Collateral Attack Archives

F-2017-851

Post author:Staff
Post published:November 8, 2018
Post category:F

In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.

F-2002-1561

Post author:Staff
Post published:September 25, 2003
Post category:F

In OCCA case No. F-2002-1561, Joe Edward Stratmoen appealed his conviction for Unlawful Possession of a Dangerous Drug and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm the life sentence for the drug charge but modified the sentence for the weapons charge to two years. One judge dissented. Stratmoen was found guilty of having methamphetamine and a weapon during a crime. He was originally sentenced to a long prison term. However, he argued that he did not agree to a key part of his sentencing, which led to a re-sentencing trial being ordered. At this new trial, the jury decided he should have a life sentence for the drug charge and a ten-year sentence for the weapon charge. Stratmoen’s appeal brought up several points. He said the court shouldn’t have let a jury re-sentence him just for this non-death penalty case. He also argued that he never truly agreed to his earlier convictions being used against him before. Stratmoen claimed that testimony from police officers during his trial was unfair and that the way the prosecutor spoke about parole led to a wrong verdict. Lastly, he felt that a life sentence for having drugs was too harsh for his situation. After looking at everything, the court thought that Stratmoen's sentence for possessing a weapon should be reduced to two years since it couldn’t be increased further. They agreed that the trial court was right in letting a jury examine whether he had prior convictions but pointed out that they had to correct some details about his life sentence, making sure it indicated he could be eligible for parole. In conclusion, while his life sentence was upheld, it was important to ensure that the legal documents accurately reflected the possibility of parole, providing him with a fair opportunity for the future.