Concurrent Sentences

F-2012-1014

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In OCCA case No. F-2012-1014, David Lynn Fleming appealed his conviction for Breaking and Entering, Possession of a Controlled Dangerous Substance (Methamphetamine and Marijuana), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for the Possession of a Controlled Dangerous Substance to thirty years. One judge dissented regarding the modification of the sentence. Fleming was tried and found guilty of breaking into a home and possessing illegal drugs. The jury gave him a total of fifty years in prison for one count of drug possession. The main arguments in his appeal focused on whether he was punished too harshly for one act, issues with how the trial was conducted, and improper influences on the jury. The court found some merit in his claims about the evidence presented but ultimately upheld his convictions, changing only the sentence for drug possession based on a legal error made during the trial.

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RE 2012-0601

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In OCCA case No. RE 2012-0601, Danyale Lamont McCollough appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentences and remand for further proceedings. One judge dissented. Danyale McCollough had pleaded guilty to several charges over the years, which included possession of a firearm and robbery with a firearm. He was given suspended sentences, meaning he would not have to serve time in prison right away, but he had to follow certain rules. If he broke these rules, his suspended sentences could be revoked, and he could go to prison. Later, the State, which is the side that brings charges against people, said that McCollough had committed a new crime. This led to a hearing where a judge decided to revoke his suspended sentences. The judge used some evidence from a different trial to decide this, which McCollough argued was not fair. McCollough said it was wrong for the judge to use evidence from another case without proving it was final. The appeals court agreed with him. They said that the judge had made a mistake by not following the correct legal rules and taking evidence from another trial that was not about the same issues directly related to McCollough’s case. Because of this mistake, the court reversed the revocation of McCollough’s sentences and sent the case back for more review and another chance to prove if he had really violated his probation rules.

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C-2013-150

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In OCCA case No. C-2013-150, a person appealed her conviction for possession of a controlled dangerous substance in the presence of a child and child neglect. In a published decision, the court decided to deny some requests but modified the sentence. One judge dissented. The case involved Jennifer Michelle Stumpe, who pled guilty to two crimes. The first was possessing marijuana in front of a child, and the second was child neglect. She entered a program to help people with drug problems. Unfortunately, her participation in the program did not go well, leading the state to seek to terminate her involvement in the program. After agreeing to terminate her program participation, Stumpe was sentenced to five years in prison for each crime, but the sentences would run together. She later asked the court to let her take back her guilty plea, claiming she did not get a fair chance because of her lawyer and that she didn't understand the consequences of her plea. The court looked closely at her claims. Stumpe argued she did not get good help from her lawyer and that she was confused about the law and the possible punishments. However, the court found that these claims should not change the outcome of her case and that there was no big mistake made that would affect her rights significantly. Stumpe specifically challenged the length of her sentence for the first crime. The law said she could only get a maximum of two years in prison for that charge, but the court had given her five years. The court agreed that this was a mistake and decided to change her five-year sentence for that crime down to two years while keeping the other parts of her punishment the same. In summary, while Stumpe's requests to withdraw her pleas based on poor advice were denied, the court granted her request to reduce her sentence for the first crime to match the law.

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F-2012-236

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In OCCA case No. F-2012-236, #Jonathan Bear Robe Nahwooksy appealed his conviction for #First Degree Rape and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided #to affirm the conviction but modified the sentence. Nahwooksy was originally sentenced to thirty years imprisonment for First Degree Rape and five years for Second Degree Rape by Instrumentation; however, the court changed the thirty-year sentence to twenty years and ordered both sentences to be served at the same time instead of one after the other. During the trial, Nahwooksy was found guilty of raping his second cousin, K.M., who was fourteen at the time. The case revolved around whether the sexual encounter was forced or consensual. The prosecutor's conduct throughout the case led to concerns about the fairness of the trial. Specifically, the prosecutor made inappropriate comments during the trial that seemed to create sympathy for K.M. and portrayed herself and the investigating officer as champions of justice. The court examined the prosecutor's behavior and found that it went beyond acceptable limits, especially when she made personal comments and depicted herself as fighting for victims. While there was enough evidence for the jury to find Nahwooksy guilty, the court believed that the prosecutor's misconduct during closing arguments likely affected the jury's decision on sentencing. In conclusion, while the conviction was upheld, the court decided to reduce Nahwooksy's sentence to ensure fairness in light of the errors made during the trial. #None dissented.

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RE 2012-0575

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In OCCA case No. RE 2012-0575, Greenlow appealed his conviction for several offenses, including unlawful possession of a controlled substance and false impersonation. In an unpublished decision, the court decided to affirm the revocation of Greenlow's suspended sentences but ordered a remand to modify one of his sentences due to it being longer than the law allows. One judge dissented.

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C-2012-686

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In OCCA case No. C-2012-686, Joseph Dewayne Conner appealed his conviction for First Degree Robbery and First Degree Burglary. In a published decision, the court decided to deny his appeal regarding the robbery conviction, but granted it concerning the burglary conviction. The court found that Conner had been misinformed about the possible sentence for burglary, which affected his decision to plead guilty. Although Conner’s actual sentence was within the correct range, the incorrect information he received could have influenced his plea. #n dissented on the decision regarding the robbery conviction.

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RE 2012-0259

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In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

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RE-2011-606

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In OCCA case No. RE-2011-606, Douglas Raymond Norwood appealed his conviction for unlawful possession of a controlled drug (cocaine) with intent to distribute. In an unpublished decision, the court decided to affirm the order revoking Norwood's suspended sentences but vacated the portion of the order that unlawfully lengthened his sentences. One judge dissented. Here's a simple summary of what happened in the case: Norwood was given a six-year sentence for possessing cocaine, but this was suspended, meaning he didn’t have to go to jail right away if he followed certain rules. Later, he had problems following those rules, which led to more charges against him for drug possession. He confessed to these new charges and took a plea deal, which resulted in longer sentences. After some time, a judge reviewed his case and decided to reduce his sentences but required him to go to a program called Avalon after he got out of jail. Norwood didn’t manage to get into Avalon because he couldn't pay the admission fees, which led the judge to completely revoke his suspended sentences. Norwood argued in court that the judge shouldn’t have done that because he had followed some of the rules, and he claimed he didn't intend to break those rules. However, the court found that he didn’t follow the requirement to report to Avalon properly. In the final decision, the court agreed with Norwood about a mistake in how his sentence was handled, stating that the judge had taken away more time than he should have. But overall, the court decided that Norwood had violated his probation, so he had to serve his time in jail as determined by the judge.

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RE-2011-562

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In OCCA case No. RE-2011-562, Jack Joseph Taylor appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided in favor of Taylor, reversing the revocation of his suspended sentence. One judge dissented. The case began when Taylor entered a guilty plea in 2001 to arson and conspiracy to commit arson, leading to a ten-year sentence, most of which was suspended under probation conditions. In 2011, the State accused him of violating his probation due to a new charge of child abuse. A different judge held the hearing, during which he checked evidence from Taylor's new case and found that Taylor had violated his probation. However, he postponed deciding on the punishment until after the new trial. The new trial resulted in a conviction for child abuse, with a ten-year sentence. The judge then revoked Taylor's suspended sentence, which led him to appeal. Taylor argued that he did not receive a fair hearing because the judge presiding over the revocation was previously involved as a prosecutor in his original case. The court ruled that it is important for judges to be neutral and not have prior involvement in cases they are deciding. The court found that the judge should have recused himself due to his past connection with Taylor's case, stating that a decisionmaker must be fair and detached according to legal standards. Ultimately, the court determined that the revocation hearing was not handled correctly and ordered a new hearing before a different judge.

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F-2011-684

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In OCCA case No. F-2011-684, Harold Robert Walker, Jr. appealed his conviction for Driving a Motor Vehicle While Under the Influence of Drugs (Second Offense), Possession of Controlled Substance (Marijuana) (Second Offense), and Carrying a Concealed Weapon. In an unpublished decision, the court decided to affirm the termination of Walker's participation in the Drug Court program, but it remanded the case to correct sentences that exceeded the maximum punishment allowed by law. One justice dissented on the issue of resentencing.

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M 2011-0870

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In OCCA case No. M 2011-0870 and case No. M 2011-0871, Sherry Kay Taylor appealed her conviction for driving under the influence and other related offenses. In an unpublished decision, the court decided to reverse her conviction and ordered a new trial. One judge dissented.

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M 2011-0871

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In OCCA case No. M 2011-0870 and M 2011-0871, Sherry Kay Taylor appealed her conviction for misdemeanors related to driving under the influence and other offenses. In an unpublished decision, the court decided that the trial court made a mistake by not allowing her to have a lawyer during her hearings. One judge dissented. Sherry was charged with driving while under the influence of alcohol, driving without a license, and improper backing in a case from December 21, 2010. She initially pleaded no contest to driving under the influence and received a six-month deferred sentence. Later, she was charged again for driving under the influence of both drugs and alcohol. In September 2011, Sherry went to a hearing where she was supposed to represent herself because her request for a lawyer was denied. The judge believed she had enough time to find a lawyer but Sherry argued that she didn't understand how to represent herself and didn't want to waive her right to have an attorney. The court looked into whether Sherry had been properly informed about her right to a lawyer and whether she had given up that right knowingly. It was found that there was no clear record showing that she had chosen to represent herself or that she understood the risks involved. Ultimately, the court decided that denying her the help of a lawyer was a mistake and ordered that she should have a new trial and a new hearing to review her sentence in a fair manner.

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C-2012-381

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In OCCA case No. C-2012-381, #1 appealed his conviction for #2. In a (published) decision, the court decided #3. #4 dissented. Gary Alan Stine took an Alford plea, which means he didn't admit guilt but accepted the punishment, to several serious crimes including indecent exposure and rape. He was sentenced to many years in prison, with some parts of his sentences running at the same time. Later, Stine tried to withdraw his guilty plea, claiming his sentence was unfair and that the participation of a guardian ad litem, who looks out for the interests of a child in court, negatively impacted his case. He believed this guardian acted too much like a prosecutor, which he thought was wrong. Stine also thought his lawyer did not help him properly during his case. The court looked carefully at everything, including the original records and what was said in court. They found that Stine's claims about both the guardian's role and his lawyer's performance were not valid. They noted that Stine had properly understood the charges against him and his sentence. Because of this, the court decided there wasn't enough reason to change Stine's plea or his sentence. They agreed that some parts of Stine's requests weren't even considered because they were not raised properly earlier. The court also found there was a mistake in the written document of his sentence that needed correcting, but that was just a small clerical issue, not a bigger problem with his case. In the end, the court denied Stine's petition to withdraw his plea and said they would correct the written sentence to match what was said in court.

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C-2011-592

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In OCCA case No. C-2011-592, Philipe Jean Pace appealed his conviction for Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies. In a published decision, the court decided to grant the writ and allow the Petitioner to withdraw his plea and proceed to trial. One judge dissented. Philipe Jean Pace was charged with a crime and, instead of going to trial, he decided to plead nolo contendere, which means he did not contest the charges. The trial judge accepted his plea and sentenced him to twenty years in prison, but he only had to serve the first ten years. After the plea, Pace wanted to change his mind and asked to withdraw his plea, but the court said no. In his appeal, Pace argued two main points. First, he said he didn't understand what he was doing when he gave up his right to have a lawyer help him. He claimed that he didn't really know what would happen if he represented himself. Second, he believed that he was confused and didn’t make a proper decision to plead guilty. The higher court looked at all the details, including what happened in the trial court. They found that the original court did not really explain to Pace the risks of not having a lawyer. They noted that just because he had signed a form saying he wanted to waive his right to counsel, it didn't mean he actually understood what he was giving up. The judges pointed out that there was no evidence in the record that he was properly informed about the dangers of self-representation or that he clearly stated he wanted to represent himself. Because of these problems, the higher court ruled that the lower court made a mistake when it denied Pace's request to withdraw his plea. They believed it was important for a person to fully understand their rights and the consequences of their choices in court. As a result, the court decided that Pace could withdraw his plea and would be able to have a trial.

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C-2010-1179

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In OCCA case No. C-2010-1179, Donnell Devon Smith appealed his conviction for multiple crimes including robbery, sexual battery, and others. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Smith was charged with various offenses in multiple cases and pleaded guilty to all charges on October 19, 2010. He received several sentences, some of which were life sentences, and others ranged from ten to twenty years. After entering his pleas, Smith requested to withdraw them, saying he felt coerced and that he had not been properly informed about the punishments he faced for his crimes. The court looked at three main points raised in Smith's appeal: 1. Smith argued he should be allowed to withdraw his plea for one count of attempted robbery because the ten-year sentence he received was too long. The court found that his sentence was actually five years too long and modified it to the correct five-year maximum. 2. Smith claimed he did not understand the range of sentences for some charges and that this lack of understanding meant his pleas were not voluntary. The court decided that while he had been misadvised, the pleas still appeared to be valid overall because he benefitted from how the sentences were set up to run concurrently. 3. He asserted that he was punished twice for some of the same actions and that some of his pleas lacked enough factual support. The court concluded that the evidence supported the different charges, and there were no double jeopardy issues. The court ultimately affirmed his convictions for all cases besides modifying the sentence that was too long and correcting a minor paperwork mistake regarding how sentences should run together. The court ruled that his plea was knowingly and voluntarily made despite the confusion around sentencing ranges. The decision closed by affirming the ruling of the lower court regarding Smith's attempt to withdraw his pleas, confirming most of the sentences while adjusting the one that exceeded the maximum allowed by law.

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F-2010-1123

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In OCCA case No. F-2010-1123, Chance appealed his conviction for First Degree Burglary and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Chance was found guilty of breaking into a building with the intent to commit a crime and also had illegal drug items in his possession. The jury decided his punishment: thirty years in prison for the burglary and one year in jail for the drug paraphernalia. The court added that these sentences would be served at the same time. Chance raised a few complaints. He argued the prosecutor made improper statements about probation and parole during the trial, which made it unfair for him. He also believed the procedures and instructions during his drug paraphernalia case were wrong and that the court didn't follow the right steps when deciding how much money he should pay back to the victim for restitution. After looking closely at the case, the court agreed that there were mistakes made. The court recognized that the references to probation and parole might have affected the jury's decision on sentencing. Because of this, they lowered Chance's prison sentence from thirty years to twenty years. For the drug paraphernalia charge, the jury was told the wrong information regarding potential punishment, which the court found to be a serious error. They changed Chance's sentence for this from one year in jail to thirty days instead. Lastly, the court agreed with Chance's complaint about the restitution process. They decided the original amount couldn’t stand and ordered the lower court to re-evaluate how much he needed to pay the victim. In summary, the court kept the guilty verdict but changed the length of Chance's sentences and ordered a new hearing for restitution amounts. One judge felt that the original prison sentence should not have been changed since there was no clear evidence of unfairness affecting the jury.

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RE-2010-403

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In OCCA case No. RE-2010-403, Eddie Ray Casey, Jr. appealed his conviction for Knowingly Concealing Stolen Property and Larceny of an Automobile. In a published decision, the court decided to affirm the revocation of Casey's suspended sentence but instructed the District Court to correct the record to reflect that nine total years were revoked. No one dissented.

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C-2010-765

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In OCCA case No. C-2010-765, Polk appealed his conviction for multiple counts including Child Sexual Abuse, First Degree Rape by Instrumentation, Kidnapping, and Lewd Molestation. In an unpublished decision, the court decided to grant his appeal in part by reversing and dismissing the conviction for Lewd Molestation but affirmed the other convictions. One judge dissented.

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RE-2010-9

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In OCCA case No. RE-2010-9, Steven B. Baker appealed his conviction for misdemeanor Resisting an Officer and felony Assault with a Dangerous Weapon and Possession of a Controlled Drug (Cocaine Base). In a published decision, the court decided to affirm the revocation of Appellant's suspended sentences, but recognized that Appellant was entitled to credit for time he had already served. One judge dissented.

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F-2010-267

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In OCCA case No. F-2010-267, James Lyman Mahaffey appealed his conviction for Assault & Battery with a Deadly Weapon, Kidnapping, and Possession of Firearm After Conviction. In a published decision, the court affirmed the convictions but modified the sentences to be served concurrently instead of consecutively. One judge dissented. Mahaffey was accused and found guilty of serious crimes against his wife, including assault and kidnapping. The trial took place in the District Court of Grady County. After the jury convicted him, the judge sentenced him to life in prison for the assault, 10 years for the kidnapping, and 6 years for possession of a firearm, all lined up to be served one after the other, or consecutively. Mahaffey asked to represent himself during the trial, which means he wanted to defend himself without a lawyer. He argued that the court should not have allowed him to do this because he didn't clearly understand the risks involved in self-representation. However, the court decided that he was competent to represent himself and had made an informed decision. They had warned him that representing himself could be risky and could lead to mistakes that might change the outcome of the trial. During the trial, Mahaffey raised some claims against the prosecutor's behavior. He argued that the prosecutor acted unfairly by making comments that may have influenced the jury. For instance, Mahaffey claimed the prosecutor misrepresented the meaning of a life sentence and made other comments that distracted from the trial's fairness. However, the court concluded that while there were some mistakes made by the prosecutor, they were not serious enough to change the outcome of the case concerning his guilt. Despite this, the court found that the conduct during sentencing raised concerns about the fairness of the sentencing itself. The jury specifically asked about how the sentences would be served, indicating they were worried about the total time Mahaffey would spend in prison. Because of this, although Mahaffey’s convictions were upheld, the court changed the sentences to allow them to be served concurrently, meaning all the prison time would be served at the same time rather than one after the other. Ultimately, the court's decision meant Mahaffey would still have to serve his time, but the way his sentences were structured was altered to be less severe. The case was sent back to the lower court to fix the official documents to reflect that change in sentencing.

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RE 2010-0600

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In OCCA case No. RE 2010-0600, Beau Ashley Kifer appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for two of the counts but reversed the revocation for the other two counts because the court did not have the authority to act on those counts since the sentences had already expired. One judge dissented.

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F-2009-749

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In OCCA case No. F-2009-749, Waymond George Morrison appealed his conviction for multiple offenses, including Possession of Controlled Dangerous Substances (CDS) with Intent to Distribute, Driving a Motor Vehicle Without a License, Distribution of CDS, and Possession of Proceeds from drug-related activities. In an unpublished decision, the court decided to affirm his conviction for three counts while reversing one count related to possession of proceeds, ordering that it be dismissed. One justice dissented. Morrison faced several serious charges related to drugs and was sentenced to a total of 100 years in prison for the most severe charges, along with some fines. During his trial, he argued that his rights to due process were violated, that there was an improper handling of testimony, and that he faced double punishment for his actions. The court evaluated his claims: 1. The first issue was whether Morrison’s rights were violated when the court didn’t allow certain testimony. The court decided that the excluded testimony wasn't relevant to the case, so his rights were not infringed upon. 2. The second concern was about the trial being split into two parts (bifurcated). The court ruled that this was a correct decision and that it did not abuse its discretion. 3. Morrison also contended that testimony from a rebuttal witness should not have been permitted. The court found that this was appropriate because the rebuttal witness provided necessary clarifications to previous testimonies. 4. Regarding the issue of double punishment, the court explained that Morrison’s possession and distribution charges were based on separate actions—one for having cocaine and one for selling it. However, his conviction for possession of proceeds was tied to the same act of selling cocaine, so that particular conviction was reversed. 5. The sufficiency of the evidence against him was also questioned. The court found that there was enough evidence for the jury to reasonably convict Morrison of intent to distribute due to the drugs found in his car shortly after a sale. 6. Lastly, Morrison felt his sentence was excessively harsh. The court did not agree, noting that due to his previous criminal record, the sentence was justifiable. In conclusion, the court upheld the majority of Morrison's convictions and sentences, significantly addressing various legal arguments made by him during the appeal process.

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RE-2010-431

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In OCCA case No. RE-2010-431, Edwards appealed her conviction for QUERKing a Forged Instrument. In an unpublished decision, the court decided that while Edwards' five-year suspended sentences were properly revoked, the District Court mistakenly ordered the sentences to run consecutively instead of concurrently. The court agreed with the State's request to remand the matter for re-sentencing to align with the original judgment. No dissenting opinion was filed.

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F-2009-1067

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In OCCA case No. F-2009-1067, Embry Jay Loftis appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Loftis's Judgment but modify his Sentence to thirty years imprisonment. One judge dissented. Loftis was found guilty by a jury and received a punishment of forty years in prison and a $10,000 fine. He appealed for several reasons. First, he believed that he was unfairly denied the chance to present witnesses who could help his case. Second, he felt that representing himself during the trial was not properly allowed since the court didn’t check if he was capable of doing so. He also argued that the jury should not have been allowed to consider his past convictions for enhancing his punishment because they were part of the same event. Loftis claimed that missing written jury instructions meant he couldn't fully contest the second part of the trial. He also stated that the prosecutor made improper comments during closing arguments that hurt his chances of a fair trial. Additionally, he questioned if there was enough evidence to prove he had possession of the drugs. Lastly, he thought that all the errors together should lead to a new trial or change in sentencing. After reviewing everything, the court found that while Loftis’ trial was not perfect, the errors did not warrant a reversal of the conviction. However, because of some issues with the sentencing in light of his past convictions and prosecutor comments, they reduced his sentence to thirty years instead of forty. The court maintained that Loftis had enough information to prepare for his appeal, even without the written jury instructions.

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RE-2009-1020

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In OCCA case No. RE-2009-1019, Rico Raynelle Pearson appealed his conviction for revocation of his suspended sentences. In an unpublished decision, the court decided to modify the revocation from a full seven years to three years with four years remaining suspended. One judge dissented. The case involved two prior cases where Pearson pleaded guilty to drug-related charges and received a suspended sentence of seven years. However, the State filed an application to revoke his suspended sentence after he allegedly committed new violations, including possession of drugs and traffic offenses. During the revocation hearing, the judge determined that Pearson had violated his probation and revoked his suspended sentence completely. However, Pearson argued that the evidence against him was not strong enough and that the punishment was too harsh for the minor violations he committed. The appeals court agreed that the original decision to revoke the entire sentence was excessive because the stated reasons were not correct and the violations were minor. The court noted that one reason for the revocation was based on a misunderstanding regarding earlier convictions that were not relevant. Consequently, they reduced the length of the revocation while still affirming the revocation of some portion of his sentences.

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