In OCCA case No. C-2019-489, Taheerah Ayesha Ahmad appealed her conviction for Assault and Battery by means likely to produce death, Child Neglect, and Arson in the First Degree. In a published decision, the court decided to deny her petition for a writ of certiorari and affirmed the District Court's judgment. However, the case was remanded to the District Court to correct errors in the judgment regarding the imposition of costs. One judge dissented.
It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!
In OCCA case No. C-2004-850, the petitioner appealed her conviction for five crimes. In a published decision, the court decided to deny the appeal for most of the convictions, but they did reverse and dismiss one misdemeanor count. One judge dissented.
In OCCA case No. C-2003-403, David Lee Maywald appealed his conviction for Failure to Register as a Sex Offender and Registered Sex Offender Working with or Providing Services to Children. In a published decision, the court decided to modify the sentence in Count II to a fine only, while affirming the denial of the motion to withdraw his guilty plea. One judge dissented. David Lee Maywald, also known as David Lee Graham, was charged with two crimes related to being a registered sex offender. He entered a guilty plea to both charges and was sentenced to prison time and fines. After he changed his mind, he asked to withdraw his guilty plea, feeling he was misinformed about the potential sentences he might face. The court looked closely at Maywald's reasons for wanting to change his plea. First, he argued that he misunderstood the sentencing range for Count II, believing he faced more than just a fine. The court agreed that he shouldn't have received jail time for that count, as the law only allowed for a fine. So, they decided to change his sentence for Count II to just the fine amount. In his second argument, he felt he was misinformed about the maximum fine for Count I. However, the court found that the fine he received was less than what could have been, and since it matched what was agreed upon in the plea deal, it wasn’t a reason to withdraw his plea. For his third point, Maywald argued that he didn’t fully understand the implications of his guilty plea. The court said he didn’t provide enough evidence to show that he entered the plea without understanding its consequences. The court noted that he had been clearly informed multiple times about how he wouldn’t get credit for time served leading up to his sentencing. Overall, while Maywald's request to withdraw his plea was denied, the court acknowledged the error regarding the jail sentence for Count II and modified that sentence to comply with the law. The rest of the decisions from the lower court were kept the same. The judges agreed on most points, but one had a differing opinion on the case.
In OCCA case No. C-2002-1188, the petitioner appealed his conviction for various crimes related to drug possession and firearm offenses. In an unpublished decision, the court decided to affirm most of the convictions but reversed one conviction for maintaining a vehicle used for selling drugs. One judge dissented and suggested that the sentences should run concurrently instead of consecutively.
In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple serious crimes. In a published decision, the court decided to affirm most of the convictions and sentences but reversed one specific conviction for maintaining a vehicle used for illegal activities. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively. The petitioner had pled guilty to various charges in three different cases. These included serious charges like possession of drugs with the intent to distribute, gun-related offenses, and other crimes. After he was sentenced, he sought to withdraw his guilty plea, claiming that he did not understand what he was doing when he pled guilty. The court held a hearing to consider this request but denied it. The sentences the petitioner received added up to a very long total of 223 years, meaning he would serve them one after another. During the appeal, the petitioner presented several reasons he felt the court made mistakes. First, he argued that there wasn't enough evidence for some of his guilty pleas to be accepted. After looking into the facts, the court disagreed on some counts, saying there was enough evidence for certain guilty pleas, but accepted the petitioner’s claim that he should not have been convicted for maintaining a vehicle for drug activities. In another part of his argument, the petitioner claimed that his punishments were too much and that he did not understand his pleas. The court found that he did understand what he was doing and therefore, his guilty pleas were valid. Overall, the court upheld most of the judgments but agreed with the petitioner on one specific charge, reversing that conviction. The court ordered the case to go back for further actions that align with its decision. One judge thought sentences should be served together instead of separately, showing that there were different opinions even in the court's decision.
In OCCA case No. C-2001-514, the petitioner appealed her conviction for First Degree Murder (by permitting child abuse). In an unpublished decision, the court decided to affirm the conviction but modify the sentence from life imprisonment without the possibility of parole to a life sentence with the possibility of parole. One judge dissented.
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.