F-2008-620

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In OCCA case No. F-2008-620, Vincent Vasquez appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to affirm the convictions and sentences but vacated the order of restitution. No one dissented. Vasquez was found guilty by a jury on three counts related to sexual abuse of a child. He received eight years in prison for each count, which would be served one after another. However, part of his sentence was suspended, meaning he wouldn't have to serve the full time for all counts right away. Vasquez argued that there were several mistakes made during his trial. First, he claimed that the evidence wasn't strong enough to support his convictions, saying the victim's testimony was inconsistent. The court said that the ruling was valid because the victim's main story was consistent and believable, even if she forgot some minor details. Second, Vasquez believed that important evidence was not allowed in court, which he thought would help prove his side of the story. However, the court decided that the evidence offered was not relevant to the case. Third, he argued that the jury was not properly instructed regarding how to look at the evidence. The court concluded that the instructions given were sufficient and did not harm his case. Fourth, Vasquez objected to an order to pay restitution, which the State admitted was incorrectly imposed. The court agreed to remove that requirement. Lastly, Vasquez suggested that the combination of all these errors should lead to his conviction being overturned. The court found that there were no cumulative errors that warranted relief. In conclusion, the court maintained Vasquez’s convictions but removed the restitution order.

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F-2006-17

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In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.

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