Consecutive Sentences

F-2002-493

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In OCCA case No. F-2002-493, Donnell E. Williams appealed his conviction for second-degree burglary and knowingly concealing stolen property. In a published decision, the court decided to affirm the judgments but modify the sentences to be served concurrently instead of consecutively. One judge dissented. Williams was found guilty by a jury of breaking into a place that was not his and hiding things that were stolen. The jury recommended a punishment of twenty-five years in prison for each count, with the need to serve all the punishment one after the other. Williams argued several points in his appeal. First, he said that the court did not tell the jury they could consider that he might have had permission to enter the property. Second, he thought the jury should have been told about a lesser crime than burglary. Third, he claimed that the way the prosecutor spoke during the trial was unfair and hurt his chances for a fair trial. Fourth, he felt that his twenty-five-year sentences were too long. Finally, he believed that all the mistakes made during the trial, when added together, meant he did not have a fair chance in court. After looking at everything in the case, the court found that Williams's points for appeal did not require them to change the jury's decision on his guilt. They agreed that the jury did not need information on asking if he had consent or the lesser charge since there was no strong evidence to support his claims. They also concluded that the prosecutor's actions did not prevent Williams from getting a fair trial because there was strong evidence against him. However, the court felt that making Williams serve his sentences one after the other was too severe, especially because he was living in a vacant house and facing challenges like being homeless and struggling with substance use. They decided that twenty-five years was enough time for him to pay for what he did and get the help he might need. In short, the court kept his convictions but changed his sentence so that he would serve his time together rather than separately. This way, he would have a better chance to start again after serving his time. One judge disagreed with the decision to change the sentences to run together, believing the original decision by the trial court was correct given Williams's history of prior convictions.

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F 2002-175

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In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.

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F 2002-101

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In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

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F-2003-22

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In OCCA case No. F-2003-22, Desean Terrell Poore appealed his conviction for Accessory After the Fact to First Degree Murder and Accessory After the Fact to First Degree Manslaughter. In an unpublished decision, the court decided that the conviction for Accessory After the Fact to First Degree Manslaughter should be reversed and dismissed, as it was found to be double punishment for a single action. The court also ordered corrections to the judgment's wording concerning the prior felony conviction.

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F 2001-1348

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In OCCA case No. F 2001-1348, Holly Ann Glasgow appealed her conviction for two counts of Robbery by Force and Fear. In a published decision, the court decided to reverse the conviction on Count One and remand it to the district court to change the charge to Receiving Stolen Property with a reduced sentence. The conviction on Count Two was affirmed. One judge dissented.

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RE-2002-174

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In OCCA case No. RE-2002-174, the appellant appealed her conviction for various crimes related to embezzlement and forgery. In an unpublished decision, the court decided to modify the revocation of her suspended sentence. One judge dissented. The case began in 1995 when the appellant was sentenced to five years of imprisonment, which was suspended, meaning she would not go to prison immediately if she followed certain conditions. These conditions included paying back over $35,000 to the victim of her crimes as restitution, reporting to a probation officer, and not changing her residence without permission. In 1997, the state said the appellant broke the rules of her probation by failing to report to her probation officer, changing her residence without permission, and not paying her restitution as required. A judge found that she did violate her probation, but there were multiple delays in resolving her punishment, which lasted about four and a half years. In 2001, the appellant missed a court hearing, and the court issued a warrant for her arrest. After her arrest in January 2002, a final hearing took place where the judge ordered her to serve the full five years of her sentences and added extra fees for sheriff's costs. The appellant then appealed this decision, proposing several arguments against the court's order: 1. She argued that the sheriff's fees were imposed unlawfully and violated her rights. 2. She claimed the restitution amount was uncertain and should not be required. 3. She believed the court could not revoke her suspended sentence after such a long time. 4. She felt her due process rights were violated because the imposed punishment was excessive. After reviewing the case, the court agreed with some of the appellant's points. It decided that the sheriff's fees were not legally appropriate because they cannot be added after a sentence has been given. They also found that appellant’s arguments about the restitution were too late because those challenges should have been made back in 1995 when the restitution was set. However, the court did agree with the appellant that it was too long between when she was sentenced and when her probation was revoked; thus, they ordered that her two five-year sentences should run at the same time (concurrently) instead of one after the other (consecutively). In conclusion, the court modified the earlier order by removing the sheriff's fees and adjusted how long the appellant would be imprisoned.

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F 2002-1339

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In OCCA case No. F 2002-1339, Marlon L. Johnson appealed his conviction for Kidnapping, First Degree Rape, and Forcible Sodomy. In an unpublished decision, the court decided to reverse the conviction for First Degree Rape and remand it to the district court for dismissal, while affirming the convictions for Kidnapping and Forcible Sodomy. One judge dissented. The case began when Marlon L. Johnson was found guilty of three serious crimes after a jury trial in Tulsa County. He was sentenced to thirty-five years for each crime, to be served one after the other, totaling a significant amount of time. Johnson claimed that there were many mistakes made during his trial, which he believed should lead to a reversal of his convictions or a new trial. The court looked at the arguments Johnson made. He said the charges were mixed up and that it wasn't clear whether the jury agreed on the specific facts for the rape charge. The court agreed that the jury might have relied on different facts to reach their decision about the rape charge, so they reversed that conviction. However, the court felt that there was enough evidence to support the kidnapping conviction, meaning they believed the jury was right about that part. Johnson also argued that his lawyer didn't do a good job, but the court felt his lawyer performed effectively. Other arguments made by Johnson, like improper statements from the prosecutor and issues with sentencing, were not enough to change the overall decision. The court decided that some mistakes were made, but they were not serious enough to hurt Johnson's chances for a fair trial. In the end, the court confirmed the kidnapping and forcible sodomy convictions because they believed the jury made the right decisions for those charges. However, because they couldn't be sure about the rape charge, they sent it back to be dismissed.

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C-2002-652

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In OCCA case No. C-2002-652, the petitioner appealed his conviction for multiple offenses, including Second Degree Burglary, First Degree Burglary, Kidnapping, Larceny of an Automobile, and Robbery with a Weapon. In an unpublished decision, the court decided to grant the petitioner's appeal in part by modifying some of his sentences. However, the court affirmed the convictions and sentences for the other offenses. One judge dissented from the decision.

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F-2001-998

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In OCCA case No. F-01-998, Brian Tyrone Scott appealed his conviction for multiple crimes, including First Degree Burglary and Forcible Sodomy. In an unpublished decision, the court decided to reverse the kidnapping conviction but affirmed the other convictions. One judge dissented. Scott was found guilty of several serious crimes after a jury trial and was sentenced to many years in prison. He raised five main points in his appeal. First, he argued that his convictions for some crimes were unfair because they punished him twice for the same act. Second, he claimed there wasn’t enough proof that he intended to kidnap the victim. Third, he said he didn’t get a fair trial because he wasn’t allowed to show evidence that the victim might have lied. Fourth, he thought his total sentence was too harsh, and fifth, he wanted his judgement and sentence to correctly show his convictions. After reviewing everything, the court agreed that Scott's kidnapping charge should be dismissed because it conflicted with his current charge of forcible sodomy. However, they found that the other convictions didn’t violate any laws about double punishment. The court also concluded that allowing Scott to introduce the dismissed evidence wouldn’t have helped his case and that it was okay for his sentences to be served one after the other instead of at the same time. In summary, the court affirmed most of Scott's convictions but decided to dismiss the kidnapping conviction. They ordered the district court to correct the records to make sure all information was accurate.

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RE 2001-1070

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In OCCA case No. RE 2001-1070, Billy Joe Baldwin appealed his conviction for Knowingly Concealing Stolen Property, Feloniously Pointing a Weapon, and Unauthorized Use of a Vehicle. In a published decision, the court decided to affirm the revocation of Baldwin's suspended sentences but modified the sentences to one year revoked with the remainder suspended, to run concurrently. One judge dissented.

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F-2001-637

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In OCCA case No. F-2001-637, James Ricky Ezell, III appealed his conviction for First Degree Robbery, False Impersonation, and Eluding a Police Officer. In an unpublished decision, the court decided to affirm Ezell's judgment but ordered the case to be sent back for resentencing. One judge dissented. Ezell was found guilty by a jury of robbing a convenience store and other crimes. The jury gave him long sentences for each crime, which the trial court ordered to be served one after the other. Ezell argued that his right to a fair trial was hurt because an African-American was removed from the jury, that the judge’s policy of always giving consecutive sentences was wrong, and that his sentences were too harsh. The court decided that the prosecutor had a good reason for removing the juror, so there was no unfair trial. However, it agreed that the judge's strict policy against considering running sentences together was a mistake. The court found that while sentences usually should run consecutively, judges must look at all options, including the chance to run sentences together, especially if a defendant has prior convictions. In conclusion, while Ezell's conviction was upheld, the court said the sentencing decision was not fully considered and sent the case back for the judge to look at this again. One judge disagreed with the decision to send the case back for resentencing, believing that the original sentences were justified given the nature of Ezell's crimes.

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F-2001-655

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In OCCA case No. F-2001-655, Robert Leroy Martin appealed his conviction for First Degree Rape, Robbery with a Dangerous Weapon, and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentences to run concurrently instead of consecutively. One judge dissented. Robert Leroy Martin was found guilty of serious crimes by a jury. The judge gave him life imprisonment for rape, fifty years for robbery, and twenty years for burglary, and said he had to serve these sentences one after the other. Martin then appealed this decision. During the appeal, the court looked closely at the case and the arguments made. They considered several points raised by Martin. The first point was about the instructions the jury received during the trial about burglary. The court found this was not a mistake that affected the trial unfairly because Martin’s explanation was different from that of another case. The second point Martin made was about the jurors not getting complete information on the punishments they could choose for each crime. However, the court said Martin did not object during the trial, so he couldn’t claim this as an error now. The third and final point discussed was whether the sentences were too harsh. The court agreed that the long sentences felt excessive for the circumstances of the case. In the end, the court said Martin would still be found guilty but changed the way the sentences would be served from one after the other to at the same time. One judge disagreed with changing the sentences, believing the original decision by the trial judge should stand.

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F-2001-336

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In OCCA case No. F-2001-336, Roger Allen Eddy, Jr. appealed his conviction for manufacturing methamphetamine, possession of a precursor substance, possession of methamphetamine, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to affirm his conviction for manufacturing methamphetamine, reverse his convictions for possession of a precursor substance and possession of methamphetamine, and modify his sentence for possession of a firearm to five years. One member of the court dissented.

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F-2001-230

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In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.

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RE 2001-0663

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In OCCA case No. RE 2001-0663, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the Appellant had previously pled guilty to unauthorized use of a motor vehicle, possession of cocaine, and possession of drug paraphernalia. As a result, the Appellant was given a suspended sentence of five years for the first two counts and a one-year suspended sentence for the third count. A suspended sentence means that the person does not have to serve time in jail unless they break the rules. Later, the State wanted to take back the suspended sentences because they believed the Appellant broke the rules. They filed an application for revocation, and a hearing was held. The judge decided to revoke the five-year suspended sentences for the first two counts but found that the one-year sentence for the third count had already expired. The judge also ordered that the new sentences would run consecutively with any new cases the Appellant might have. This means that the Appellant would serve time for the revocation and also for any new offenses afterward without merging those sentences. However, the Appellant appealed this decision, arguing that the judge did not have the authority to order the five-year sentences to run consecutively with new cases. The higher court agreed with the Appellant's argument and said the judge made a mistake in this part of the decision. The court affirmed the revocation of the Appellant's suspended sentences but modified the sentence to remove the part about running consecutively. This means the Appellant would still be punished for breaking the rules, but they wouldn't have to serve their new sentences one after the other in this case. The court instructed the lower court to update the judgment to reflect this change. In summary, while the Appellant's suspended sentences were revoked, the way the new sentences were to be served was changed. The final decision supported the revocation, but clarified the terms of the punishment.

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RE 2001-0351

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In OCCA case No. RE 2001-0351, the appellant appealed his conviction for violating probation. In an unpublished decision, the court decided in favor of the appellant, agreeing that the trial court made a mistake in ordering sentences to run consecutively instead of concurrently. One judge dissented.

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RE-2000-1429

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In OCCA case No. RE-2000-1429, Walker John Myers appealed his conviction for attempting to elude a police officer and resisting an officer. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered that the district court clarify the order. One judge dissented. Myers had originally received a sentence of one year in jail for each of the charges, with some time suspended. After an investigation, the court found he had violated the terms of his probation. The appeal focused on whether there was enough evidence for this decision, and on the clarity of the revocation order. The court found that Myers had previously admitted to violating his probation, which meant that the revocation was supported by evidence. However, it also noted that the order was unclear about how much of his remaining sentence was actually being revoked, leading to the requirement for a clearer explanation from the district court.

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F-2001-10

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In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

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F-2000-1304

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In OCCA case No. F-2000-1304, Michael Renee Powell appealed her conviction for manufacturing controlled dangerous substances (CDS), unlawful possession of methamphetamine, maintaining a place for keeping and selling drugs, and unlawful possession of paraphernalia. In an unpublished decision, the court decided to reverse and dismiss the conviction for manufacturing CDS due to insufficient evidence. It noted that the conviction for maintaining a place for keeping and selling drugs would be modified to a misdemeanor instead of a felony. The court affirmed the convictions for the other counts. One judge dissented regarding the reversal of the manufacturing charge, believing there was enough evidence to uphold that conviction.

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F 2000-1241

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In OCCA case No. F 2000-1241, McCandless appealed her conviction for possession of controlled dangerous substances. In an unpublished decision, the court decided that two of her three convictions were unfair and should not stand because they violated laws against being punished twice for the same action. McCandless claimed that finding different types of drugs in her home should only count as one offense. The court agreed with her on that point and reversed two of the convictions. However, the court found sufficient evidence to keep the other two convictions. One member of the court disagreed with this decision.

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F-2000-991

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In OCCA case No. F-2000-991, Tammy Renee Baldwin appealed her conviction for possession of a controlled and dangerous substance (methamphetamine) and possession of a controlled and dangerous substance (marijuana). In an unpublished decision, the court decided to reverse the conviction for the marijuana charge and affirmed the conviction for methamphetamine. One judge dissented. Tammy Baldwin was found guilty of possessing both methamphetamine and marijuana in Oklahoma. The jury sentenced her to 20 years in prison for methamphetamine and 1 year in jail for marijuana, and the sentences were to be served one after the other. Baldwin raised several points in her appeal. First, she argued that her two convictions violated the double jeopardy rule, which means you can’t be punished more than once for the same offense. She believed that because both drugs were found in the same place, it should be treated as one act. Second, she claimed her rights were violated because the judge had already decided to give her consecutive sentences if she was found guilty, which she felt was unfair. Third, Baldwin thought the judge made a mistake by not letting the jury hear her side of the story, specifically by refusing to give instructions about circumstantial evidence. Fourth, she argued that the evidence obtained from her purse should not have been allowed in the trial because it violated her rights against illegal searches. Lastly, she felt that all these errors combined made the trial unfair, which denied her due process. After looking closely at Baldwin’s case, the court agreed that the two convictions for possession were wrong because they were based on the same act of possession. The court decided that having both drugs in one place meant she could only be charged with one count of possession, not two. Due to this, they reversed the marijuana conviction but kept the methamphetamine conviction and the 20-year prison sentence. The judge's other points were either not decided or did not matter because of this main decision about the double jeopardy issue. The final outcome was that Baldwin's sentence for methamphetamine stayed, but the marijuana charge was dismissed, meaning she didn’t have to serve time for that. One judge disagreed with the majority decision.

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F-2000-1427

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In OCCA case No. F-2000-1427, John Vernon Dubiel appealed his conviction for possession of forged evidences of debt. In an unpublished decision, the court decided to affirm one count of the conviction but vacated two counts. One judge dissented on the issue of sentencing. Dubiel was charged with three counts of possessing forged checks. At trial, the jury found him guilty of all counts and recommended a long sentence for each, which the judge imposed to run one after the other. After Dubiel appealed, he argued that he was unfairly punished twice for the same crime and that the sentences were too harsh. The court agreed with Dubiel on the double jeopardy argument, stating that the law allows for only one punishment for having several forged checks at the same time. Because of this, they decided to cancel two of the counts against him but upheld the conviction for the first count. The court also found that any references to Dubiel's personal drug use during the trial were not significant enough to impact the fairness of the trial. Lastly, since they reduced his conviction, they did not need to further discuss the claim about excessive sentencing.

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F-2000-1313

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In OCCA case No. F-2000-1313, Robert Guy Wisner appealed his conviction for attempting to manufacture a controlled dangerous substance, unlawful possession of a controlled drug, and unlawful possession of marijuana. In a published decision, the court decided to affirm the judgment and sentence for the conviction of attempting to manufacture a controlled dangerous substance and unlawful possession of marijuana, but reversed the conviction for unlawful possession of a controlled drug, instructing to dismiss that count. One judge dissented.

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F-2000-1531

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In OCCA case No. F-2000-1531, Thomas Paul Richardson appealed his conviction for First Degree Manslaughter and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the drug possession charge to ten years. One judge dissented. Richardson was tried by a jury, found guilty of both crimes, and received a life sentence for manslaughter, twenty years for drug possession, and a ten-day jail term for speeding. The sentences were to be served one after the other. He raised several arguments about his trial and sentencing, including claims that his rights were violated and that he was given an unfair sentence. The court reviewed his claims and agreed that he was incorrectly sentenced for the drug possession charge, as the maximum penalty should have been ten years, not twenty. However, the court found no significant problems with other aspects of the trial, including the admission of certain testimonies and the conduct of the prosecutor. They believed the errors did not change the outcome or harm Richardson's chances for a fair trial. Overall, the court decided to lessen Richardson’s drug sentence while keeping the other convictions intact.

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F-2000-617

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In OCCA case No. F-2000-617, Bernard Eugene Laster, Jr. appealed his conviction for Possession of Controlled Dangerous Substance and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the order of acceleration of Laster's sentences for the first two offenses but vacated the judgment for the third offense related to a tax stamp. There was no dissent.

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