Court of Criminal Appeals

F-2003-719

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In OCCA case No. F-2003-719, Timothy Phipps appealed his conviction for Robbery With a Weapon, After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm Appellant's conviction but modify the sentence. One judge dissented. Phipps was found guilty by a jury in the District Court of Muskogee County and was sentenced to fifteen years in prison, with five of those years suspended. The court found that the jury had been mistakenly instructed about the minimum punishment. They believed they were allowed to sentence him to a minimum that was not accurate due to his past conviction from Arkansas. Because of this mistake, the court changed his sentence to ten years in prison with five years suspended. The court carefully reviewed everything in the case and determined that the mistake about the punishment made a difference in how the sentence was decided.

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J-2003-1180

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In OCCA case No. J-2003-1180, T.C.S. appealed his conviction for second-degree burglary. In an unpublished decision, the court decided to reverse the District Court's decision and remand the case for a new trial. One judge dissented. T.C.S. was found to be delinquent after a hearing where he was accused of committing burglary when he was 16 years old. The court looked at evidence and decided that the testimony from an accomplice needed to be supported by more evidence to connect T.C.S. to the crime. Since the only supporting evidence showed that T.C.S. was in the same place as the accomplice later that night, it was not enough to prove he committed the burglary. The judges agreed that for a conviction based on an accomplice's testimony, there must be more proof that ties the defendant to the crime. As such, since this was not met, the judges reversed the earlier decision and said T.C.S. deserves a new trial.

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F-2003-1089

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In OCCA case No. F-2003-1089, Micah Ananias Horn appealed his conviction for Committing Indecent or Lewd Acts with a Child. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Horn was found guilty and sentenced to eight years in prison. He argued that several things were wrong with his trial. First, he said he didn't get a fair trial because the jury saw video evidence about a lie detector test, which is not allowed in court. He also claimed his confession was not given freely and that the prosecutor unfairly tried to make the jury feel sorry for the victim. Horn believed there wasn't enough evidence to show he did something sexual, and he thought the way the prosecutor spoke during the trial was unfair and confusing. After looking closely at all the information, the court agreed with Horn on two main points. The first was that the mention of the lie detector test could have influenced the jury’s decision and that it was serious enough to affect the outcome. The second point was that the way the prosecutor explained the burden of proof to the jury was incorrect and could confuse them about what beyond a reasonable doubt means. Since these mistakes were significant, the court ruled that Horn's conviction should be overturned, and he should have a new trial to make sure he gets a fair chance to defend himself.

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RE-2003-86 and RE-2003-87

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In OCCA case No. RE-2003-86 and RE-2003-87, Christi Marie Farris appealed her conviction for the revocation of her suspended sentences. In a published decision, the court decided to affirm the revocation but remanded the case to the district court to order that the sentences be served concurrently. One judge dissented.

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F 2002-1481

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In OCCA case No. F 2002-1481, Anthony John Hathcock appealed his conviction for Omitting To Provide For Minor Child. In a published decision, the court decided to reverse and remand the case for a new acceleration hearing. One judge dissented. Here's what happened: Hathcock pled no contest to the charges in November 2001 and was given a five-year deferred sentence. This means he didn't go to prison right away but had to follow certain rules, like paying child support. He was supposed to pay $100 a month for current support and catch up on a larger amount he owed. However, the State said he failed to make these payments and asked the court to speed up his sentence, which was called accelerating the sentence. A hearing took place in June 2002 where Hathcock represented himself, meaning he didn't have a lawyer. The judge decided that Hathcock broke the rules of his deferred sentence and sentenced him to one year in prison. Hathcock then appealed this decision, saying three main things. First, he claimed he didn’t effectively waive his right to have a lawyer. Second, he argued that the State didn't provide good evidence to justify speeding up his sentence. Third, he pointed out that it was unclear what his new sentence was supposed to be. The court looked at these claims during the appeal. They agreed with Hathcock that he did not properly waive his right to a lawyer and that this was an important issue. Because of this, the court decided to reverse the earlier decision and send it back to the lower court for a new hearing, ensuring that Hathcock would have legal representation this time. Overall, the court's order was that Hathcock's sentence acceleration was not valid as he was not given proper legal help during the initial proceedings.

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M-2003-513

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In OCCA case No. M-2003-513, the appellant appealed her conviction for resisting an officer and possession of marijuana. In an unpublished decision, the court decided to affirm the convictions but modify the fine for possession of marijuana. One judge dissented. The appellant was found guilty by a jury for two charges: resisting an officer and possession of marijuana. The incident happened when a truck driver reported a car driving erratically on a highway. When officers arrived, they found the appellant behind the wheel, showing signs of intoxication with the smell of alcohol and marijuana. Initially, the appellant was compliant, but she soon became aggressive and refused to cooperate with the officers. When they tried to arrest her, a struggle ensued, and the appellant physically fought with the officers. After getting her under control, the officers conducted a search of her vehicle and found marijuana. Later, while being booked at the jail, they discovered she had a marijuana cigarette in her pocket. The appellant believed her sentence of twenty months for the crimes was too harsh. She requested that they serve her sentences at the same time instead of one after the other. However, the court found that the sentences were reasonable and did not shock their conscience, so they decided to keep them consecutive. However, they agreed with the appellant that a fine of $1,000 imposed by the trial court was too high, as it exceeded what the law allowed. The maximum fine for the possession charge was actually $500 according to the law, so they reduced her fine to this amount. In summary, while the court upheld the appellant's conviction and the overall punishment, they made a small change to the fine amount.

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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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F-2002-1470

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In OCCA case No. F-2002-1470, Wafford appealed his conviction for several crimes. In a published decision, the court decided to affirm part of the convictions and reverse one of them. One judge dissented. Michael Orlando Wafford was found guilty by a jury of trafficking in illegal drugs, possession of a firearm while committing a felony, possession of a controlled dangerous substance with intent to distribute, and concealing stolen property. The jury gave him a total of fifty-five years in prison for these crimes. There were several issues that Wafford raised in his appeal. First, he argued that there wasn’t enough evidence to support his conviction for possessing a gun while committing a felony and that the evidence for trafficking was also weak. The court, however, found that the evidence was enough to show that Wafford had control over the drugs found and that there was a connection between the gun and the drug crimes. Next, Wafford pointed out that it was unfair to charge him with two different crimes because of the same gun. The court agreed, sending back instructions to dismiss the conviction for concealing stolen property since it stemmed from the same act of having the gun. Wafford also claimed that some evidence during the trial was unfair to him and that he did not get a fair trial because of it. The court found that the objections raised did not significantly affect the outcome of the trial. Overall, the court upheld the conviction for trafficking and the possession of a firearm while committing a felony, concluding that the evidence supported those charges. However, they also ruled that Wafford's conviction for concealing stolen property was not valid and ordered it to be dismissed.

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F 2002-1259

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In OCCA case No. F 2002-1259, the appellant appealed his conviction for robbery in the first degree, robbery with imitation firearm, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but modified the sentences to run concurrently rather than consecutively. One judge dissented, stating that eleven life sentences shocked the court's conscience but eight did not.

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RE-2002-580

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In OCCA case No. RE-2002-580, Garcia appealed his conviction for obtaining money by means of a false check. In a published decision, the court decided to reverse the acceleration of Garcia’s deferred sentencing and sent the matter back for further proceedings. One judge dissented. Here is what happened in simpler terms: Garcia was found guilty of a crime and got a chance to avoid a harsh punishment by being put on probation for five years. But a short time after starting probation, the state said he broke the rules, so they wanted to give him a tougher punishment. The judge first made sure Garcia was mentally okay to understand what was happening and to help in his defense. After deciding he was competent, the judge allowed the hearing to continue without first ensuring that Garcia had a lawyer present. During a later hearing, it was found that Garcia indeed had violated probation, and he was sentenced to a year in jail and a fine. Garcia argued that the judge should not have moved ahead with the case without following the proper steps, especially regarding his right to have a lawyer. The court agreed with Garcia’s point. They decided that the earlier decision to make his sentence tougher was not done correctly. So, the court reversed the punishment and sent the case back to make sure Garcia had a lawyer and that all the necessary rules were followed in the next steps.

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C-2002-1525

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In OCCA case No. C-2002-1525, Campbell appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction but modified her sentence. One judge dissented. Campbell was charged in Hughes County and entered a guilty plea while maintaining her innocence, known as an Alford plea. She was originally sentenced to twenty-five years in prison. Campbell later appealed, asking to withdraw her guilty plea or reduce her sentence. The court found that although she could not withdraw her plea because she had been properly informed about the rights she was waiving and the maximum penalty for her conviction, her sentence was too harsh. The court decided to change her sentence from twenty-five years to ten years, although it did not reverse her conviction. The dissenting judge believed the trial judge's original decision on the sentence should stand.

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F-2002-690

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In OCCA case No. F-2002-690, Lonny Boyd Jones appealed his conviction for multiple crimes, including assaulting a police officer and aggravated trafficking in methamphetamine. In an unpublished decision, the court decided to reverse one count against him, affirm the others, and reduce his sentence for aggravated trafficking. One judge dissented. Lonny Boyd Jones was tried in Grady County District Court and found guilty of several charges. He received sentences of five years for assaulting a police officer, two years for possessing a firearm after being convicted of a felony, one year with a fine for resisting an officer, and 35 years plus a fine for trafficking methamphetamine. After his conviction, Lonny appealed the decision, arguing many points, including issues with the arrest warrant, double jeopardy, hearsay evidence, and the effectiveness of his counsel. The court reviewed his claims. They found that the arrest warrant was valid despite not being signed properly. Therefore, Lonny's claim regarding the warrant did not hold. They also decided that his conviction for resisting a police officer was too similar to the assault charge, so that conviction was reversed. Regarding the hearsay evidence and jury instructions, the court found that they did not significantly affect the trial's outcome, and his request for instructions on lesser offenses or defenses was denied because the evidence supported his guilt for the charges he faced. Additionally, the court upheld the introduction of a letter he wrote, agreeing that it was authentic. They dismissed claims of prosecutorial misconduct as the comments made during the trial were fair and justified by the evidence. The court acknowledged that the sentencing instructions were mistaken and modified his sentence for trafficking methamphetamine, reducing it from 35 years to 30 years without a fine. In the end, the court's decision affirmed most of Lonny's convictions, changed one, and modified his sentence.

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RE 2002-1124

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In OCCA case No. RE 2002-1124, Earnest Williams appealed his conviction for violating the terms of his suspended sentences. In a published decision, the court decided to affirm the revocation of his suspended sentences in three cases but vacated the revocation of one case because it was found that the court did not have the authority to revoke that particular sentence. One judge dissented on part of the decision.

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F-2002-613

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In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.

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F 2002-1041

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In OCCA case No. F 2002-1041, Carlos Gomez Modesto appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine and Cocaine). In an unpublished decision, the court decided to reverse and remand Count 1 with instructions to dismiss it, while affirming Count 2. One judge dissented. The case started when Modesto was found guilty in an earlier trial of trafficking both methamphetamine and cocaine. The jury decided his punishment for methamphetamine should be ten years and a fine of $50,000, and for cocaine, ten years and a fine of $25,000. However, during sentencing, the judge changed the punishment for methamphetamine to just four years, allowing both counts to run at the same time. Modesto raised several issues during his appeal, challenging the fairness of the trial. He claimed that: 1. The trial court didn't properly handle his request to dismiss the charges based on double jeopardy, which is when a person can't be tried twice for the same crime. 2. He argued that having two convictions seemed unfair, like getting punished twice for the same wrongdoing. 3. He believed that the evidence presented was not enough to support his convictions. 4. Modesto complained about the prosecutor's comments during closing arguments, suggesting they were harmful and unfair. 5. He pointed out that some decisions made by the trial court regarding evidence were wrong, which affected his right to a fair trial. After looking carefully at all the facts and arguments, the court agreed with Modesto on some points. They found that his two convictions did violate the rule against double punishment, so they decided to reverse the conviction for methamphetamine and instruct the lower court to dismiss that charge. However, they determined there was enough evidence to uphold the conviction for cocaine and decided to affirm that part. The court also recognized that the prosecutor's comparison of Modesto to a notorious criminal was inappropriate, but they concluded it wasn’t enough to change the trial's outcome. Lastly, although there were some mistakes in handling evidence, they decided those were not serious enough to affect the fairness of the trial. In summary, the court's final ruling was that Modesto's conviction for trafficking cocaine would stand, while the conviction for methamphetamine was reversed and dismissed.

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C-2003-858

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In OCCA case No. C-2003-858, Esther Servin appealed her conviction for Child Neglect. In a published decision, the court decided to grant her petition to withdraw her guilty plea based on the interests of justice. One judge dissented. Servin had pled guilty to two counts of Child Neglect, which means she was charged with not taking care of her child. A judge sentenced her to a long time in prison—37 years for one count and 10 years for the other. This punishment would mean she had to serve those two sentences one after the other, making a total of 47 years. After the sentencing, Servin tried to take back her guilty plea because she thought she didn’t understand what was happening during her trial. Her request was denied at first, but later, the court allowed her to appeal. In her appeal, Servin said two main things: First, she believed she didn’t enter her guilty plea in a way that was fair and understood. Second, she thought her lawyer did not help her well enough. The court looked at all the information, including the questions asked in court and the answers Servin gave. They concluded that it was right to let her withdraw her plea because it would be fair to do so. The dissenting judge disagreed. This judge believed that Servin’s plea was valid and that everything in court was handled well. The dissenting judge thought the sentence, even though it was long, should be kept as is because Servin had made her choices and understood her situation at the time. In summary, the court allowed Servin to withdraw her guilty plea based on fairness, while one judge felt the original plea should stand.

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M-2002-1146

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In OCCA case No. M-2002-1146, Michael Lee Vickery appealed his conviction for unlawful possession of marijuana, possession of paraphernalia, and driving under suspension. In a published decision, the court decided to affirm the convictions but modified the sentences to three months of incarceration, giving credit for time served. One judge dissented regarding the modification.

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C-2002-1190

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In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple crimes including possession of controlled substances and shooting with intent to kill. In a published decision, the court decided to affirm most of the convictions but reversed the conviction for maintaining a vehicle used for the keeping or selling of controlled substances, due to insufficient evidence. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively.

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C 2002-1460

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In OCCA case No. C 2002-1460, Skinner appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to partially grant his appeal. The court found that the pleas of guilty to some charges were not entered knowingly and voluntarily. Skinner was not properly advised about the punishment he could face, and the fines he received were too high according to the law. Therefore, the court allowed him to withdraw his guilty pleas for certain counts and changed the fine on one of the counts to a correct amount. The court upheld the punishment for one count but denied the appeal for another. A judge dissented on some aspects of the case.

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F-2001-1529

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In OCCA case No. F-2001-1529, Daniel Kelly Orcutt appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Here's a summary: Daniel Kelly Orcutt was found guilty of Manslaughter in the First Degree by a jury. The trial was held in Creek County, and the judge sentenced him to fifty years in prison and a $10,000 fine. Orcutt believed he had a fair trial, but he had several complaints about how things went during the trial. He argued that the trial court should not have allowed the jury to separate during their talks. He felt this decision was unfair and took away his rights to a fair trial because they could be influenced by outside information. He pointed out that he objected to this decision when it was made, but it still happened. Orcutt also complained that the prosecutor made comments about him not testifying, which he felt was wrong. He believed that he didn’t get all the information he needed from the state before the trial started, which made it difficult for him to defend himself. Furthermore, he felt the court restricted how he represented himself, even after allowing him to do so. The court agreed with Orcutt that these issues were important. They decided that these errors could lead to a different outcome if the trial were held again. Because of this, the judges in the OCCA decided that he would have a new trial so that he could have a fair chance to defend himself properly.

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F 2002-532

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In OCCA case No. F 2002-532, James Jermaine Woodfork appealed his conviction for multiple crimes, including Kidnapping, Assault and Battery with a Dangerous Weapon, Domestic Abuse, and other offenses. In a published decision, the court decided to uphold some of his convictions while reversing others and sending them back to the District Court for dismissal. One member of the court dissented. Woodfork had been found guilty of various charges after a jury trial. He received significant sentences for his convictions, including 25 years for Kidnapping and 30 years for Assault and Battery with a Dangerous Weapon. However, he raised concerns about double jeopardy, arguing that his multiple convictions for similar offenses involving different victims should not have occurred. The court agreed with him on some counts and reversed those convictions. Additionally, the court examined claims of trial errors and prosecutorial misconduct. Even though the prosecutor made some inappropriate comments during the trial, the court concluded that these did not significantly affect the overall fairness of the trial or the jury's decision, so they did not lead to a reversal of the sentence. In summary, some of Woodfork's convictions were upheld, while others were reversed, and he was given a chance for those to be dismissed. This case highlights important legal principles about multiple charges and the rights of defendants in a criminal trial.

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F-2002-24

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In OCCA case No. F-2002-24, Tomas Mendiola Bernal appealed his conviction for maintaining a place for keeping or selling drugs and three counts of delivering and distributing cocaine. In an unpublished decision, the court decided to reverse the conviction for maintaining a place for selling drugs and ordered a new trial for that charge, but affirmed the convictions and sentences for delivering and distributing cocaine. One member of the court disagreed with some parts of the decision.

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M-2002-263

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In OCCA case No. M-2002-263, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the appellant, who we will call #1, had several legal issues. He was found guilty of different crimes related to driving, like drinking and driving and having an open container of alcohol in his car. Because of these convictions, he received various punishments, including jail time and fines. #1 claimed that he should not have been punished multiple times for what he did, saying it violated his rights. He also believed that the punishment he received was too harsh and did not follow the law. The court looked at everything and decided that #1's convictions were valid and should stay. However, they also believed that the sentences should be changed. Instead of the original punishments, they modified them to be a total of 60 days, and all fines and costs were put on hold. This was a fair decision considering the circumstances, and it meant that #1 would not have to serve as much time as originally decided. The decision seemed mostly agreed upon by the judges, but one judge thought differently and did not agree with the majority's opinion.

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C-2003-356

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In OCCA case No. C-2003-356, Feaster appealed his conviction for robbery and related charges. In a published decision, the court decided that he was denied effective assistance of counsel and granted his writ for a proper hearing on the motion to withdraw guilty pleas. One judge dissented, arguing that the motion to withdraw was filed too late and should be dismissed.

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RE 2002-0993

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In OCCA case No. RE 2002-0993, a person appealed their conviction for unlawful possession of methamphetamine. In a published decision, the court decided to reverse the revocation of the person's suspended sentence. One judge dissented. The case started when the person pled guilty in January 2000 and was given a ten-year suspended sentence, which meant they'd stay out of prison as long as they followed certain rules. However, in July 2002, the state claimed the person broke the rules by testing positive for methamphetamine during a drug test. During the hearing to decide if the suspended sentence should be revoked, the person's probation officer said that the test showed the person had methamphetamine in their system. The person then explained they had many health problems, including severe joint issues, high blood pressure, and a history of cancer. They also used a cough syrup prescribed by a doctor, which potentially contained ingredients that could cause a positive drug test. The probation officer, when asked, said he couldn’t be sure if the cough syrup was the reason for the positive test results. Because of this uncertainty about the cause of the positive test, the court found there wasn't enough proof that the person had broken probation rules. As a result, the court reversed the previous decision to revoke the suspended sentence, meaning the person did not have to serve that part of their sentence. The court instructed the lower court to dismiss the application to revoke.

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