Counsel for the State

F-2019-605

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In OCCA case No. F-2019-605, Jerome Matthew McConell appealed his conviction for Obtaining Merchandise by False Pretenses. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for certain parts which were stricken. One member of the court dissented. McConell was found guilty after a bench trial in the District Court of McCurtain County. He was sentenced to thirty months in prison, but he argued that his trial was unfair for three main reasons. First, he claimed he was not allowed to confront some witnesses properly because hearsay evidence was permitted. Hearsay is when someone testifies about what another person said outside of court, which usually isn't allowed as direct evidence. However, the court found no real error in this situation because McConell's lawyer brought up the same issues during questioning. Therefore, the court did not see a violation of his rights. Second, McConell argued that evidence from another incident should not have been allowed by the court because the state did not give proper notice about it. However, the court decided that the evidence was relevant and no mistakes were made in permitting it. Lastly, McConell noted that the written sentence and conditions after his trial did not match what was discussed in court. The judge had ordered conditions that he should not enter a casino and also mentioned costs for prosecution that were not allowed under the law. The court agreed that these parts of the judgment were incorrect and decided to strike them from his sentence. In summary, the appeals court did affirm McConell's conviction, meaning they upheld the trial's decision, but they corrected some errors in how his sentence was recorded and ordered the lower court to make those changes.

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F-2019-224

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSEPH EUGENE DEAN,** **Appellant,** **V.** **STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2019-224** --- **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant, Joseph Eugene Dean, was tried and convicted by a jury in Muskogee County District Court, Case No. CF-2017-1030, of Endangering Others While Eluding or Attempting to Elude Police Officer, After Former Conviction of Two or More Felonies (Count 2), in violation of 21 O.S.2011, § 540(B). The jury recommended a sentence of twenty years imprisonment and a $2,500.00 fine. The Honorable Bret A. Smith, District Judge, presided at trial and sentenced Dean in accordance with the jury's verdict, including various costs and fees. The jury acquitted Appellant of Count 1 - Possession of a Stolen Vehicle. Dean appeals, raising the following proposition of error: **I. APPELLANT WAS DENIED HIS RIGHT TO THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL IN VIOLATION OF THE 6TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ART. II, §§ 7, AND 20, OF THE OKLAHOMA CONSTITUTION.** After thorough consideration of the record, including transcripts and the parties' briefs, we find that no relief is warranted. **Proposition I:** Dean asserts that defense counsel was ineffective for failing to request a cautionary eyewitness identification instruction (OUJI-CR (2d) 9-19). However, Dean fails to provide relevant authority or argument supporting his claim, thus forgoing appellate review of the issue as per Rule 3.5(C)(6) of the Oklahoma Court of Criminal Appeals. Moreover, we alternatively reject Dean's ineffectiveness claim on its merits. To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate both that counsel's performance was deficient and that the deficient performance prejudiced his defense (Strickland v. Washington, 466 U.S. 668, 687 (1984)). In this case, a cautionary eyewitness identification instruction was unwarranted as no serious question exist[ed] concerning the reliability of the [eyewitness's] identification[s] (Robinson v. State, 1995 OK CR 25, ¶ 56, 900 P.2d 389, 404). Counsel’s failure to request such instruction, therefore, was not ineffective since there was no merit to such a request (Logan v. State, 2013 OK CR 2, ¶ 11, 293 P.3d 969, 975). **DECISION** The Judgment and Sentence of the District Court is AFFIRMED. **MANDATE** is ORDERED issued upon the delivery and filing of this decision, pursuant to Rule 3.15 of the Rules of the Oklahoma Court of Criminal Appeals. --- **APPEARANCES:** **AT TRIAL:** LARRY VICKERS 600 Emporia, Suite B Muskogee, OK 74401 COUNSEL FOR DEFENDANT **ON APPEAL:** DERECK J. HURT Oklahoma Indigent Defense System P.O. Box 926 Norman, OK 73070 COUNSEL FOR APPELLANT SEAN WATERS Asst. District Attorney Muskogee District Attorney's Office 220 State Street Muskogee, OK 74401 COUNSEL FOR THE STATE **OPINION BY:** HUDSON, J. LEWIS, P.J.: CONCUR KUEHN, V.P.J.: CONCUR LUMPKIN, J.: CONCUR ROWLAND, J.: CONCUR --- [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2019-224_1734779625.pdf)

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C-2018-679

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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!

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F-2018-211

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In OCCA case No. F-2018-211, Lewis Long, III appealed his conviction for trafficking in illegal drugs (methamphetamine). In an unpublished decision, the court decided to affirm the judgment and sentence. No judge dissented. The case began when Lewis Long, III was tried and found guilty by a jury in Beckham County. He was convicted for trafficking in methamphetamine after having previous felony convictions. The jury recommended a sentence of twenty years in prison, which the judge followed. Long was found not guilty of a separate charge involving drug paraphernalia. Long raised a few concerns in his appeal. He argued that his Fourth Amendment rights were violated because police entered a place without properly announcing themselves. He also felt the state did not provide enough evidence to prove he had control or possession of the methamphetamine. Lastly, he believed there wasn't enough evidence for him to go to trial for the drug trafficking charge. The court looked closely at the evidence and procedures from Long's trial. They first addressed the entry of police into the motel room. Even if not knocking and announcing was an error, the court decided that this did not impact the overall case because the evidence found was still valid. Next, the court evaluated whether the evidence presented during the trial was strong enough to support a verdict of guilty. They determined that there was enough evidence to show that Long had joint possession of the methamphetamine found at the motel. Lastly, the court examined whether Long should have been able to challenge the charges before his trial but concluded that he did not show any clear error that would affect the outcome of his case. Since the state showed enough probable cause for his charges at the preliminary hearing, they found no reason to reverse the decision. In conclusion, the court decided not to grant any relief for Long's appeal, confirming his conviction and the sentence imposed.

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for domestic assault and battery along with other charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court for further proceedings to fix some inconsistencies in the records. One judge dissented.

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S-2018-1026

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **STATE OF OKLAHOMA,** **Appellant,** **V.** **NICHOLAS LOWELL TURNER,** **Appellee.** **Case No. S-2018-1026** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JUL 11 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** On April 4, 2018, Nicholas Lowell Turner was charged in Tulsa County with multiple drug offenses and related charges. After a hearing on a motion to suppress evidence obtained from a search warrant, the lower court initially denied the motion based on a good faith exception, but later reversed that decision, leading the State to appeal. The key issues before the Court were whether the trial court abused its discretion by ruling that the search warrant lacked probable cause and, if so, whether the good faith exception to the exclusionary rule applied. **Background:** The case arose from evidence gained during the execution of a search warrant on Turner's residence, which led to the seizure of illegal drugs, firearms, and cash. The warrant was issued based on statements from an informant who had been arrested in possession of illegal drugs and had identified Turner as his supplier. Despite the affidavit's deficiencies in detailing direct observations of illegal activity at Turner's residence, the appellate court found there was a sufficient connection established between the residence and Turner's alleged criminal activity. Importantly, the court noted that the officers acted reasonably based on the magistrate's determination of probable cause, allowing for the good faith exception to apply. **Decision:** The Court found that the trial court had erred in not applying the good faith exception properly, stating that a properly issued search warrant, despite some lack of detail in the affidavit, should not have resulted in suppressed evidence. The appellate court ruled to reverse the trial court's decision and remand the case for further proceedings. **Concurring Opinion:** LEWIS, P.J., specially concurs, acknowledging the weaknesses in the affidavit but ultimately agreeing with the application of the good faith exception as the officers acted reasonably in executing the search warrant. --- For full details refer to the decision [here](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-1026_1734276181.pdf).

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RE-2018-925

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JAREN GLENN SELLERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-925** **Filed May 23, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Jaren Glenn Sellers appeals from the revocation of his suspended sentences in Pontotoc County District Court Case No. CF-2012-390. On September 13, 2013, Appellant entered negotiated Alford pleas to First Degree Rape (21 O.S.2011, § 1114) (Count 1) and Forcible Sodomy (21 O.S.2011, § 888) (Count 2). He was sentenced to a term of imprisonment for ten years on each count, all suspended, to be served concurrently. On January 16, 2018, the State filed an amended application to revoke the suspended sentences alleging that Appellant committed the new crime of Aggravated Assault and Battery. A revocation hearing was held on August 27, 2018, before the Honorable Gregory Pollard, Special Judge. Judge Pollard granted the State's application and revoked seven years of Appellant's ten-year suspended sentences. On appeal, Appellant asserts the revocation was excessive. **ANALYSIS** At a hearing where the State seeks revocation of a suspended sentence, the question is whether the suspended portion of the sentence should be executed. The court makes a factual determination as to whether the terms of the suspension order have been violated. The violation need be proven only by a preponderance of the evidence. A trial court's decision to revoke a suspended sentence should not be overturned absent a finding of an abuse of discretion. We do not find the decision to revoke seven years of Appellant's suspended sentences to be an abuse of discretion. The credibility of witnesses and the weight given their testimony are within the exclusive province of the trier of fact, who may believe or disbelieve the witnesses as it desires. The decision of the trial court to revoke a suspended sentence, in whole or in part, is within the sound discretion of the trial court and will not be disturbed absent an abuse thereof. Judge Pollard considered all evidence presented during the revocation hearing. His decision to partially revoke Appellant's suspended sentence cannot be considered an abuse of discretion. **DECISION** The order of the district court of Pontotoc County revoking a portion of Appellant's suspended judgments and sentences in Case No. CF-2012-390 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. --- **AN APPEAL FROM THE DISTRICT COURT OF PONTOTOC COUNTY** **THE HONORABLE GREGORY POLLARD, SPECIAL JUDGE** **APPEARANCES ON APPEAL** **COUNSEL FOR DEFENDANT:** LLOYD B. PALMER 1609 ARLINGTON ADA, OK 74820 **COUNSEL FOR APPELLANT:** MARK P. HOOVER INDIGENT DEFENSE SYSTEM P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR THE STATE:** TARA M. PORTILLO ASST. DISTRICT ATTORNEY P.O. BOX 146 ADA, OK 74821 **ASST. ATTORNEY GENERAL:** MIKE HUNTER JENNIFER B. MILLER COUNSEL FOR APPELLEE 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 **OPINION BY:** KUEHN, V.P.J. **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-925_1734359840.pdf)

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C-2018-943

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In OCCA case No. M 2018-0277, the appellant appealed his conviction for speeding (21-25 mph over the limit). In an unpublished decision, the court decided to affirm the judgment and sentence from the District Court. One judge dissented. The appellant was found guilty after a non-jury trial in Texas County. He was fined $10.00 for speeding. During the appeal, the appellant claimed that the State did not prove beyond a reasonable doubt that he was indeed speeding. He argued that there was no rule in Oklahoma law that allowed a speeding conviction based solely on visual estimation. The State countered this claim by saying that Oklahoma law does not require a radar gun to show that someone was speeding. A trained Oklahoma State Trooper testified that he could visually estimate a vehicle's speed within 5 miles per hour of its real speed. He specifically said that he saw the appellant's vehicle speeding. The court reviewed the evidence to see if a reasonable person could find that the essential parts of the speeding crime were proven beyond a reasonable doubt. The court concluded that any logical juror could decide that there was enough proof of the speeding violation. In conclusion, the court upheld the appellant's conviction for speeding, stating that the evidence presented was sufficient.

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M-2017-137

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In OCCA case No. M-2017-137, Jerrad Sterling Nunamaker appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and speeding in excess of the lawful limit. In an unpublished decision, the court decided to modify Nunamaker's fine for speeding to $20.00 and vacated the victim compensation assessment for that offense. One member of the court dissented.

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F-2015-561

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In OCCA case No. F-2015-561, Walter LaCurtis Jones appealed his conviction for three crimes: Feloniously Pointing a Firearm, Possession of a Firearm After Former Felony Conviction, and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions and sentences for the first two counts but reversed and dismissed the conviction for Assault and Battery with a Dangerous Weapon. One judge dissented. Walter Jones was found guilty after a trial without a jury. He received seven years in prison for each of the first two counts, which would be served at the same time, and one year in county jail for the third count. The judge also ordered that he would have one year of supervision after his prison time. Jones raised several arguments in his appeal. He argued that there was not enough evidence to support his conviction for Assault and Battery with a Dangerous Weapon, claiming he did not use a dangerous weapon and had no intention to hurt anyone. The court agreed with him on this point and reversed that conviction. For the charge of Feloniously Pointing a Firearm, Jones argued that the gun he pointed at someone was not a real firearm because it was missing a part and could not shoot. However, the court found there was enough evidence to support that he pointed a gun designed to shoot, therefore, they upheld that conviction. In the case of Possession of a Firearm After Former Felony Conviction, Jones contended that the gun could not fire, so he should not have been found guilty. The court decided that it was unnecessary for the gun to be able to fire to prove he had possession of it as a felon, thereby upholding this conviction as well. Lastly, Jones claimed he was facing double punishment for the same crime, which the court did not accept because the two charges involved different actions and did not violate any laws regarding double punishment or double jeopardy. Thus, the court confirmed his sentences for the first two counts while reversing the count for Assault and Battery.

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RE-2015-844

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In OCCA case No. RE-2015-844, Cully appealed his conviction for Larceny of an Automobile, Driving Under the Influence of Alcohol, and Driving Without A License. In an unpublished decision, the court decided to affirm the revocation of Cully's suspended sentences. One judge dissented. Cully had entered a guilty plea in 2008 and was given suspended sentences in 2010. Later, he faced allegations of violating his probation, which led to a hearing and the eventual revocation of his suspended sentences in 2015. Cully claimed that the court should have specified that his sentences were to be served concurrently, and that the addition of post-imprisonment supervision was not allowed for him. The court concluded that while it could not add post-imprisonment supervision to his sentence due to the timing of the laws, the decision to revoke his suspended sentences was valid. Cully's request for a change to the order to show that his sentences were to be served concurrently was denied, and the case was sent back to the District Court to correct the judgment as per the court's rules.

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RE-2015-104

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In OCCA case No. RE-2015-104, Eric Lamont Muhammad appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse the District Court's order to revoke his sentence and send the case back for further proceedings. One judge dissented, arguing that the hearing was held in a timely manner.

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RE-2014-392

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In OCCA case No. RE-2014-392, the appellant appealed his conviction for lewd molestation and rape in the first degree. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences, but they vacated the one-year period of post-imprisonment supervision. One judge dissented.

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RE-2013-261

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In OCCA case No. RE-2013-261, Harjo appealed his conviction for obtaining merchandise and cash by bogus checks. In an unpublished decision, the court decided to reverse the revocation of Harjo's remaining suspended sentences. One judge dissented. To give a bit more background, Harjo had initially entered a guilty plea to three counts of obtaining merchandise and cash with bogus checks and received suspended sentences on those counts. He was supposed to follow certain rules while on probation. However, he faced multiple issues and missed a court date, leading to a bench warrant for his arrest. Although he was later ordered to complete a drug and alcohol program, he still faced trouble and did not appear for court when required. Eventually, in 2013, the court conducted a hearing regarding his probation violations. Interestingly, the State did not present any new evidence at this hearing. Because the State admitted that it had made a mistake, the court ruled to reverse the decision made to revoke Harjo's suspended sentences. This meant that the earlier decision to punish him again was incorrect, since he had already been punished for the previous violations. In conclusion, the appeals court found that it was not right to revoke Harjo's suspended sentences based merely on earlier violations, and it decided that Harjo's sentences would remain suspended.

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RE 2012-0848

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In OCCA case No. RE 2012-0848, Andrell Jackson appealed his conviction for possession of a controlled dangerous substance and related charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence for one of the cases but vacated the revocation for the other case and sent it back for further proceedings. One judge dissented.

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F-2012-916

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In OCCA case No. F-2012-916, Andrew Lee Harris appealed his conviction for Possession of a Controlled Substance (Cocaine) after being found guilty by a jury in the District Court of McCurtain County. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. One judge dissented. Andrew Lee Harris was found guilty on charges for having cocaine. His punishment was set at thirty years, but he did not agree with the decision and decided to appeal. During the appeal, he argued that: 1. The jury wasn't given the right instructions about possession of paraphernalia, which he thought was unfair. 2. The prosecutor gave improper evidence and made comments that affected the fairness of his sentencing. 3. The trial court did not follow required procedures in his case. The court analyzed these claims carefully. In the first point, they decided that the jury did not need to be told about possession of paraphernalia because it was not a lesser included offense of cocaine possession. This means it was a separate crime, and the judge was right not to give those instructions. In his second point, the court looked at the information that was presented during the trial. They said there were some mistakes with what was allowed as evidence. A former probation officer talked about Harris's past, which shouldn't have been mentioned because it could make the jury think about parole and probation unfairly when deciding his sentence. The court found that this could have influenced the jury, especially since they asked questions about how long Harris would be on parole. Therefore, they decided that because of this, it was necessary to reduce his sentence to twenty years. As for the third point, the court felt that the way the trial judge handled certain procedures was not a problem anymore because they had already decided to change Harris's sentence based on the earlier mistake. In the end, the court agreed with Harris’s reasoning about how he should have been sentenced, leading them to change his punishment. They affirmed his conviction but modified the sentence to twenty years in prison.

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J 2013-0130

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In OCCA case No. J 2013-0130, D.I.S. appealed his conviction for assault and battery with a dangerous weapon. In a published decision, the court decided to reverse the order adjudicating D.I.S. as a delinquent child and remand the matter to the District Court with instructions to dismiss. One judge dissented. This case began when a Juvenile Petition was filed on July 25, 2012, against D.I.S., who was just 14 years old. He was charged with three counts of assault and battery with a dangerous weapon in Pontotoc County. After a hearing on February 5, 2013, the judge found that D.I.S. had committed the offenses and declared him a delinquent child. He was ordered to stay with his mother under supervision until another court hearing about his situation. D.I.S. appealed this decision, arguing that the evidence wasn’t strong enough to prove he used a dangerous weapon, or that he had intent to cause serious harm. The law requires that to be declared a delinquent child, the evidence must clearly show proof beyond a reasonable doubt. The appeals court agreed with D.I.S. and said that the evidence was not sufficient to support the idea that he was guilty of assault and battery with a dangerous weapon. Therefore, they reversed the previous ruling and instructed the lower court to dismiss the case against him. The case was important because it highlighted the need for strong evidence when judging a child in the juvenile justice system. The court made it clear that if the facts aren’t strong enough, they cannot find a child guilty of serious charges. This ruling protects the rights of young people by ensuring they are only judged based on solid evidence.

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F-2012-112

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In OCCA case No. F-2012-112, Gene Freeman Price appealed his conviction for First Degree Burglary. In a published decision, the court decided to reverse and remand for a new trial. One judge dissented. Gene Freeman Price was found guilty of breaking into a building with the intention of committing a crime. He was given a sentence of twelve years in prison. However, Price argued that he did not fully understand his rights before he decided to represent himself in court instead of having a lawyer help him. The court looked closely at the case. They believed the trial court did not do a good job explaining to Price the risks of going to court alone without a lawyer. This meant that Price could not have truly given up his right to a lawyer because he didn't really understand what that meant. The judges decided that because of this mistake, Price's right to have a lawyer was violated. Since this was such a serious error and affected the whole case, the court said they could not ignore it. They ruled that the earlier decision needed to be thrown out, and Price should get a new trial where he could have a lawyer help him.

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F-2009-1002

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In OCCA case No. F-2009-1002, Rickey Dewayne Prince appealed his conviction for multiple serious crimes, including possession of child pornography, lewd molestation, and first-degree rape. In an unpublished decision, the court decided to modify some of his sentences but upheld his convictions. One judge dissented. Rickey Dewayne Prince faced a jury trial where he was found guilty on multiple counts related to child exploitation and abuse. His punishment included lengthy prison sentences, with certain counts requiring him to serve them consecutively, leading to a total of many years behind bars. After the trial, Prince raised several arguments in his appeal. He claimed that he did not receive a fair trial due to various reasons. These included improper support for the victims' testimonies by a nurse, errors in how the charges were brought, issues regarding the admission of his own statements to police, and claims about his lawyer not doing a good enough job defending him. The court reviewed these points carefully. They found that while some mistakes occurred, like using the wrong statute for charging possession of child pornography, the overall outcome of the trial was justified. The judges believed that the evidence presented during the trial strongly supported Prince's convictions, even without additional corroborating details from other sources. In some points of his appeal, Prince's arguments were dismissed because he did not raise them in time during the trial, which limited how much the court could consider his issues. They also decided that any errors that did happen were not serious enough to change the trial's verdict or give him the right to a new trial. As a result, while some of Prince's sentences were adjusted to be less severe, the court affirmed many of his convictions for serious crimes against children, keeping him under a long prison sentence for his actions. The court made changes to the official records to properly reflect the legal basis for his convictions while confirming that he did not face unfair treatment during his trial.

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F-2005-963

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In OCCA case No. F-2005-963, the appellant appealed his conviction for using a vehicle to facilitate the intentional discharge of a weapon. In an unpublished decision, the court modified the conviction to felony malicious injury to property instead. One judge dissented. The case began when the appellant, Larry Roger Watts, was found guilty by a jury of a crime involving firing a weapon from a vehicle. The jury decided he should serve three years in prison and pay an $8,000 fine. Watts disagreed with the decision and argued several points in his appeal. First, he believed there was not enough evidence to support the charge against him. He claimed that since nobody was near where he fired the weapon, it wasn't a real drive-by shooting, which is meant to endanger people, not property. He also pointed out that the law was changed, and air guns were no longer considered weapons that could be fired from a vehicle under this specific law. Secondly, the appellant argued that the way he was arrested was not legal, meaning the evidence against him should not have been allowed in court. He also mentioned that important recordings from the police that could have helped his case were erased, which he felt was unfair. While looking at all these claims, the court decided that the original conviction for a drive-by shooting could not stand since no one was harmed during the incident. However, the court recognized that damages to property did happen, which led them to change the conviction to felony malicious injury to property. This new conviction came with a lesser punishment: two years in prison and a fine of $1,000 instead of the earlier sentence. The judges concluded that allowing the state to proceed under different theories of the law was appropriate. They determined that Watts was not surprised or prejudiced by this change. In the end, the court ruled in favor of modifying the conviction and sentence, agreeing that it was the right way to handle the case based on the evidence available. They also stated that there was no plain error regarding the prosecutor's comments or about the contention of the erased tapes. Overall, the case showed how legal decisions can evolve based on the circumstances and the interpretations of the law.

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F-2005-649

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In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.

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F-2005-814

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In OCCA case No. F-2005-814, James Joseph Wymer appealed his conviction for First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Wymer was found guilty by a jury and sentenced to forty-five years in prison. He argued that the jury was not fully instructed about the law regarding his sentence, which meant he wasn't told he had to serve eighty-five percent of it. He also felt that his sentence was too long and that the evidence against him wasn't strong enough to prove he was guilty beyond a reasonable doubt. After looking closely at both the facts and the law, the court believed that the jury should have been informed about the eighty-five percent rule, but they did not think this mistake was enough to set aside the conviction. Therefore, they decided to lower Wymer's sentence from forty-five years to thirty-five years. The court also considered whether his sentence was excessive. They found that given Wymer's past convictions, the sentence was fair and not shocking or unreasonable. Finally, they reviewed the evidence and concluded that there was enough proof to show that Wymer took part in the burglary rather than just standing by. The final decision was to keep the conviction but change the punishment to thirty-five years.

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C-2004-850

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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.

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F-2004-281

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In OCCA case No. F-2004-281, Lori Jo Schram appealed her conviction for Possession of Precursor Substances with the Intent to Manufacture a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the order of restitution. One member of the court dissented. Lori Jo Schram was found guilty by a jury in Grady County after the police found items related to methamphetamine production at a trailer. The jury decided that she should go to prison for ten years, but five years would be suspended, along with a fine of $10,000. The court also said she needed to pay $2,544.46 to the victim. On appeal, Schram raised several points for why she thought her conviction should be reversed. First, she said the trial court made a mistake by not allowing a motion to suppress evidence. She argued the police obtained a search warrant through an illegal search. However, the court explained that an officer was invited to the property and found suspicious items in plain view. Therefore, the court said the search was legal and that the trial court did not make an error. Second, Schram claimed that the prosecution did things that were unfair and that these actions affected her sentence. The court looked at the instances she mentioned and noted that the trial judge told the jury to ignore any improper comments from the prosecutor. The court believed this helped fix any potential errors, and since Schram received a light sentence, the issues raised did not impact it. Finally, Schram argued that the amount of restitution she was ordered to pay was wrong because she was not convicted of manufacturing methamphetamine, only possession. The court agreed that the trial court did not properly determine the restitution amount based on the guidelines, so they decided to vacate that order and send it back to the trial court for a proper assessment. Overall, the court upheld the conviction but changed the restitution order, making it necessary for the trial court to reassess how much Schram owed.

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F-2002-1370

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In OCCA case No. F-2002-1370, Oscar Lee Lamb appealed his conviction for two counts of Rape by Instrumentation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Oscar Lee Lamb was found guilty by a jury and received a sentence of five years in prison for each count, with the sentences running consecutively. Lamb challenged the trial court's decision on two main points. First, he argued that there was a mistake when some evidence that was not allowed in the trial was taken to the jury room during their discussions. This was seen as a problem, but the court believed it did not cause any harm to Lamb's case since the content of those pieces of evidence had already been discussed during the trial. The second point brought up by Lamb was more serious. He said that a witness who was an expert gave an opinion on whether or not the victim was telling the truth. The court agreed that this was a mistake because experts should not tell the jury what to believe about who is honest or dishonest. This kind of testimony can really affect the jury's decision, particularly when both sides disagree strongly about what happened. Since the court thought the expert's testimony could have made a difference in how the jury viewed the case, they decided that Lamb should have a new trial. Therefore, the previous court's decision was overturned, and the case was sent back for another trial.

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