Choctaw County

F-2018-547

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**Oklahoma Court of Criminal Appeals Summary Opinion: Carlos Antonio King v. State of Oklahoma** **Case No.:** F-2018-547 **Filed:** May 30, 2019 **Judges:** LUMPKIN, P.J., LEWIS, P.J., KUEHN, V.P.J., HUDSON, J., ROWLAND, J. **Facts of the Case:** Carlos Antonio King was convicted by a jury for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine and Marijuana) and Unlawful Possession of a Firearm After a Prior Felony Conviction in the District Court of Choctaw County. The jury sentenced him to 20 years each for the drug counts (concurrent) and 1 year in jail for the firearm count (consecutive). **Propositions of Error:** 1. Admission of other crimes evidence violated King's right to a fair trial. 2. Admission of evidence related to an alleged December 2015 buy and an existing arrest warrant violated his fair trial rights. 3. Evidence from an April 15 vehicle search should have been suppressed due to a violation of his Fourth Amendment rights. 4. Prosecutorial misconduct due to the premature publication of unadmitted photographs. 5. Cumulative errors denied him a fair trial. 6. Insufficient evidence to convict him for Possession with Intent to Distribute. **Court's Analysis and Decision:** 1. **Proposition One:** The court upheld the trial court’s decision to admit evidence of other crimes, determining it was relevant to prove knowledge and intent, affirming that it did not substantially outweigh its prejudicial effect. 2. **Proposition Two:** King’s argument regarding the December 2015 buy and arrest warrant was found forfeited due to lack of supporting argument or authority, hence denied. 3. **Proposition Three:** The court found that the search warrant adequately described the areas to be searched. The vehicle, parked on the premises described in the warrant, did not require an additional search warrant. No plain error was identified. 4. **Proposition Four:** While it was noted that the prosecutor used photographs in opening statements that hadn’t yet been admitted into evidence, this was not found to affect King's substantial rights, especially since the photographs were ultimately admitted without objection. 5. **Proposition Five:** The court denied the cumulative error claim, stating that no errors were identified during the trial. 6. **Proposition Six:** The court used the Jackson v. Virginia standard for evaluating the sufficiency of evidence, affirming that sufficient evidence existed that could lead a rational jury to conclude King's guilt beyond a reasonable doubt. **Conclusion:** The Oklahoma Court of Criminal Appeals affirmed the judgment and sentence of the District Court, finding no reversible errors in the trial proceedings. **Opinion by:** LUMPKIN, P.J. **Concurred by:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-547_1735318084.pdf)

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RE-2014-575

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In OCCA case No. RE-2014-575, Jason Duane Barnes appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the decision to revoke his suspended sentences. The judges noted that the evidence was not enough to support the revocation because the prosecution failed to show that the judgment related to his new crime was final. One judge dissented.

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RE-2010-304

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In OCCA case No. RE-2010-304, Jason Dean Vansickle appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to modify the order related to his suspended sentences. One judge dissented. Here’s a summary of the case: Jason was found guilty of two counts of Knowingly Concealing Stolen Property. The judge initially decided to wait five years before making a final decision about Jason's punishment, allowing him to follow some rules during that time. But later, the state said Jason broke those rules by using drugs and not paying fees. After a hearing, the judge decided that Jason did break the rules and ordered that he serve a year in jail. The judge added that if Jason could finish rehab during that year, he could avoid additional punishment. Jason disagreed with the judge's decision, especially the part about needing to serve a calendar year in jail, believing it meant he had to stay there every day without earning any time off. The court agreed with Jason that the judge didn't have the authority to set his punishment this way. It clarified that any time taken off his punishment should be based on the original sentence without this added calendar requirement. The court decided that the year part of the sentence, as described by the judge, should be changed. They kept the other parts of the judge's decision the same but removed the requirement for serving a calendar year in jail. Overall, the case highlighted that judges must follow specific rules when deciding on punishments and that adding extra conditions could go beyond what they are allowed to do.

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RE-2008-1001

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In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.

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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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RE-2001-649

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In OCCA case No. RE-2001-649 and RE-2001-650, the appellant appealed his conviction for violating probation conditions. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence; however, it instructed the lower court to make a correction regarding the time remaining on one of the sentences. One judge dissented. The case started back in 1996 when the appellant took a plea deal for a charge related to pointing a firearm and was given a ten-year sentence that was suspended while he was on probation. However, by 1996, five years of this probation was revoked due to several violations. In 2000, the state accused the appellant of more violations, including failing to report to his probation officer, moving without notice, and using marijuana. The court initially delayed proceedings, offering a chance for the appellant to meet specific conditions like paying fees and performing community service, which if completed, would see the revocation dismissed. Later in June 2000, the appellant pleaded guilty to another charge related to neglecting to provide for a child, receiving another suspended sentence. Following this, the state claimed he violated his probation again by committing new offenses. In February 2001, further violations were noted which included again not paying fees or attending required programs. A hearing took place where the court ultimately decided to revoke all of the appellant's suspended sentences. The appellant argued that the court was wrong to revoke his entire sentence given the circumstances, but the court found sufficient evidence that he violated probation rules. The appeal confirmed that the appellant had multiple opportunities to meet the probation requirements but did not follow through. While the court affirmed the revocation, it recognized that the appellant’s remaining time on one of the sentences was less than what the trial court indicated and ordered a correction about it.

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F-2005-392

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In OCCA case No. F-2000-638, Ray Lamont Hubbard appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided that the assessment of incarceration costs against him needed further review because the process used to determine those costs was not followed properly. The opinion noted that Hubbard's ability to pay was considered, but remanded the case for an evidentiary hearing to correctly calculate the incarceration costs. In OCCA case No. F-2000-194, Troy Don Cape also appealed the assessment of incarceration costs after pleading guilty to Driving While Intoxicated. The court similarly decided to vacate the amount of costs assessed against him because the required procedure for determining the costs was not adequately followed. Both cases were sent back for hearings to determine appropriate incarceration costs. One judge dissented on the decision to vacate and remand, believing that the assessments were already supported by sufficient evidence and that the trial courts had acted within their discretion.

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