Consecutive sentencing Archives

C-2019-25

Post author:Staff
Post published:December 12, 2019
Post category:C

This decision from the Oklahoma Court of Criminal Appeals pertains to Conner E. Dover's petition for writ of certiorari, which was denied. Dover had pled guilty to unauthorized use of a motor vehicle and aggravated attempting to elude a police officer. His sentencing followed the completion of a regimented inmate discipline program, resulting in five years of imprisonment for each count, to be served consecutively. Dover sought to withdraw his plea based on an argument that the court did not sentence him according to his plea agreement. However, the court found that his plea was entered voluntarily and intelligently, and dissatisfaction with the sentence is not a valid reason for withdrawal. The court confirmed that the plea met the necessary legal standards and was not abusive, hence no relief was granted. The denial of the writ indicates the court's decision to affirm the original judgment and sentence. The legal principles applied include reviewing whether a plea was voluntarily and intelligently made, whether the sentence is excessive, the effectiveness of counsel, and the state's power to prosecute. Overall, the court held that there was no abuse of discretion in denying Dover's motion to withdraw the plea, supporting the conclusion that his plea agreement was validly applied.

F-2017-1285

Post author:Staff
Post published:May 2, 2019
Post category:F

In OCCA case No. F-2017-1285, Isaac Avila appealed his conviction for multiple counts of kidnapping, possession of a firearm during the commission of a felony, and resisting an officer. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Isaac Avila was found guilty by a jury for kidnapping his estranged wife and his own children, along with possessing a firearm during these events and resisting an officer. The jury gave him various sentences, including a total of 50 years in prison for the kidnappings and other convictions. Avila argued that his convictions for kidnapping his children were not valid since he believed he had the right to be with them as their parent. He also claimed there wasn’t enough evidence to convict him for these crimes. The court examined the law and the evidence. They found that, while parents do have rights, Avila acted in a way that was not allowed by law when he took his children. The court also decided that the evidence was sufficient to support his convictions, meaning it was strong enough for a reasonable person to believe he was guilty. Avila further argued that the jury should have been told about the defense of consent, which is when someone allows an action to happen, and that his lawyer didn’t do a good job helping him. However, the court ruled that the trial instructions were adequate and that his lawyer's performance did not harm his case. Lastly, Avila thought his sentences were too harsh. The court agreed that, while they were serious, they were reasonable given the facts of the case. Overall, the court upheld Avila's convictions and sentences, deciding that he had received a fair trial and that the evidence against him was strong enough to support the jury's decisions.