F-2018-562

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **AARON THOMAS BROCK,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-562** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Aaron Thomas Brock was convicted by jury of robbery with a dangerous weapon and conspiracy to commit a felony in Oklahoma County District Court, receiving a total sentence of thirty-five years imprisonment. He appeals with two propositions of error. **Proposition One: IAD Violation** Brock argues his rights under the Interstate Agreement on Detainers (IAD) were violated when the State did not bring him to trial within the mandated 180 days. The trial court ruled that no proper detainer was lodged against him as required by Article III of the IAD. Brock contends that a documentation was sent to the appropriate authorities, triggering the IAD timeline. The trial court determined that there was no evidence of a proper detainer because the Oklahoma County District Attorney's office and the Court Clerk's office had no record of receiving documentation from Brock. Notably, the trial court found a facsimile from the Sheriff's office did not constitute a proper detainer as defined by case law (Fex v. Michigan). The Court agreed with the trial court's findings, ruling that Brock failed to provide sufficient documentation and credible evidence to support his claims. **Proposition Two: Insufficient Evidence** In his second proposition, Brock asserts that the evidence was insufficient to uphold the conviction for robbery with a dangerous weapon. The standard for reviewing evidence requires this Court to determine if, viewing the evidence favorably to the prosecution, a rational jury could find guilt beyond a reasonable doubt. The facts presented included testimony that a knife was brandished toward a victim and that money was taken by a co-defendant and given to Brock. The Court found that this evidence met the elements for robbery with a dangerous weapon, reinforcing that the presence of fear in the victim suffices for conviction. **Decision** Both propositions of error raised by Brock are denied. The judgment and sentence are AFFIRMED. A mandate will issue upon filing this decision. **Appeal from the District Court of Oklahoma County** The Honorable Timothy R. Henderson, District Judge **Attorneys for Appellant**: Nick Southerland, Andrea Digilio Miller, Micah Sielert **Attorneys for Appellee**: Kelly Collins, Mike Hunter, Lori McConnell, Jennifer B. Miller **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [**Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-562_1735316443.pdf)

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MA-2018-987

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In OCCA case No. MA-2018-987, Cox appealed his conviction for a criminal case that led to an accelerated sentence. In a published decision, the court decided that the District Court must prepare the appeal record and transcripts at public expense. The court noted that Cox was deemed indigent for the purpose of having an attorney appointed, but the District Court initially ruled that he had enough assets to pay for his transcripts. This created a problem because it delayed his appeal process. The court ultimately granted Cox's request for a writ of mandamus, which allowed him to move forward with his appeal without having to pay upfront for the transcripts. The decision was not unanimous, with some judges disagreeing.

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F-2005-392

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In OCCA case No. F-2000-638, Ray Lamont Hubbard appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided that the assessment of incarceration costs against him needed further review because the process used to determine those costs was not followed properly. The opinion noted that Hubbard's ability to pay was considered, but remanded the case for an evidentiary hearing to correctly calculate the incarceration costs. In OCCA case No. F-2000-194, Troy Don Cape also appealed the assessment of incarceration costs after pleading guilty to Driving While Intoxicated. The court similarly decided to vacate the amount of costs assessed against him because the required procedure for determining the costs was not adequately followed. Both cases were sent back for hearings to determine appropriate incarceration costs. One judge dissented on the decision to vacate and remand, believing that the assessments were already supported by sufficient evidence and that the trial courts had acted within their discretion.

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