Consecutive Sentences

F-2008-1014

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In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

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F-2008-667

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In OCCA case No. F-2008-667, Daniel Timothy Hogan appealed his conviction for First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy. In an unpublished decision, the court decided to affirm the judgment and sentence for some counts but reversed and remanded other counts based on the statute of limitations. One judge dissented. The case involved Hogan, who lived with his wife and her three daughters, all of whom had learning disabilities. Testimonies revealed that Hogan had sexually abused the girls multiple times over several years, starting when they were very young. The incidents included inappropriate touching and forced sexual acts. Hogan claimed that some charges should be dismissed because the statute of limitations had expired. The court agreed with him regarding several counts, concluding that the state did not press charges in time based on when the victims knew about the incidents and their nature as crimes. Hogan also argued that the trial judge unfairly imposed consecutive sentences rather than allowing them to run concurrently, as he claimed there was a courthouse policy against such decisions. However, the court found that the judge considered the facts of the case in deciding how to sentence Hogan. Ultimately, while some convictions against Hogan were reversed because of the statute of limitations, his life sentence and the convictions that were upheld reflected the seriousness of the abuse he inflicted on the young victims, leaving a lasting impact on their lives.

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C-2009-69

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In OCCA case No. C-2009-69, the Petitioner appealed his conviction for Assault with a Dangerous Weapon, Resisting an Officer, and Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented.

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F-2008-763

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In OCCA case No. F-2008-763, Armand Rashawn Johnson appealed his conviction for multiple charges, including robbery with a firearm, assault with a deadly weapon, burglary, and kidnapping. In a published decision, the court decided to reverse his convictions and remand the case for a new trial. One member dissented. Johnson was found guilty by a jury and was sentenced to a total of 30 years in prison for some counts, while others had sentences ranging from 20 to 40 years. The main reasons for his appeal focused on concerns about how the jury was instructed and treated during the trial. Johnson argued that the trial court's actions could have influenced the jurors' decisions, which should be based on facts and law alone. The court agreed with Johnson on several points. It found that the trial judge's comments and guidance during jury selection were inappropriate and could have pressured the jurors into making decisions against their personal beliefs. This meant that the fairness of his trial was in question. Since the court decided to reverse Johnson's convictions, there was no need to examine the other claims he made about the evidence and the fairness of his sentence. The court emphasized that jurors should only be focused on the law and evidence presented to them and not on any frustrations that might come from court procedures. As a result, Johnson will get a new trial, where the procedures may be handled in a way that better protects his rights.

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F-2008-432

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In OCCA case No. F-2008-432, Anthony Wayne McCosar appealed his conviction for Assault and Battery with a Dangerous Weapon, Threatening an Act of Violence, Public Intoxication, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to vacate certain fines but affirmed the other parts of the judgment and sentence. One judge dissented.

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C-2008-682

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In OCCA case No. C-2008-682, Floyd Ray Williams, Jr. appealed his conviction for manslaughter in the first degree, leaving the scene of an accident resulting in death, eluding an officer, and driving under suspension. In an unpublished decision, the court decided to grant part of his appeal and deny the rest. One judge dissented. Williams had entered a nolo contendere plea, which means he did not admit guilt but accepted punishment for the crimes charged. He was sentenced to a total of 51 years in prison and fines for the various offenses. Williams later tried to withdraw his plea, claiming he had not been given the right information about his punishment and that his lawyer had not helped him properly. The court looked closely at Williams’s arguments. They agreed that he did not know he could get jail time for driving under suspension, so they decided to cancel that one-year sentence. However, they found that his pleas for the other charges were made with understanding, and he couldn't show that he would have acted differently if he had known the correct punishments for the other counts. The judges also believed that the prison sentences were not too harsh, and Williams didn’t prove that his lawyer had done a poor job. Since they found that all but one of Williams's claims were not valid, they denied those parts of the appeal. As a result, the court ordered the lower court to fix a small mistake in the paperwork regarding Williams’s plea and the specific laws he was charged with breaking. The end decision allowed Williams to be resentenced for one specific charge and made sure all details were correct in the official records.

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RE-2008-001

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In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to affirm the judgment but modified the sentence for first-degree murder from life without the possibility of parole to life imprisonment. The sentences for both charges were ordered to run consecutively, and the decision to revoke Lewis's suspended sentence was affirmed. One judge dissented concerning the introduction of a witness's testimony from a previous trial, arguing it violated Lewis's right to confront witnesses.

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F-2008-061

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In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to modify his sentence for first degree murder from life without the possibility of parole to life imprisonment but affirmed the judgment and sentence for robbery. One judge dissented regarding the issue of the introduction of certain testimony. The case began when Lewis and another person killed Orlando Prudom at a park in Tulsa, Oklahoma. They shot Prudom multiple times and took items from him. Lewis was found guilty by a jury and received a harsh sentence because of his previous criminal record. During the appeal, Lewis raised several issues. One concern was about the trial procedure used when the jury decided his sentence after learning of his past conviction. He argued that the jury should not have known about his prior conviction when deciding the murder sentence. The court agreed that the trial procedure was flawed, which affected the fairness of his sentencing, leading them to change his sentence. Lewis also argued that a witness's testimony from a previous trial was used improperly without giving him a chance to confront her. However, the court decided that this error did not significantly affect the outcome because there was a lot of strong evidence against him, such as his own admissions and other witnesses' accounts. Another point Lewis raised was about the introduction of photographs of the victim, which he described as gruesome. The court ruled that these photographs were relevant to the case and did not unfairly prejudice the jury against him. Lastly, Lewis claimed he had ineffective assistance from his lawyer during the trial. The court found that the arguments regarding the trial process were enough to provide relief, while other claims did not show that he suffered from any real prejudice during the trial. The final decision upheld the conviction for murder and robbery, modified the murder sentence, and confirmed the revocation of a previously suspended sentence for another crime. In conclusion, while some issues found in the trial were acknowledged, the court maintained that the evidence against Lewis was very strong.

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F-2007-993

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In OCCA case No. F-2007-993, the appellant appealed his conviction for First Degree Rape and Rape by Instrumentation. In a published decision, the court decided that the failure of defense counsel to call the appellant to testify, after promising the jury he would, constituted ineffective assistance of counsel, which significantly impacted the trial's fairness. The court also found that the admission of other-crimes evidence related to previous molestation was improperly admitted and prejudicial. Because of these reasons, the appellant was granted a new trial. One judge dissented, arguing that the decision to not testify was the appellant's choice and did not affect the trial's outcome.

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F-2008-214

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In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

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F-2007-575

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In OCCA case No. F-2007-575, Jeffrey Marler appealed his conviction for three counts of Sexual Abuse of a Minor and one count of Possession of Child Pornography. In an unpublished decision, the court decided to modify the sentence for the possession count, vacate the fines imposed on all counts, and otherwise affirm the convictions. One judge dissented regarding the sentencing structure for the sexual abuse counts.

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F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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RE 2007-0484

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In OCCA case No. RE 2007-0484, Shaun Lee Gessel appealed his conviction for multiple charges including unauthorized use of a motor vehicle and threatening a witness. In a published decision, the court decided to affirm the revocation of his suspended sentences but ordered the cases to be sent back to the District Court for re-sentencing to fix the errors related to how the sentences were to run. One member of the court dissented.

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C-2007-743

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided to vacate the sentence from the District Court in Case No. CF-2004-31 and remand it back for further proceedings, specifically to determine the unserved portion of Long's sentence. Additionally, the court affirmed the judgment and sentence in CF-2006-90, which was for Burglary in the Second Degree. The court clarified that a prior felony conviction enhanced Long's sentence for the burglary conviction. One member of the court dissented.

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RE 2006-0482

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In OCCA case No. RE 2006-0482, Juston Dean Cox appealed his conviction for multiple charges related to the concealment of stolen property and other offenses. In an unpublished decision, the court decided to affirm the revocation of Cox's suspended sentences but remanded the cases for resentencing to correct the terms to what was originally ordered. One judge dissented.

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C-2006-1154

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In OCCA case No. C-2006-1154, Rayshun Carlie Mullins appealed his conviction for multiple serious crimes, including rape and robbery. In an unpublished decision, the court decided that Mullins could withdraw his guilty pleas to many of the charges because he was not informed that he would have to serve 85% of his sentences before being eligible for parole. One judge dissented, arguing that the court should not vacate the pleas since Mullins knew he faced a long prison term when he entered his guilty pleas.

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F-2007-381

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In OCCA case No. F-2007-381, the appellant appealed his conviction for child sexual abuse, lewd or indecent proposals, and forcible oral sodomy. In an unpublished decision, the court decided to reverse and remand count two while affirming the remaining counts. One judge dissented. Brandon Donell Harris was found guilty of the three offenses in the District Court of Oklahoma County and was given a total of 21 years in prison to serve consecutively. He argued that the state did not provide enough evidence to prove he committed the sexual abuse of a child, that he was wrongfully convicted of lewd acts, that there were issues with the prosecutors' conduct, and that improper comments were made by the trial court during jury selection. The court looked at the evidence and felt that enough was presented to support the sexual abuse conviction, so they upheld that verdict. However, they found that the second count concerning lewd acts required that the child witness the acts, which did not happen in this case. Therefore, they reversed that conviction and instructed for it to be dismissed, while keeping the other convictions intact. For the claims of prosecutorial misconduct and improper trial comments, the court noted that there were no objections made during the trial, so they reviewed these for plain error. They determined that the prosecutor's comments did not significantly impact Harris's right to a fair trial, nor did the trial court's remarks affect the jury's decision. In conclusion, the court reversed the conviction for the lewd acts while affirming the other two convictions and decided that Harris should not be retried on the lewd acts charge. One judge disagreed with the decision to reverse count two, believing the evidence was sufficient to support all charges.

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C-2007-717

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In OCCA case No. C-2007-717, Inez Lee Shaw appealed her conviction for multiple counts of knowingly concealing stolen property and possession of firearms after conviction. In an unpublished decision, the court decided to modify Shaw's sentence for one of the counts from ten years to five years but affirmed the judgments and sentences in all other respects. One judge dissented.

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F-2007-1162

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In OCCA case No. F-2007-1162, Leroy White Jr. appealed his conviction for multiple crimes including trafficking in illegal drugs, failure to obtain a drug stamp, assault and battery on a police officer, unlawful possession of paraphernalia, aggravated assault, attempting to destroy evidence, and threatening a violent act. In an unpublished decision, the court decided to affirm White’s convictions and sentences for the most part while vacating some fines. The court carefully reviewed the arguments White made on appeal. He claimed that his rights were violated when police entered his hotel room without a warrant, that he was wrongly punished multiple times for the same actions, and that he did not receive proper jury instructions regarding fines. The court determined that the police had a good reason for entering the hotel room because they smelled marijuana and were responding to a situation where evidence might be destroyed. This justified the warrantless search. White also argued that being convicted for trafficking drugs and failing to obtain a tax stamp should not both lead to punishment. However, the court explained that the law allowed for separate punishments in this case since the two charges were different and required different evidence. Regarding the fines, the court noted that the trial judge had imposed fines without properly instructing the jury on what fines to recommend. The court agreed this was an error, so they decided to vacate these fines but upheld the minimum fine for the trafficking charge. The court affirmed the judgments and sentences given to White, confirming that while some fines were removed, the convictions remained. The judges involved in the decision agreed on most points but noted some concurrence in the results. In conclusion, White's appeal was mostly denied, but some corrections were made regarding the imposed fines.

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F-2006-1168

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In OCCA case No. F-2006-1168, Steven Allen Flynn, Jr. appealed his conviction for Second-Degree Felony Murder, Concealing Stolen Property, Possession of a Controlled Dangerous Substance (Methamphetamine), Possession of a Controlled Dangerous Substance (Marijuana), and Possession of Drug Paraphernalia. In a published decision, the court decided to affirm his convictions for Concealing Stolen Property, Possession of Methamphetamine, and Possession of Drug Paraphernalia. However, they modified his conviction for Second-Degree Felony Murder to First Degree Manslaughter While Driving Under the Influence and reduced his sentence to twenty years. The court also reversed the conviction for Possession of Marijuana with instructions to dismiss the case. One judge dissented.

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F-2007-58

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In OCCA case No. F-2007-58, Fredrick Demon Cleveland appealed his conviction for possession of controlled dangerous substances. In a published decision, the court decided to affirm the convictions for possession of cocaine and possession of drug proceeds but reversed the conviction for possession of marijuana with instructions to dismiss. One judge dissented from the decision regarding the marijuana conviction. Cleveland was found guilty of three charges: possessing cocaine with the intent to distribute, possessing drug proceeds, and possessing marijuana. The court sentenced him to various terms in prison, with some sentences running consecutively and others concurrently. Cleveland raised several points in his appeal. He argued that convicting him for both cocaine and marijuana possession violated his rights because the drugs were found together. The court found that although he possessed both drugs, it counted as a single act of possession under the law. Thus, they reversed the marijuana conviction. Regarding another point, Cleveland claimed that a witness gave inappropriate testimony that swayed the jury. The court acknowledged this concern but determined the error was not big enough to change the overall outcome of the case. They emphasized that other evidence supported the convictions for cocaine possession and drug proceeds. In summary, the court affirmed the convictions for cocaine and the related crimes but dismissed the marijuana charges, reflecting that the possession of different drugs at the same time can lead to different legal interpretations based on state law. One judge, however, believed that the marijuana conviction should have been upheld, arguing the legislature intended for both offenses to be prosecuted even when the drugs were found together.

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F-2006-469

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In OCCA case No. F-2006-469, Ricky Dale Hester appealed his conviction for First Degree Murder, First Degree Arson, Conspiracy, Robbery with a Dangerous Weapon, and Kidnapping. In a published decision, the court affirmed his convictions on Counts 1, 2, 3, and 4, but reversed the conviction on Count 5 with instructions to dismiss. One judge dissented regarding the kidnapping conviction. Hester was found guilty after a series of serious crimes. The events began when he, along with co-defendant Carl Myers, targeted Richard Hooks. They lured Hooks to a vacant house under false pretenses, where they planned to rob him. Hooks was beaten, stabbed multiple times, and then his body was moved to a garage that was set on fire. The jury sentenced Hester to life in prison without parole for the murder, and significant prison terms for the other counts. During the trial, various pieces of evidence were presented, including confessions made by Hester. However, he raised concerns about certain jury instructions and the admission of evidence. Hester argued that a specific instruction given to the jury about co-conspirator liability was incorrect, as it could lead the jury to presume guilt simply because he was part of a conspiracy. The court found that the jury was properly instructed on the law, and that the evidence presented showed Hester's active involvement in the crimes. He also challenged the trial court’s failure to provide instructions regarding the need for corroboration of confessions and accomplice testimony. The court ruled that sufficient evidence supported Hester’s confessions and that any omission in instructions did not impact the trial's fairness. Hester claimed that the admission of statements made by his co-defendant during the conspiracy was improper and that his statements to his partner were protected by spousal privilege. The court disagreed, finding that the trial had properly handled those matters and that the evidence substantiating the crimes was strong. Despite Hester's arguments, the court determined that the evidence was enough to support the convictions for murder, arson, conspiracy, and robbery, finding he played a crucial role in the criminal acts committed. However, due to a lack of evidence showing an intent to extort while holding Hooks against his will, the kidnapping conviction was reversed. In the end, while Hester's more serious convictions were upheld, the court acknowledged flaws in the evidence related to the kidnapping charge, leading to that particular conviction being dismissed.

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F-2006-1055

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In OCCA case No. F-2006-1055, Jaumon Mondell Okyere appealed his conviction for First Degree Murder and Child Neglect. In an unpublished decision, the court decided to affirm the conviction for First Degree Murder but reversed the conviction for Child Neglect with instructions to dismiss. One judge dissented. Jaumon Mondell Okyere was found guilty of killing Richard Briggs and neglecting Briggs’ infant child. The case began when Okyere, angry over Briggs’ relationship with his former partner, Melonie Totty, conspired to lure Briggs into a trap where he could harm him. On March 18, 2005, Okyere shot Briggs multiple times and left the baby in a cold car, which was later found unharmed. During the trial, Totty testified against Okyere, leading to his conviction. Okyere argued that his trial was unfair because of issues related to his legal representation, including an alleged conflict of interest where the public defender's office previously represented Totty. The court found that Okyere's right to effective counsel was not violated, stating that the trial court took appropriate steps to address potential conflicts. Okyere also raised objections over the trial court granting continuances for the prosecution without proper procedure, insufficiency of the evidence, and inadequate jury instructions on the Child Neglect charge. The court concluded that any errors did not significantly impact the trial's fairness. However, it did find that the jury was not properly instructed on the requirement of being responsible for the child's welfare, which led to the reversal of the Child Neglect conviction. Ultimately, while Okyere’s conviction for murder was upheld, the court instructed to dismiss the charges related to child neglect due to the instructional error. One judge disagreed with the dismissal, believing the matter warranted a new trial instead.

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F-2006-826

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In OCCA case No. F-2006-826, Bobby M. Ellis appealed his conviction for multiple crimes including First Degree Rape, Lewd Molestation, and Preparing Child Pornography. In an unpublished decision, the court decided to affirm the conviction on most counts while reversing one count related to child pornography. One judge dissented regarding this reversal. Bobby M. Ellis faced serious charges in Kay County for several crimes against his two young step-daughters. The jury found him guilty of these crimes. The punishment for each count was severe, amounting to a total of 210 years in prison, but the sentences were set to be served one after the other, which would keep him in prison for a very long time. During the appeal, Ellis argued several points. He claimed that it was unfair to punish him twice for the same offense regarding the child pornography charge. He also pointed out that the judgment did not clearly show his exact convictions, and he felt that the overall sentences were too harsh. The court examined Ellis's arguments and ultimately agreed with him on some points. They found that convicting him for preparing child pornography in two counts for a single video tape was indeed unfair, so they decided to reverse that specific count and instructed for it to be dismissed. For the other counts, the court affirmed the judgments made by the jury. The court also acknowledged that there was a mislabeling in the judgment regarding one of the charges and agreed that it needed to be corrected to appropriately reflect the actual crime committed. However, they did not reduce the sentencing significantly since the crimes were very serious and Ellis showed no remorse for his actions. In summary, the court upheld most of the convictions and sentences but took action to correct and dismiss one charge involving child pornography based on double jeopardy issues. The judge who dissented felt that all charges should be upheld since each incident was separate.

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F-2005-110

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In OCCA case No. F-2005-110, Marvin Royston White appealed his conviction for three counts of first degree manslaughter due to driving under the influence. In an unpublished decision, the court decided to reverse his convictions and remand the case for a new trial. One judge dissented. Marvin Royston White was found guilty by a jury for causing the deaths of three people while driving after consuming alcohol. The jury set him to serve twenty years for each count, making a total of sixty years in prison. White argued that he did not intentionally drink alcohol that day because he took cold medicine which he didn't know contained alcohol. White claimed that his attorney did not help him properly at trial by not asserting certain defenses, including involuntary intoxication. He mentioned that his attorney didn’t ask for a jury instruction on this defense, simply arguing that he was not guilty due to sleep apnea causing him to fall asleep while driving. The court considered whether the trial court should have instructed the jury on involuntary intoxication since White's defense was that he unknowingly consumed alcohol. The court felt this was important as it could have changed the jury's decision if they understood that his intoxication was not voluntary. Since the lower court did not give that instruction, the OCCA found it to be a major mistake that could have impacted the verdict significantly. Therefore, they decided to reverse White's conviction and ordered a new trial to give him a fair chance to present his defense properly. The dissenting judge believed that the evidence did not support the need for that jury instruction on involuntary intoxication, arguing that White was responsible for his actions and knowingly drove under the influence. Ultimately, White’s appeal was granted, allowing him a chance for a new trial to properly address his defense.

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