Community Safety

F-2018-793

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **MARTIN OCHOA MEDINA,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-793** **FILED AUG 29 2019** JOHN D. HADDEN, CLERK --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Martin Ochoa Medina appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-275, for Assault and Battery with a Deadly Weapon, After Former Conviction of a Felony in violation of 21 O.S.2011, § 652. The Honorable Doug Haught, District Judge, presided over Medina's jury trial and sentenced him, in accordance with the jury's verdict, to life imprisonment. Medina raises a single issue on appeal: whether he was denied a fair sentencing proceeding because of prosecutorial misconduct throughout the second stage of his bifurcated trial. **1. Prosecutorial Misconduct Claim** Medina contends he was denied a fair sentencing proceeding due to prosecutorial misconduct during the second stage of his trial. He specifically argues that the prosecutor improperly introduced details of his prior conviction, appealed to sympathy for the victim, and wrongly commented on the potential for him to commit future crimes. However, Medina failed to object to these comments during the trial, waiving review of this claim for all but plain error. **Reviewing for plain error**, the Court finds that Medina has not shown that any alleged prosecutorial misconduct affected the outcome of the trial. Arguments made during closing are considered within the context of the entire trial. While the prosecutor did make improper comments regarding future crimes, reviewing the totality of the circumstances, such comments did not significantly impact the fairness of the sentencing proceeding. **DECISION** The Judgment and Sentence of the district court is **AFFIRMED**. --- **OPINION BY: ROWLAND, J.** **CONCURRING IN PART/DISSENTING IN PART:** **HUDSON, J.:** I write separately to dissent regarding the finding of plain error related to the prosecutor's comments about the potential for future offenses. The majority's reference to prior case law does not fully support their conclusion, as the prosecutor's comments were grounded in the evidence presented during trial and were relevant to the discussion of Medina's history and behavior. The prosecutor's arguments were appropriate and based on the evidence regarding Medina's prior violent acts, which warranted discussion in the context of sentencing. There was no misuse of the argument to stir societal alarm but rather a legitimate consideration of the defendant's recidivism. Recidivism has always been a recognized basis for enhanced sentencing, and the defendant's past conviction of a violent crime aligns with the evidence presented during this trial. Therefore, I believe the prosecutor's comments were within the permissible bounds and the majority has incorrectly labeled this as error. I concur with the denial of relief for the remaining arguments but dissent regarding the assessment of error concerning the comments about future conduct. --- For further details, you can [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-793_1735216324.pdf).

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J-2010-653

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In OCCA case No. J-2010-653, the appellant appealed his conviction for multiple charges, including arson and assault on a police officer. In an unpublished decision, the court decided to reverse the juvenile court's order certifying the appellant as an adult. Two justices dissented. The appellant, who was around seventeen-and-a-half years old at the time of the incidents, faced serious charges, including arson and endangering human life. The state wanted to treat him as an adult, and a judge agreed to this on June 25, 2010. However, the appellant's defense argued that the state did not provide clear and convincing evidence to support this decision. During the appeal, the court examined whether the evidence justified treating the appellant as an adult. The judges noted that the law allows for such decisions only in exceptional cases, where a child is deemed not able to benefit from rehabilitation provided in juvenile programs. The appellant's side argued that he was receptive to treatment, as shown by his actions post-incident. He was receiving proper medical treatment after struggling with prescription medication and alcohol use, and he was advancing in his rehabilitation efforts. The justices found that the evidence presented showed the appellant was amenable to treatment and could be rehabilitated if kept within the juvenile system. The court emphasized that just because the acts committed were serious does not mean the child should be treated as an adult without proper evidence. Ultimately, the appeal resulted in the reversal of the certification order, meaning the appellant should not be treated as an adult and should be retained in the juvenile system. The dissenting opinions raised concerns about the risks of letting the appellant remain a juvenile, suggesting that not treating him as an adult could endanger the community given the serious nature of his actions. They believed that the judge's original decision should have been upheld. In conclusion, the majority opinion favored rehabilitation over punishment as an adult, highlighting the importance of the juvenile justice system's focus on the potential for reform and supervision.

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M-2004-802

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In OCCA case No. M-2004-802, the appellant appealed his conviction for Driving Under the Influence of Alcohol and Possession of a Controlled Dangerous Substance (Marijuana). In a published decision, the court decided to reverse the conviction and remand with instructions to dismiss. One judge dissented. The case began when the appellant was stopped by a police officer early in the morning because his car was parked in a lot with its lights on, near a closed restaurant. The officer got suspicious due to a series of burglaries happening in the area recently. When the officer approached the car, it began to move. The officer then decided to stop the vehicle to ask what the appellant was doing there. During the trial, the appellant argued that the stop was illegal. He believed that the officer did not have enough reason to suspect that he was doing something wrong. The officer admitted during the hearing that he did not know for sure if the appellant was involved in criminal activity when he made the stop. The court reviewed the situation and concluded that the officer did not have a good reason to think the appellant was doing anything suspicious. They pointed out that the appellant's actions could easily be seen as innocent. The conclusion was that the officer did not have reasonable suspicion, which is necessary to make a legal stop, and therefore the evidence collected after the stop should not have been used against the appellant. Ultimately, the court reversed the conviction, meaning that the case would not proceed further and the appellant's charges would be dismissed. One judge disagreed with the decision, arguing that the officer had good reasons to make the stop based on the circumstances around the time and location.

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