RE-2019-683

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In OCCA case No. RE-2019-683, the appellant appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the revocation but modify it to be limited to six months. One member dissented. The case involved the appellant who had earlier been sentenced for multiple crimes, including possession of a controlled substance and driving under the influence. Initially, he was given a suspended sentence where he would serve time in jail only on weekends. However, he violated the terms of his probation several times by failing to report, pay fees, and complete required programs. After a while, he faced new charges for more serious crimes, which led to the state seeking to revoke his suspended sentence altogether. During the hearing for the revocation, the judge decided to revoke all five years of his suspended sentence. However, the court found later that this action was not appropriate. The court ruled that even though the appellant had committed technical violations, he could only be punished with a maximum of six months because the alleged new crimes occurred after his probation had expired. The court concluded that the trial judge had made a mistake when revoking the whole five years instead of just six months based on the technical violations proven. Thus, the revocation punishment was modified by the court to six months instead of five years.

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F-2018-596

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals related to the case of Worth Lerance Martin. The appellant, Martin, was convicted of two offenses in the District Court of Stephens County: Feloniously Pointing a Firearm and Possession of a Firearm After Conviction of a Felony. Following a bench trial, he was sentenced to twenty-five years in prison and a $1,500 fine for each count, with sentences to run concurrently. In his appeal, Martin argued that the twenty-five-year sentences were shockingly excessive. However, the Court reviewed the circumstances of the case, including Martin's violent behavior of pointing a pistol at another individual and using threatening language, which occurred without provocation. The Court noted that Martin presented no counter-evidence to challenge the victim's testimony or the State's evidence and did not dispute his criminal history, which was a factor in determining his sentence. Ultimately, the Court found that the imposed sentences were not shocking to the conscience, especially when considering the nature of the offenses and the fact that they were less severe than what the prosecutor requested. Consequently, the Court affirmed the judgment and sentence from the lower court. The decision signifies the Court's discretion in sentencing and highlights the weight of prior criminal history and the nature of the crimes committed when determining appropriate punishment. In conclusion, the judgment and sentence of the District Court of Stephens County is affirmed, and the Court ordered that the mandate be issued upon filing this decision.

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F-2017-970

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In OCCA case No. F-2017-970, Angelica C. Coats appealed her conviction for several crimes including drug possession and obstruction of an officer. In an unpublished decision, the court decided to affirm the district court’s decision to accelerate her deferred judgment and sentence because she had violated probation by failing to pay required fees. One judge dissented, arguing that she was not willfully failing to pay because she had been declared indigent in court and there was no inquiry into her ability to pay.

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C 2014-693

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In OCCA case No. C 2014-693, a person appealed his conviction for child neglect. In an unpublished decision, the court decided to allow him to withdraw his no contest plea due to receiving bad advice from his attorney, which made his plea not knowing and voluntary. One judge dissented.

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RE-2011-710

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In OCCA case No. RE-2011-710, Jermaine Richard Newton appealed his conviction for two counts of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to modify the revocation order of his suspended sentences to time served. One judge dissented. Newton had originally pleaded guilty to the charges and was given a ten-year suspended sentence, which meant he would not go to prison right away as long as he followed certain rules. One of the rules was that he could not break any laws. Later, he was accused of violating a protective order that had been put in place to keep him away from a specific person. The court examined whether there was enough evidence to show that Newton had broken the order. They found that there was enough proof that he had violated the order by being near the person it was intended to protect. The court also looked at whether the decision to revoke his suspended sentences was fair or too harsh. The judges noted that he was young and hadn't been in trouble before this violation. They concluded that sending him to prison for the full ten years was not necessary since he hadn't done anything very dangerous lately. In the end, the court decided he should not serve the full ten years but should instead be given a second chance, and they ordered that he should be returned to probation. The judges who agreed with this decision believed it was a fair outcome. However, one judge disagreed and felt that the original decision to revoke his suspended sentences should stand.

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C-2008-273

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In OCCA case No. C-2008-273, Charles Bert Jones, Jr. appealed his conviction for First Degree Felony Murder, Assault and Battery with a Dangerous Weapon, and Conspiracy to Commit a Felony. In an unpublished decision, the court decided to grant Jones the ability to withdraw his plea and proceed to trial. One judge dissented. Jones entered a guilty plea for serious charges in the Oklahoma County court. The judge gave him life sentences for some counts and a ten-year sentence for another, but his requests to change this were denied. The main issue was whether he made his guilty plea knowingly, which means he understood what he was doing. The court found that there was enough evidence to say that Jones was misled by his attorney, who suggested he would get a better sentence than what the judge actually imposed. Because of this situation, the court ruled that Jones should be allowed to undo his plea and have a new trial. They ordered his case to be handled by a different judge to avoid any unfairness. The dissenting judge felt there was no strong evidence to grant Jones's request and believed the original decision should stand.

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F-2004-1261

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In OCCA case No. F-2004-1261, Jonathan Dwight Harjo appealed his conviction for rape in the first degree. In a published decision, the court decided to affirm the conviction but modify the sentence to ten years in prison. One judge dissented regarding the sentence modification.

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M-2002-1146

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In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

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