Court of Criminal Appeals Archives - Page 5 of 20

RE-2017-113

Post author:Staff
Post published:April 25, 2019
Post category:RE

In the case of Ruben Geraldo Velasquez v. The State of Oklahoma, the appellant appealed the revocation of his suspended sentences across multiple cases in the Caddo County District Court. The appeals were addressed by the Oklahoma Court of Criminal Appeals. The appellant had pleaded guilty to multiple charges, including possession of a firearm after conviction, driving under the influence, and domestic assault. His sentences were imposed with significant portions suspended, and he was placed on probation. However, the State filed a petition to revoke his suspended sentences citing several violations, including failure to pay fees, failure to report, changes in address, and new criminal offenses. The trial court revoked the appellant's suspended sentences in full after a hearing, and the appellant raised several propositions of error on appeal. The court determined that the first two propositions, which challenged the validity of the original sentences, were not properly resolved through this appeal and needed to follow certiorari procedures instead. The court found that the amendment to the revocation order, which removed post-imprisonment supervision, rendered one of the propositions moot. Regarding claims of ineffective assistance of counsel, the court concluded that the appellant had not demonstrated any deficiency in counsel's performance nor shown any resulting prejudice. The appellant's argument that the trial court abused its discretion by denying credit for time served was found to have no supporting legal authority, as the court indicated that there is no statutory requirement for such credit to be granted. Lastly, the court rejected the appellant's assertion that the revocation was excessive. The evidence presented to the trial court satisfied the standard necessary to revoke the suspended sentences, affirming that the burden of proof for violations is preponderance of the evidence, and that the decision to revoke is within the discretionary power of the trial court. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the trial court’s decision to revoke the appellant's suspended sentences across all cited cases, concluding that there was no abuse of discretion in the revocation. The mandates for this decision were ordered to be issued following the filing of the opinion. The decision is summarized as follows: **The revocation of Ruben Geraldo Velasquez's suspended sentences is AFFIRMED.**

M-2017-1021

Post author:Staff
Post published:April 25, 2019
Post category:M

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. M-2017-1021** *BYRIN CARR, Appellant, vs. THE STATE OF OKLAHOMA, Appellee.* **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR 25 2019 JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** The Appellant, Byrin Carr, appeals from his misdemeanor Judgment and Sentence entered after a jury trial before the Honorable Timothy D. Haworth, Associate District Judge, in Case No. CM-2016-655 in the District Court of Garfield County. Appellant was convicted of Threaten to Perform Act of Violence, and was sentenced to a term of six months in the Garfield County Jail. **PROCEDURAL HISTORY** On June 28, 2016, Appellant was charged with Threaten to Perform Act of Violence, misdemeanor, 21 O.S.2011, § 1378(B), for threatening to kill Garfield County judges and prosecutors. Subsequently, the case was assigned to Judge Haworth who appointed a different District Attorney before the trial proceeded on September 19, 2017. **FACTS** At trial, Brian Dickson, a news photographer for KOCO-TV, testified about an incident on June 27, 2016, where Appellant approached him and his co-worker while they were parked at McDonald's. Appellant made threatening statements about harming local judges and prosecutors, leading to Dickson recording their conversation. The recording included Appellant’s comments about killing judges and district attorneys. After the incident, the news supervisors contacted local law enforcement. Appellant, in his defense, argued that he meant no harm and merely sought to share his grievances about local authorities. His defense included proposed jury instructions regarding subjective intent and political speech, which were denied by the court. **ANALYSIS** **PROPOSITION I:** The court addressed whether the denial of Appellant's requested jury instructions constituted error. The court held that the crime outlined in § 1378(B) does not necessitate proof of the threat being a true and credible threat and is a general intent crime. Therefore, the judge's refusal to give the requested instruction was not an error. **PROPOSITION II:** Appellant contested the jury instructions regarding the term willfully. The court affirmed that proof of general intent suffices under § 1378(B) and that the judge's definitions were proper and aligned with legal requirements. **PROPOSITION III:** Finally, Appellant argued that he was denied the right to present a defense, specifically regarding the characterization of his speech as political. The court reasoned that the threats made by Appellant fell outside the bounds of protected political speech and were not relevant to the presented case. **DECISION** The Appellant’s misdemeanor Judgment and Sentence is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** JAMES L. HANKINS Attorney at Law Edmond, OK **COUNSEL FOR APPELLANT** **APPEARANCES ON APPEAL** BRIAN T. HERMANSON District Attorney, 8TH District Counsel for the State --- **OPINION BY:** LEWIS, P.J. **CONCURRING:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. *(Refer to the official document for textual fidelity and details of legal references.)*

F-2018-83

Post author:Staff
Post published:April 25, 2019
Post category:F

In OCCA case No. F-2018-83, the appellant appealed his conviction for terminating his participation in a drug court program. In an unpublished decision, the court decided to affirm the termination of the appellant's participation in the Kay County Drug Court Program. One judge dissented. The case began with the appellant being charged with domestic abuse, followed by several other charges which led to his participation in the drug court program. He had previous sentences but entered a plea agreement that allowed him to avoid immediate incarceration if he completed the program successfully. However, after multiple instances of non-compliance, the state requested to terminate him from the program. During a hearing, the judge evaluated whether the appellant had violated the terms of his performance contract in the drug court. The judge determined that he had. The appellant argued that the judge should have given him more chances to comply with the rules of the program, but the judge concluded that the appellant's actions warranted termination. The court ultimately agreed with the judge's decision, stating that he had not abused his discretion in terminating the appellant’s participation in the drug court program. The termination was deemed appropriate given the appellant's repeated violations.

C-2018-315

Post author:Staff
Post published:April 18, 2019
Post category:C

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.

F-2018-184

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

C-2018-489

Post author:Staff
Post published:April 4, 2019
Post category:C

**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

S-2018-950

Post author:Staff
Post published:April 4, 2019
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA, Appellant,** **V.** **JERRY LEE NILES, JR., Appellee.** **No. S-2018-950** **NOT FOR PUBLICATION** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA APR - 4 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** The State of Oklahoma appeals from an order affirming a ruling that sustained Jerry Lee Niles, Jr.'s demurrer to the evidence and motion to dismiss charges of Manslaughter in the First Degree. This appeal arises from the death of inmate Anthony Dewayne Huff, who died after being restrained for over fifty hours in the Garfield County Jail. **FACTUAL BACKGROUND** On June 8, 2016, Inmate Huff died in the Garfield County Jail while strapped in a restraint chair, prompting charges against Sheriff Niles and three co-defendants for manslaughter in the first degree, based on alleged misdemeanors of cruelty to prisoners and sheriff or jailer neglect. Judge Ryan D. Reddick granted Niles's demurrer, stating the evidence failed to demonstrate probable cause for either misdemeanor or a causal link to Huff's death. **REVIEWING JUDGE'S FINDINGS** Judge Jill C. Weedon, upon reviewing the preliminary hearing transcripts, found that although jail protocols were violated, Sheriff Niles was not personally involved in the events leading to Inmate Huff's death and had policies in place. The medical examiner determined that the cause of death was related to chronic alcoholism, not directly attributable to Niles's actions. **ISSUES PRESENTED BY THE STATE** 1. Whether sufficient evidence was presented to establish probable cause for the underlying misdemeanors. 2. Whether there was sufficient causation between Niles's alleged misdemeanors and Huff's death. 3. Whether there was probable cause for indicting Niles on the charge of Manslaughter in the Second Degree. **COURT ANALYSIS** The purpose of a preliminary hearing is to establish probable cause that a crime was committed and that the defendant likely committed it. The court must view evidence in favor of the state and ascertain if all elements of the crimes are sufficiently met. Here, the evidence did not support a conclusion that Niles engaged in misconduct that led to Huff's death. **DECISION** The repeated affirmations from both Judge Reddick and Judge Weedon regarding the insufficiency of the evidence concerning probable cause indicate no abuse of discretion. Thus, we AFFIRM the ruling of the District Court of Garfield County sustaining the magistrate's decision dismissing the charges. **CONCURRING OPINION BY HUDSON, J.:** While the court did not find criminal liability here, the circumstances surrounding the case are troubling. The death of an inmate, particularly under such inhumane conditions, raises serious moral questions. Although this ruling does not exonerate the sheriff or absolve oversight responsibility, any potential civil liabilities will fall upon taxpayers, which is an unfortunate outcome of this case. **COUNSEL:** For the State: Christopher M. Boring For Appellee: Gary J. James **END OF DOCUMENT**

F-2017-1103

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-1103, the appellant appealed his conviction for first degree murder. In a published decision, the court decided to affirm the judgment and sentence. One justice dissented. Jose Jonathan Rivera-Chavez was convicted of killing Wanda Cooper at a hotel. On December 27, 2016, Cooper went to the hotel office pleading for help while covered in blood. She collapsed shortly after and died from her injuries. Witnesses saw Rivera-Chavez trying to open car doors nearby after the incident. The police found him on the run and apprehended him with help from a police dog. Evidence showed blood on his clothes matched Cooper's. During the trial, Rivera-Chavez claimed he was under the influence of drugs and did not intend to kill Cooper. He admitted to stabbing her multiple times with a knife after becoming paranoid during a drug high. Despite his defense, the court noted that his actions and demeanor suggested he was not severely intoxicated. One key issue in the appeal was whether the court allowed evidence of Rivera-Chavez's silence after being read his rights, which he claimed violated his rights. The court found that this evidence was used properly to address his claim of voluntary intoxication and did not unfairly suggest guilt. The court concluded that even if there had been some error in admitting the evidence, it was harmless because ample evidence showed Rivera-Chavez's intent to kill. The judgment and sentence were ultimately upheld.

F-2017-970

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-970, Angelica C. Coats appealed her conviction for several crimes including drug possession and obstruction of an officer. In an unpublished decision, the court decided to affirm the district court’s decision to accelerate her deferred judgment and sentence because she had violated probation by failing to pay required fees. One judge dissented, arguing that she was not willfully failing to pay because she had been declared indigent in court and there was no inquiry into her ability to pay.

F-2017-911

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-911, the appellant appealed his conviction for various offenses. In an unpublished decision, the court decided to affirm the termination of the appellant from the Drug Court program. One judge dissented. The case began when the appellant, previously convicted of two counts of Second Degree Burglary, was sentenced to twenty-one years for each count but with most of that time suspended. While under supervision, the appellant was accused of violating the terms of his release due to new criminal charges. He later pleaded guilty to those new charges as well. To avoid serving the full sentences, the appellant entered a Drug Court program aimed at helping him overcome substance abuse issues. However, after several years in the program, he faced multiple sanctions for drug use and missed compliance with program rules. Eventually, the state moved to terminate him from Drug Court, asserting he had violated several agreements tied to his participation. During the hearing to decide whether he should be removed from the program, the trial judge ultimately decided that the appellant had not adequately followed the rules and terminated his participation. The appellant then argued that the judge should have considered giving him additional chances rather than terminating him outright. The court checked to see if the trial judge had abused his discretion, meaning if the judge made a choice that was unreasonable or did not follow the law. The records showed the appellant had been sanctioned several times over his three years in the program, but he continued to struggle with drug use. The court found no evidence that the judge had failed to weigh all the necessary factors before deciding to end the appellant's time in Drug Court. In the end, the court affirmed the decision to terminate the appellant from the Drug Court program, stating that the earlier judgments regarding his sentence also needed no changes since the mistakes made in paperwork were corrected. Therefore, the appeal was largely dismissed as moot.

C-2018-648

Post author:Staff
Post published:March 28, 2019
Post category:C

In OCCA case No. C-2018-648, Denisa Dawn Duvall appealed her conviction for domestic assault and battery in the presence of a minor. In a published decision, the court decided to grant her request for a new hearing to withdraw her plea. One judge dissented. Duvall was charged with a misdemeanor and decided to enter a plea of no contest. The court accepted her plea and gave her a deferred sentence, which included supervision and counseling. Later, Duvall filed a request to withdraw her plea, saying she wanted an attorney to help her. However, when the court held a hearing, it was unclear if she was offered a lawyer or if she had decided to represent herself. Duvall claimed that she didn’t understand the charges or the meaning of her plea when she first entered it. The court didn’t allow her a lawyer during the hearing to withdraw her plea, which is against her rights under the Constitution. The court recognized that Duvall should have had legal help during that critical moment. The State agreed that Duvall didn’t receive a fair process because she was not represented by counsel. The court decided that they needed to redo the hearing where Duvall could have a lawyer present, and she should be allowed to explain why she wants to withdraw her plea. The court ordered that Duvall be given a new chance to file a motion for withdrawing her plea with her new lawyer and scheduled an evidentiary hearing on that motion. If her request to withdraw her plea is denied again, her lawyer must help her with an appeal. The decision from the court resulted in Duvall getting a new hearing, where she can properly address her plea's withdrawal with the support of an attorney.

M-2017-954

Post author:Staff
Post published:March 7, 2019
Post category:M

In OCCA case No. M-2017-954, Christian Wages appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to modify his conviction to simple Assault and Battery and remanded the case for resentencing. One judge dissented. Christian Wages was found guilty of Domestic Abuse in a trial without a jury. The judge sentenced him to one year in jail, with all but the first thirty days suspended, and a fine of $500. He was also required to attend counseling and was placed on probation. Wages appealed the decision, claiming three main errors in the trial. First, he believed the court wrongly allowed hearsay evidence that violated his right to confront witnesses. This hearsay was about R.S., the alleged victim, who did not testify at the trial. Second, he argued that the evidence wasn't enough to prove he battered R.S. because the witnesses did not clearly identify her. Lastly, he claimed that the errors in the trial added up to deny him a fair trial. The court reviewed the evidence and mentioned that while there was enough proof for a simple Assault and Battery charge, the evidence for the Domestic Abuse charge was based on inadmissible hearsay that stated R.S. lived with Wages. Since there wasn’t sufficient admissible evidence to prove the domestic relationship, Wages' conviction was modified to simple Assault and Battery. As for the last argument regarding cumulative errors, the court pointed out that it only found one significant error, meaning cumulative error could not be applied. In conclusion, the punishment was lessened from Domestic Abuse to simple Assault and Battery, and the court instructed to resentence Wages according to this new finding.

M-2017-137

Post author:Staff
Post published:February 28, 2019
Post category:M

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.

F-2017-1053

Post author:Staff
Post published:January 31, 2019
Post category:F

In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

JS 2018-0917

Post author:Staff
Post published:January 3, 2019
Post category:JS

In OCCA case No. JS 2018-0917, M. W. appealed his conviction for Rape, First Degree, and Sexual Battery. In a published decision, the court decided to affirm the ruling that allowed him to be treated as a Juvenile instead of as an adult. One judge dissented.

RE-2017-264

Post author:Staff
Post published:December 27, 2018
Post category:RE

In OCCA case No. RE-2017-264, Damion Deshawn Polk appealed his conviction for Domestic Abuse (Assault and Battery) After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to reverse the revocation of the balance of his suspended sentence. One judge dissented. The case started when Polk was given a ten-year sentence that was suspended, meaning he wouldn't have to go to prison right away. He had to follow certain rules, including paying fees, doing community service, and staying out of trouble. However, he did not follow these rules, and the State asked for his sentence to be revoked. At a hearing, Polk admitted to using drugs, which was one of the reasons his probation was being revoked. The judge gave him a punishment by sending him to jail for ninety days. After he served this time, he was supposed to report to a program but missed his next court date. Later, when the judge reviewed the case again, he revoked Polk's suspended sentence entirely. However, during the appeal, the court found that Polk had already been punished for his drug use and that the judge should not have fully revoked his sentence for that same violation. The appellate court decided that there should have been new violations presented for the full revocation. As a result, the court reversed the judge's decision to revoke Polk's suspended sentence completely. They noted that a suspended sentence can't be revoked for a reason that has already been punished. The appellate court ruled that since Polk had already faced penalties for his prior drug use, the judge should have considered that before taking away the rest of his suspended sentence.

C-2018-441

Post author:Staff
Post published:December 20, 2018
Post category:C

In OCCA case No. C-2018-441, Clinton Lee Myers appealed his conviction for trafficking in illegal drugs and possession of a controlled substance with intent to distribute near a school. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Clinton Lee Myers entered a plea of guilty to two serious charges. He was sentenced to a long time in prison and had to pay a large fine. After he was sentenced, he wanted to withdraw his guilty plea, but the court said no after listening to evidence in a hearing. Myers complained that his punishment was too harsh and that the prosecutor shouldn't have talked about his past crimes during the sentencing. He felt this information was unfair and should not have been used against him. However, the court explained that this type of information can be considered at sentencing. They also decided that his sentence was within legal limits and did not shock their conscience, so they would not change it. Additionally, Myers believed that there was a mistake in the written records of his sentence regarding the amount of the fine. The court found that there was, in fact, a clerical error in the documents about the fine amount. They agreed that the error should be corrected to match what the judge said during the sentencing. In conclusion, the court denied Myers' request to change his sentence, but they agreed to correct the written record to reflect the right fine amount.

S-2018-6

Post author:Staff
Post published:November 15, 2018
Post category:S

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** Court Case No: S-2018-51 and S-2018-6 **STATE OF OKLAHOMA,** Appellant, **V.** **SHELLEY MARIE BRADLEY,** Appellee. **STATE OF OKLAHOMA,** Appellant, **V.** **DYLAN THOMAS BRODIE,** Appellee. **SUMMARY OPINION** **ROWLAND, JUDGE:** 1. The State of Oklahoma, Appellant, appeals from an order affirming the ruling of the magistrate, sustaining the defendants' demurrers to evidence on Counts 1 and 2, and denying the State's request to amend the Informations, in Case Nos. CF-2017-445 and CF-2017-446 in the District Court of Wagoner County. **STATEMENT OF THE CASE** 2. Appellees, Shelley Marie Bradley and Dylan Thomas Brodie, were charged with intimidation of a witness and conspiracy to commit a felony. The magistrate sustained the demurrers to the evidence and denied amendments to include additional charges. 3. The matter was assigned to Judge Mark L. Dobbins as the reviewing judge, who affirmed the magistrate's ruling. 4. The State appealed; on August 9, 2018, this Court held oral arguments, after which the ruling was reversed. **SUMMARY OF FACTS** 5. The Appellees are related to Jacob Ode, charged with several offenses following a police pursuit. Hawkins, a relative of the Appellees, was a passenger and initially provided a statement implicating Ode. 6. Later, Hawkins was approached by the Appellees and persuaded to change her statement to indicate Ode was not the driver during the pursuit. 7. The magistrate found no evidence demonstrating that Hawkins was threatened or coerced into altering her testimony. **ANALYSIS** ### I. Intimidation of Witness 8. The State argued sufficient evidence existed for the charge of witness intimidation. However, the records demonstrated no evidence of Hawkins being prevented from testifying or coerced through force or fear. 9. The judges did not err in finding there wasn’t enough evidence to support the claim of intimidation. ### II. Conspiracy to Commit Intimidation 10. The State similarly could not provide sufficient evidence to show any conspiracy between the Appellees to intimidate Hawkins, as no threats or coercion were substantiated. ### III. Conspiracy to Commit Perjury by Subornation 11. The State argued it presented sufficient evidence to show a conspiracy to commit perjury by subornation. The appellate judges found sufficient cause to remand for the trial on this charge. ### IV. False Preparation of Exhibits 12. The evidence presented indicated that Hawkins’ second statement was prepared under the Appellees' guidance with the intent to be submitted as evidence. 13. The failure to include this evidence as a charge of False Preparation of Exhibits was deemed an error by the appellate judges. **DECISION** 14. The order of the District Court sustaining the magistrate's decisions is REVERSED. The case is remanded to the District Court with instructions to proceed to trial for the charges of Conspiracy to Commit Perjury by Subornation and False Preparation of Exhibits. **APPEARANCES** - **For the State:** Douglas G. Dry, Assistant District Attorney - **For the Appellees:** Michon Hastings Hughes & Clinton C. Hastings, Attorneys at Law **OPINION BY: ROWLAND, J.** - LUMPKIN, P.J., LEWIS, V.P.J., HUDSON, J., and KUEHN, J., concur. --- **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-6_1734333945.pdf)**

F-2017-1030

Post author:Staff
Post published:November 15, 2018
Post category:F

In OCCA case No. F-2017-1030, Polo Carrillo appealed his conviction for kidnapping, first-degree rape, assault and battery with a dangerous weapon, and domestic assault and battery in the presence of a minor. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Polo Carrillo was found guilty on several serious charges and sentenced to life imprisonment on three charges, with an additional year on the domestic assault charge. He raised several arguments on appeal, including issues with the evidence presented during his trial and concerns about whether he received a fair trial. One point of contention was the trial court's decision to allow a nurse to read a report during the trial that included what the victim had stated about the incident. Carrillo argued that this was hearsay and unnecessary since there was other testimony about the same information. The court determined that the nurse's statements were allowed because they related to medical treatment, which is an exception to hearsay rules. Another argument Carrillo made was about the court's ruling regarding the disclosure of certain witnesses' information. The trial court had allowed the victim's address to be withheld for safety reasons. The court pointed out that Carrillo was able to communicate with the victim without knowing her home address. Thus, the court concluded that the ruling did not harm his defense. Carrillo also claimed that photographs shown to the jury were redundant and biased against him, but the court found that these images were important in showing the victim's injuries and supported the testimony, so they were allowed. Further, Carrillo argued that the jury was not given the correct instructions regarding post-imprisonment supervision. The court indicated that the instructions given were generally proper since the jury couldn't recommend a sentence lower than two years, ruling that errors were not affecting the trial's outcome. At sentencing, there was an error in how Carrillo's time served was recorded. However, this was later corrected by the District Attorney’s office, making this issue no longer relevant. Finally, Carrillo claimed that even if individual errors in the trial did not deserve a new trial, the cumulative effect of these errors should. The court disagreed, stating that since there were no errors that warranted reversal, the cumulative error claim also failed. In summary, the court affirmed Carrillo's convictions, indicating that he did not suffer an unfair trial despite the various arguments he raised on appeal. The decision was backed by careful consideration of the law and the facts presented during the trial.

C-2017-1044

Post author:Staff
Post published:November 8, 2018
Post category:C

The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

RE-2017-706

Post author:Staff
Post published:November 8, 2018
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THOMAS LYNN SPANN,** Appellant, **-VS-** **THE STATE OF OKLAHOMA,** Appellee. No. RE-2017-706 **FILED ** IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA NOV 8 2018 JOHN D. HADDEN, CLERK --- **SUMMARY OPINION** **HUDSON, JUDGE:** In the District Court of Stephens County, Case No. CF-2012-436A, Appellant, while represented by counsel, entered a plea of guilty to the offense of Cruelty to Animals. On October 10, 2013, in accordance with a plea agreement, the Honorable Joe H. Enos, District Judge, sentenced Appellant to a $1,000.00 fine and to five (5) years imprisonment, with all but the first one (1) year of that term conditionally suspended under written rules of probation. On October 20, 2016, the State filed a Motion to Revoke Suspended Sentence. The Motion alleged Appellant had violated his probation by: 1. Failing to provide verification of employment; 2. Being in $920.00 in arrears on supervision fees due to the Department of Corrections; 3. Failing to pay restitution of $152.44; 4. Failing to pay $75.00 per month beginning October 2015 towards costs, fines, and fees, resulting in arrears of $675.00. On November 10, 2016, the parties appeared before the Honorable Ken Graham, District Judge, regarding the Motion to Revoke. While represented by counsel, Appellant stipulated to the probation violations contained in that Motion. Further revocation proceedings regarding punishment were postponed for two months, allowing Appellant time to comply with his probation requirements. This period was later expanded twice, eventually leading to a hearing on June 22, 2017. At this June 22nd hearing, Appellant again appeared with counsel. The probation officer provided a Supplemental Report indicating that Appellant remained significantly delinquent in fulfilling payment obligations, although he had paid off the restitution. Additionally, the report noted that Appellant had not verified employment nor demonstrated compliance with job search requirements. There were also reports of unsigned traffic citations and evidence of an altered appointment slip presented by Appellant. After considering testimonies and evidence regarding Appellant's compliance, Judge Graham revoked Appellant's suspended sentence in full. Appellant now appeals that final order of revocation, asserting that the court denied due process and abused its discretion by revoking the remaining suspended sentence based on extra-application allegations. After careful review, we find no error warranting reversal. Appellant had stipulated to the probation violations, providing the State with the necessary grounds to prove the allegations. Consequently, the trial court had the authority to revoke the suspended sentence. Appellant failed to demonstrate significant compliance with probation requirements over an extended period, despite having opportunities to rectify the situation. The revocation order is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2018), MANDATE IS ORDERED ISSUED on the filing of this decision. --- **APPEARANCES AT TRIAL** **R. L. WILLIAMS** P.O. BOX 2095 LAWTON, OKLAHOMA 73502 ATTORNEY FOR DEFENDANT **GREG STEWARD** ASSISTANT DISTRICT ATTORNEY STEPHENS COUNTY COURTHOUSE 101 SOUTH 11TH STREET DUNCAN, OKLAHOMA 73533 ATTORNEY FOR STATE OF OKLA. --- **OPINION BY: HUDSON, J.** **LUMPKIN, P.J.: CONCUR** **LEWIS, V.P.J.: CONCUR** **KUEHN, J.: CONCUR IN RESULTS** **ROWLAND, J.: CONCUR** --- **KUEHN, JUDGE, CONCURRING IN RESULT:** I concur in the result. The trial court did not abuse its discretion in revoking Appellant's suspended sentence in full. Appellant stipulated to the Application to Revoke, making only the issue before the trial court whether to revoke the suspended sentence in part or in full. While Appellant used this opportunity to pay restitution, he failed to comply with the rest of the conditions. The trial court reasonably considered Appellant's interim behavior, given the evidence of continued violations, leading to the conclusion to revoke. The failure to make a determination regarding Appellant’s ability to pay was error, but not dispositive as Appellant had already stipulated to the original allegations. The trial court properly considered the evidence presented in mitigation when deciding the final revocation of the sentence.

C-2017-1311

Post author:Staff
Post published:October 4, 2018
Post category:C

In OCCA case No. C-2017-1311, Heath Justin Wright appealed his conviction for multiple charges, including Second Degree Burglary, Knowingly Concealing Stolen Property, and Unlawful Possession of a Controlled Dangerous Substance. In an unpublished decision, the court decided to grant relief to Wright, allowing him to withdraw his guilty plea and proceed to trial. One judge dissented. Wright entered a negotiated plea without legal counsel and was accepted into the Pontotoc County Drug Court program. His plea agreement stated that if he successfully completed the program, his charges would be dismissed. However, if he failed, he would receive a lengthy prison sentence for each charge. After the State sought to terminate him from the drug court program, Wright tried to withdraw his plea. The court denied his request and sentenced him to the agreed-upon prison terms. Wright claimed his attorney did not assist him properly. He argued that he was not warned about the risks of representing himself in court. The court found that this lack of advice affected his decision to plead guilty. Since it was clear that Wright’s attorney did not address this issue, the court decided he should be allowed to withdraw his plea and face trial for the charges. The ruling concluded that because the initial plea was handled improperly, Wright should get another chance to defend himself in court.

F-2016-626

Post author:Staff
Post published:July 19, 2018
Post category:F

In OCCA case No. F-2016-626, Christopher Shane Lee Fuentez appealed his conviction for Conjoint Robbery and Possession of a Firearm. In an unpublished decision, the court decided to reverse and remand the case with instructions to dismiss the charges. One judge dissented. Summary: Christopher Shane Lee Fuentez was found guilty by a jury of two crimes: Conjoint Robbery and Possession of a Firearm. He was sentenced to 20 years for the robbery and 3 years for the firearm charge, both sentences to run at the same time. The case was appealed because Fuentez argued that he shouldn’t have been tried again after his first trial ended in a mistrial, which he believed happened without good reason. The court agreed with Fuentez, stating that the reasons for declaring a mistrial did not meet the standard of manifest necessity. This meant that the judge who ordered the mistrial didn’t have the right reasons to stop the trial. It was important for Fuentez to have his trial finished by the jury that was already picked, and the court found that the trial judge should have considered other less drastic options before calling for a mistrial. Therefore, the court reversed Fuentez's convictions and instructed to dismiss the charges because he had already been tried once. The decision also meant that the other reasons he gave for appeal didn’t need to be looked at anymore. One judge disagreed with the majority opinion, believing that the mistrial was warranted because of Fuentez's actions in trying to influence witnesses.

J-2018-402

Post author:Staff
Post published:July 12, 2018
Post category:J

In OCCA case No. J-2018-402, M. T. G. appealed his conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse the order that sentenced him as an adult and remanded the case back to the District Court. One judge dissented. M. T. G. was charged as a juvenile for Trafficking illegal drugs when he was 17 years and 9 months old. The State, however, filed a motion to treat him as an adult. The court found that M. T. G. should have been charged as a youthful offender instead of a juvenile, which was the basis for the reversal.

S-2015-771

Post author:Staff
Post published:May 8, 2018
Post category:S

In OCCA case No. S-2015-771, the defendant appealed his conviction for Possession of Marijuana with Intent to Distribute. In an unpublished decision, the court decided to affirm the lower courts' rulings. One judge dissented. Carl Edward Prince, also known as Carl Edward Harper, was arrested for having marijuana and other related charges. He was charged with three main offenses regarding drug possession and use of a police radio. During the early stages of the trial, a magistrate judge decided there wasn't enough evidence for one of the charges, which was about maintaining a place used for selling drugs. The prosecution believed that this decision was wrong and appealed it. The appeal against the magistrate's decision went to another judge who agreed with the first judge, stating that the evidence given by the prosecution was not strong enough to prove that Prince had maintained a location where marijuana was kept with the intent to distribute it. Because of this, they could not prove that there was a pattern or habit of drug use or sales at the location. The case was taken to the Oklahoma Court of Criminal Appeals. The main issues raised by the prosecution were about whether the requirement for a pattern of activity (habitualness) should be considered a fact that needed to be proven and whether there was enough evidence to bring the case to a jury. The Appeals Court decided that the past decisions regarding drug cases required proof of more than just a single event of drug possession. They reasoned that a location must show a pattern of illegal drug activity or use before a person can be convicted under this law. The court looked carefully at what evidence was presented while considering the arguments from both sides. They concluded that there were no clear mistakes made by the lower courts. The evidence didn’t meet the standard needed to prove that Prince’s home was used primarily for drug activity. They upheld the decisions of the lower courts, which means that Prince was not found guilty of that charge. One judge disagreed with this final decision, feeling that the lower courts made a mistake in throwing out the charge about maintaining a place for drugs. This dissenting opinion argued that the law should allow for flexibility and not just rely on showing repeated actions or habits to prove the case. The dissenting judge expressed that the current interpretation of the law was too strict and made it difficult to prosecute based on the evidence presented. In summary, the Appeal Court confirmed that there wasn’t enough evidence to charge Prince with maintaining a place for drug distribution, leading to the upholding of his preliminary ruling.