Conviction Modification Archives

F-2009-530

Post author:Staff
Post published:July 22, 2010
Post category:F

In OCCA case No. F-2009-530, Jacinda Simone Osborne appealed her conviction for First Degree Robbery. In an unpublished decision, the court decided to modify her conviction to Second Degree Robbery. No one dissented. Osborne was found guilty of robbing someone in Tulsa County. The jury said she should serve fifteen years in prison and pay a $5000 fine. She felt that the trial did not go well for her. She raised three main points that she thought were errors. First, she believed the court should have explained to the jury what serious bodily injury meant. Second, she thought the jury should have been given the option to consider a lesser crime, Second Degree Robbery. Third, she claimed there wasn't enough evidence to support the serious charge of First Degree Robbery. The court reviewed everything carefully. They looked at the facts of the case and the laws. They agreed with Osborne on her third point. Even though the victim was hurt during the robbery, the proof did not show that the robbery met the higher standard needed for First Degree Robbery. There were no serious injuries or threats that would elevate the crime from Second to First Degree. So, the court changed her conviction to Second Degree Robbery, which is a lesser charge. The court said her original sentence would stay the same. This means that while the serious charge was changed, she would still serve fifteen years in prison and pay the fine. Since they found merit in her third point, they did not need to decide on the first two points she raised. The conclusion was that Osborne's conviction was modified, but the punishment was upheld.

F-2005-314

Post author:Staff
Post published:May 1, 2006
Post category:F

In OCCA case No. F-2005-314, the appellant appealed his conviction for the Manufacture of a Controlled Dangerous Substance (methamphetamine). In an unpublished decision, the court decided to modify the conviction to Attempting to Unlawfully Manufacture Methamphetamine. One judge dissented. Here’s a summary of the case: Morton D. Hayner was found guilty of making methamphetamine in a trial. The jury sentenced him to life in prison and imposed a $50,000 fine. Hayner argued that the evidence was not enough to prove he manufactured meth, he should have been given chances for lesser charges, and that the fine was too high for him since he didn't have much money. The court looked carefully at the evidence and agreed with Hayner on the first point. They said he was actually trying to manufacture meth but had not finished the process when the police arrived. So, they changed his conviction from manufacturing to attempting to manufacture. On the second point, the court found that Hayner was not denied the chance to consider lesser charges. For the third point, the court decided the fine was appropriate because it matched the seriousness of the crime. In conclusion, Hayner's conviction was changed to Attempting to Unlawfully Manufacture Methamphetamine, but the life sentence and fine were kept the same.

F 2002-1540

Post author:Staff
Post published:June 23, 2004
Post category:F

In OCCA case No. F 2002-1540, Steven Edward Noble appealed his conviction for aggravated manufacturing of methamphetamine, possession of a precursor substance, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to reverse and modify his conviction for aggravated manufacturing to manufacturing less than fifty grams of methamphetamine, reducing the sentence to twenty-five years and a $50,000 fine. The sentence for possession of a firearm was modified to twenty years. However, the conviction for possession of a precursor substance was affirmed.