convictions and order a new trial. One judge dissented. Mr. Lewis was found guilty by a jury in Oklahoma County for serious crimes against a child. The jury decided that he should serve life in prison without parole for the majority of the counts and 20 years for one count. He then appealed this decision, raising three main problems he believed were wrong in his trial. First, he argued that he wasn't properly warned about the risks of representing himself in court, which meant he didn't fully understand what he was giving up by choosing to do so. This was important because it related to his rights as a citizen, protected under the Sixth Amendment. Second, he claimed that the trial court didn't look carefully at whether he was capable of standing trial. He thought there were signs that suggested he wasn't mentally fit for the trial, which might have violated his rights under the Fourteenth Amendment. Third, he complained that the trial court wouldn't allow him to delay the trial, which prevented him from calling witnesses and putting forth a strong defense. He believed this decision also violated his rights. The court noted that Mr. Lewis had been asking to represent himself for a long time before the trial. However, he only received permission to do so a few days before his trial began. The trial court denied his request for more time to prepare and to gather witnesses that he wanted to bring to help his case. The judges noted that having enough time to prepare is important for someone defending themselves in court, especially when they have only just been allowed to do so. The court found that denying him more time was unfair and hurt his chances for a fair trial. As a result, the court agreed that his right to present a defense had been violated when the trial court wouldn’t allow a continuance. This led them to reverse his convictions and order a new trial, meaning he would have another chance to fight the accusations against him. The other issues he raised about warnings and competency were not necessary to discuss because they were overshadowed by the first issue. In conclusion, the court decided that Mr. Lewis's convictions were unfair, and he will get a chance to have a new trial. One judge disagreed with this outcome, feeling that the trial court made the right decision in denying a continuance and that Mr. Lewis had not shown how he was harmed by that decision.

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F-2003-802

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In OCCA case No. F-2003-802, the appellant appealed his conviction for multiple serious crimes against minors. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One member of the court dissented regarding the sentences. The appellant was found guilty of many crimes, including possession of obscene material involving minors and various forms of sexual assault and exploitation. The jury decided on significant punishments, including life imprisonment for some counts and substantial fines. The sentences were ordered to run one after the other, meaning the appellant would serve a long time in prison without the chance to have some time overlap. The appellant raised several issues during the appeal. He argued that his trial was unfair for various reasons, such as hearsay evidence being allowed and prejudicial comments from the prosecutor. He also claimed that he was charged with crimes that were not consistent with the law at the time of the offenses, notably regarding the sexual exploitation charge. The court evaluated each point raised by the appellant. They found that while there were errors in how the trial was handled, not all of them affected the final outcome significantly. Some errors were considered harmless or did not warrant a change in the verdict. The court agreed that some charges were problematic, particularly that of sexual exploitation, which the court decided to reverse and dismiss. The court concluded that the appellant's conviction for the possession charge should reflect a different statute and that some sentences exceeded legal limits. The court modified these sentences appropriately and affirmed most of the other convictions. One judge did not agree with the decision to have all sentences run consecutively and believed they should run together instead, which would allow for a potentially shorter total time in prison. This disagreement highlights the differing opinions within the court regarding the severity and application of sentences. In summary, the case involved serious crimes with significant legal discussion around the fairness of the trial and the appropriateness of the resulting sentences.

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SR-2003-276

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In OCCA case No. SR-2003-276, Stephen Lee Terry appealed his conviction for indecent or lewd acts with a child under sixteen. In a published decision, the court decided to affirm the trial court's ruling that dismissed the charges against him. One judge dissented. The case started when Terry was caught secretly videotaping young girls, aged eight to twelve, at a public place. He admitted that he watched these videos for sexual gratification. The court had to decide if his actions were considered a crime under the law. For the law to apply, it needed to be proven that he looked at the body or private parts of the girls, which is one of the elements that must be shown in such cases. The trial court ruled in Terry's favor, stating that simply filming clothed girls in a public space did not meet the legal definition required for the charge against him. While Terry's actions might be seen as inappropriate or offensive, the court concluded that what he did did not violate the law according to the specific requirements set out. Thus, they confirmed the trial court's decision.

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C-2003-399

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In OCCA case No. C-2003-399, Ronnie Lamar Coulter appealed his conviction for multiple counts including First Degree Rape and Assault with a Deadly Weapon. In a published decision, the court decided to affirm part of the original conviction while reversing the conviction for Count 12, which was for Assault with a Deadly Weapon. One judge dissented. Coulter had pleaded guilty to several serious crimes and was sentenced to a total of 200 years in prison. He later tried to withdraw his guilty plea, but the trial court denied this request. His appeal included complaints about the lack of a recorded sentencing hearing, the harshness of his sentence, and the validity of the Count 12 charge. The court found that Coulter had knowingly and voluntarily entered his plea and that the lack of a recorded hearing did not hinder his ability to appeal. The judges ruled that there wasn’t evidence to suggest that the sentencing was unfair or based on inappropriate information. However, Coulter's appeal concerning Count 12 was granted because the judges agreed that there was no basis for the charge since no battery had been committed as required by law. Thus, the court upheld most of the original convictions but reversed the one regarding Assault with a Deadly Weapon.

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F 2003-648

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In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

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F-2001-1170

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In OCCA case No. F-2001-1170, Willie West King, Jr. appealed his conviction for Lewd Molestation of a Child Under Sixteen Years Old. In an unpublished decision, the court decided to affirm the conviction for Count I but reversed the conviction for Count II with instructions to dismiss. One judge dissented regarding the length of the sentence for Count I, suggesting it should be modified to 20 years. Willie West King, Jr. was found guilty by a jury of two counts of lewd molestation after a trial in Texas County. The jury gave a punishment of 65 years for each count, and these sentences were to be served one after the other. King appealed this decision, arguing several points. First, he claimed that the jury instruction on the crime had a serious mistake because it left out an important part that should have been included. However, the court found that even though this was a mistake, it didn’t change the outcome of the trial because other parts of the instructions were clear. Second, King argued that there wasn’t enough evidence to support the second count against him. The court agreed, saying that the evidence really showed an attempt rather than a completed act of lewdness. Therefore, they reversed that part of the conviction and said it should be dismissed. Third, King felt that the court should have told the jury they needed to have another witness to back up the victim's claim. The court disagreed, stating that the victim’s testimony was believable, and did not need another person to support it. Fourth, King thought that the jury should have been informed he would have to serve 85% of his sentence before being eligible for parole. The court found that this wasn’t necessary in this case because the law didn’t require it. They also decided that the prosecutor’s comments during the trial didn’t unfairly influence the jury’s decision. Fifth, King raised a concern about evidence from Texas being allowed in without proper proof. However, the court found that the evidence was correctly shown as valid. Lastly, King argued that all the mistakes in his trial together made it unfair for him. The court concluded that while there were some errors, they were not serious enough to have denied him a fair trial. In summary, the court upheld King’s conviction on Count I but found that Count II was not supported by enough evidence, so it was reversed and dismissed. One judge disagreed with the long sentence for Count I, believing it was too harsh and should be lowered to 20 years instead of 65 years.

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F-1999-1465

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In OCCA case No. F-99-1465, Sean Michael Johnson appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to modify Johnson's conviction for First Degree Rape to Second Degree Rape and reduce his sentence to five years. The judgments and sentences for the other counts were affirmed. One judge dissented, expressing concerns about the handling of juvenile procedures in this case.

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F 2000-515

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In OCCA case No. F 2000-515, Larry Alan Schroeder appealed his conviction for multiple serious crimes including burglary and sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions and sentences but reversed some related to specific counts due to insufficient evidence and legal issues. One judge dissented regarding the reversal of certain burglary counts, believing there was enough evidence to support those convictions. Ultimately, some charges were upheld while others were dismissed, shaping the outcome of the appeal.

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