Confinement

F-2018-1187

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In the Court of Criminal Appeals of the State of Oklahoma, the case reviewed is that of Pearlena Hall, who appealed the decision of the district court following her termination from the mental-health court program. On May 4, 2017, Hall entered guilty pleas in two cases related to larceny, obstructing an officer, and possession of drug paraphernalia. After entering the mental-health court program, she faced a motion to terminate her participation due to allegations of committing a new crime and various rule violations. The court reviewed the appeal for any abuse of discretion regarding the termination. The decision to terminate a defendant from a mental-health court must uphold minimum due process standards, which includes proper notice of violations, an opportunity to be heard, and the ability to confront witnesses. Hall argued that her due process rights were violated because the State did not file a new application for removal and thus did not provide adequate notice about the allegations against her. However, the court found that Hall was aware of the allegations, which she confessed to during the proceedings. The judge provided opportunities for her to comply with program requirements, and a delay in sentencing that favored Hall did not equate to a due process violation. The court highlighted that she could not complain about delays she acquiesced to during the processes. Ultimately, the court affirmed Hall's termination from the mental-health court, ruling that her procedural rights had been sufficiently met. Thus, her appeal was denied, and the termination order was upheld. The court's opinion was delivered by Judge Rowland, with Judges Lewis, Kuehn, Lumpkin, and Hudson concurring with the decision. The mandate was ordered as per Oklahoma Court rules, and the relevant parties were identified for representation. For further reference, you can view the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1187_1734785215.pdf).

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F-2016-179

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In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

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RE-2014-810

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In OCCA case No. RE-2014-810, Simpson appealed his conviction for unlawful possession of a controlled dangerous substance. In a published decision, the court decided to affirm the revocation of Simpson's suspended sentence but vacated the imposition of post-imprisonment supervision. One judge dissented. Simpson had entered a guilty plea to possession of a controlled substance in 2013 and was given a ten-year suspended sentence. His sentence was suspended as long as he followed the rules of probation. However, in 2014, the State accused him of violating these rules by committing a new offense of possession of a controlled substance. After a hearing, the judge decided to revoke Simpson’s suspended sentence and send him to jail for ten years. Simpson raised three main issues in his appeal. First, he argued that the judge's decision to revoke the whole sentence was too harsh given his situation. He was struggling with drug addiction and believed that this should be taken into account. However, since he had previously had several felony convictions and had violated the terms of his probation, the court did not find this argument convincing. Second, Simpson claimed that the judge should not have added post-imprisonment supervision to his sentence after revoking it. The law states that this supervision is required only for those who are in prison after being sentenced, which was not the case for Simpson at the time of his original sentencing. Therefore, the court agreed with Simpson and removed the requirement for post-imprisonment supervision. Lastly, Simpson noted that he had already served ten days of his sentence before it was revoked and argued that the judge should not have ordered him to serve a full ten years in prison. The court acknowledged that the judge had indeed made an error by ordering a full ten years instead of the correct amount of nine years and 355 days, taking into account the time already served. In summary, the court upheld the revocation of Simpson’s suspended sentence, meaning he would go to prison. However, they corrected the total time he needed to serve to reflect the time he had already completed, and they took away the added supervision requirement after his prison term.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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C-2008-938

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In OCCA case No. C-2008-938, William Eugene Henderson appealed his conviction for multiple crimes including robbery, shooting with intent to kill, kidnapping, larceny of an automobile, third-degree arson, and assault and battery with a dangerous weapon. In a published decision, the court decided that Henderson's pleas of guilty were knowing and voluntary, affirming the sentences for most of the counts. However, the court found that the kidnapping charge was not separate from the robbery and reversed that conviction, ordering it to be dismissed. One judge dissented on the issue of the kidnapping conviction.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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F-2001-444

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In OCCA case No. F-2001-444, Eric Anthony Rivera appealed his conviction for Kidnapping and Domestic Abuse. In a published decision, the court decided to reverse the Kidnapping conviction and instructed to dismiss it, while affirming the conviction for Domestic Abuse. One judge dissented. Eric was tried by a jury and found guilty of two serious charges: Kidnapping and Domestic Abuse. The jury gave him a ten-year prison sentence for Kidnapping and a one-year jail sentence for Domestic Abuse, which will be served at the same time. After reviewing the evidence and arguments from both sides, the appeals court found that there wasn't enough evidence to support that Eric truly intended to kidnap the victim secretly. Because of this, the court said that the conviction for Kidnapping should be reversed, meaning they didn't agree with that part of the trial's decision. They felt Eric didn’t get a fair chance regarding that charge because the evidence didn’t meet the legal requirements. However, they found that the case against him for Domestic Abuse still stood strong and was supported by sufficient evidence, so they kept that conviction in place. The judges on the appeal discussed their different opinions about the case, with one agreeing with the majority, while others felt that the Kidnapping conviction should have stayed based on the evidence presented. In the end, the court's decision meant Eric would no longer be punished for Kidnapping but would still serve his sentence for Domestic Abuse.

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