Committing a Felony Archives

F-2021-636

Post author:Staff
Post published:August 4, 2022
Post category:F

In OCCA case No. F-2021-636, the appellant appealed his conviction for possession of explosives, possession of a stolen vehicle, using a security camera or system while committing a felony, and possession of a firearm after a former conviction of a felony. In an unpublished decision, the court decided to reverse and remand for a new trial on the charge of using a security camera while committing a felony. The court affirmed the judgment on all other counts. One judge dissented. Eric Casey Zeiset was found guilty after the jury trial in Grady County. He was sentenced to a total of 620 years in prison for multiple offenses, including possession of explosives and firearms. Zeiset challenged several aspects of the trial, specifically arguing there was not enough proof of his intent or possession of the explosives. He also claimed the trial court made mistakes in jury instructions and that his long sentence was excessive. The court examined the evidence presented during the trial. Four improvised explosive devices were found in Zeiset's home. Experts testified that the way the explosives were packaged suggested they were intended to be used harmfully. The court noted that Zeiset had a history of being armed and had surveillance cameras around his house, which supported the jury's decision on his intent to use the explosives for illegal purposes. The court addressed errors in jury instruction regarding one of the charges, ruling that the absence of required instructions on using a security camera was a significant mistake that needed to be corrected. However, the other convictions, including possession of explosives, were upheld based on the evidence provided. Overall, the court found that while there were significant points raised in the appeal, the conviction for possession of explosives was supported by enough evidence. The decision emphasized the importance of appropriate jury instructions for fair trials.

F-2002-1470

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

In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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.

F 2002-809

Post author:Staff
Post published:August 15, 2003
Post category:F

In OCCA case No. F 2002-809, the appellant appealed his conviction for trafficking in illegal drugs and possession of a firearm while committing a felony. In a published decision, the court decided to reverse the conviction. One judge dissented. Russell Andrew Doza was found guilty of trafficking in methamphetamine and possessing a firearm during a felony. The trial took place in Logan County, where the judge sentenced him to ten years in prison for the drug charge and two years for the firearm charge. The sentences were set to be served at the same time. The main point of the appeal was whether the police officers had the right to search his car. The appellant argued that the officers were outside their legal area when they conducted the search. The court agreed with him, referencing a previous case that stated police cannot perform searches outside their jurisdiction. Because the evidence used against him was obtained unlawfully, the court found there was not enough evidence to support his convictions. Therefore, they reversed the lower court's decision and instructed that the case be dismissed.