Court of Criminal Appeals

M-2017-739

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In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

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S-2016-1126

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In OCCA case No. S-2016-1126, David James Miller appealed his conviction for Assault and Battery With a Deadly Weapon. In an unpublished decision, the court decided to dismiss the appeal. No one dissented. In this case, the State charged the defendant with a serious crime after an incident where he allegedly shot someone. The defendant argued that he acted in self-defense. He wanted the court to believe that he should not be punished for what he did because he was protecting himself. During a hearing, the defendant provided his explanation, while the State presented evidence to counter his claims. The court listened to both sides and eventually agreed with the defendant, deciding that he was immune from prosecution based on self-defense laws. This ruling meant that the case against him could not continue. The State did not agree with the court's decision and decided to appeal. They believed that the judge did not consider their evidence properly and that the ruling was unfair. However, when the appeal was reviewed, the court found that the State did not show clear legal reasons for their complaint. The judges noted that the lower court had allowed the State to present their evidence and arguments. In the end, the court concluded that this was not a matter they could reconsider as it had to do with factual evidence rather than legal issues. Because of this, the court dismissed the State's appeal.

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RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and Robbery By Force of Fear. In a published decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to modify its revocation orders to ensure that the sentences are served concurrently. One judge dissented. Clemons had pleaded guilty to several charges and was given suspended sentences with specific rules to follow. However, he later failed to report to his probation officer and changed his address without notifying them, which led the State to apply for the revocation of his suspended sentences. During the revocation hearing, the judge revoked Clemons' suspended sentences. Clemons appealed the revocation, arguing that he did not receive proper notice of the allegations against him, the State did not provide enough evidence for revocation, and that he was sentenced incorrectly for his misdemeanor charge. The court found that the State did indeed provide enough evidence to revoke the sentences and noted that some charges had already been corrected in an amended ruling regarding the length of his sentence for the misdemeanor. Moreover, the court determined that the revocation orders did not align with the original sentence where counts were meant to be served concurrently. Therefore, they directed the District Court to correct this mistake. In conclusion, while the revocation of Clemons' suspended sentences was largely upheld, the court required modifications to ensure that his sentences would run concurrently as originally intended. This led to a decision that balanced the need for imposed penalties with the requirement for proper procedure.

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F-2016-902

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The Court of Criminal Appeals of the State of Oklahoma reviewed the case of K.G.O., charged as an adult with Murder in the First Degree, who sought to be certified as a Youthful Offender. The trial court granted this certification, which the State appealed, arguing that the decision was erroneous due to insufficient evidence supporting K.G.O.'s claim for Youthful Offender status. The appeal highlighted that, at the time of the alleged offense, K.G.O. was presumed to be an adult based on Oklahoma law, which allows for certification as a Youthful Offender but places the burden of proof on the accused to overcome this presumption. The court evaluated several guidelines specified in Oklahoma statute regarding certification, giving the most weight to the first three, which focus on the nature of the offense and the offender's history. After a thorough review, the appellate court concluded that the trial judge had abused her discretion by not adhering appropriately to these guidelines. They found a lack of evidence suggesting that K.G.O. met the necessary criteria to warrant status as a Youthful Offender and that the judge's decision did not support the conclusion reached. Therefore, the appellate court reversed the trial court's order and directed that the case proceed with K.G.O. being treated as an adult. A dissenting opinion from Judge Lewis expressed a belief that the trial court's certification should be upheld, indicating a difference in interpretation of the evidence and the application of the guidelines. Overall, the decision illustrates the court's stringent standards for certifying youthful offenders, emphasizing the necessity of a robust evidentiary basis to override the presumption of adult status in serious criminal cases.

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C-2017-271

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JUSTON DEAN COX,** *Petitioner,* **v.** **STATE OF OKLAHOMA,** *Respondent.* **FILED** *DEC 14 2017* **SUMMARY OPINION GRANTING CERTIORARI IN PART AND REMANDING THE CASE TO THE DISTRICT COURT FOR APPOINTMENT OF COUNSEL** **LUMPKIN, PRESIDING JUDGE:** Petitioner Juston Dean Cox was charged in the District Court of McIntosh County on August 23, 2005, with Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies (Case No. CF-2005-152A). An Amended Information filed on November 28, 2005, added ten additional counts of Knowingly Concealing Stolen Property. Petitioner was bound over for trial on five counts after the Preliminary Hearing on November 30, 2005, and trial was set for April 17, 2006. Subsequently, charges were filed against Petitioner for Escape from a County Jail and Destruction of a Public Building (Case No. CF-2005-172A) on September 19, 2005, followed by additional charges for Escape from a Penal Institution on January 5, 2006 (Case No. CF-2006-04) and January 26, 2006 (Case No. CF-2006-14). On January 26, 2006, Petitioner entered into negotiated guilty pleas for all four cases, resulting in concurrent sentences of thirty years. On February 6, 2006, Petitioner filed a request to withdraw his plea. A hearing was held on March 23, 2006, where the trial court denied his request. Petitioner filed Applications for Post-Conviction Relief on August 13, 2014, and June 9, 2016, leading to a hearing on December 1, 2016, where the trial court recommended allowing Petitioner an appeal out of time. This Court granted that request on January 6, 2017, and appointed counsel to represent the Petitioner. At the March 9, 2017, hearing to discuss the motion to withdraw, it was established that counsel had not prepared a formal motion for withdrawal. Petitioner was not actively represented during this critical hearing, as his plea counsel took no part in the proceedings despite being present. The court did not adequately address the lack of representation or question Petitioner regarding his rights to counsel. A criminal defendant is entitled to effective assistance of counsel at a motion to withdraw hearing (Carey v. State, 1995 OK CR 55). The court's failure to appoint conflict-free counsel and its allowance for Petitioner to proceed without adequate representation constituted a violation of his constitutional rights. Given that Petitioner raised claims regarding the voluntariness of his plea, the harmless error doctrine does not apply. Accordingly, we find marginal grounds to question the diligence of prior representations and affirm that this situation merits careful reconsideration. **DECISION** Certiorari is granted in part. The order of the district court denying Petitioner's motion to withdraw his guilty plea is *REVERSED* and the case is remanded to the District Court for *APPOINTMENT OF COUNSEL* to evaluate whether to further pursue the withdrawal of the guilty pleas. *MANDATE to be issued upon delivery and filing of this decision.* **APPEARANCES IN DISTRICT COURT** **COUNSEL FOR PETITIONER:** Ariel Parry **COUNSEL FOR THE STATE:** Thomas C. Giulioni, Mike Hunter (Attorney General), O.R. Barris III, Gregory Stidham (Assistant District Attorneys), Jay Schniederjan (Assistant Attorney General) *OPINION BY: LUMPKIN, P.J. LEWIS, V.P.J.: Concur in Results HUDSON, J.: Concur KUEHN, J.: Concur ROWLAND, J.: Concur* [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-271_1733992184.pdf)

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C-2016-877

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In OCCA case No. C-2016-877, Charles David Miller appealed his conviction for multiple charges including stalking and possession of a firearm during a felony. In an unpublished decision, the court decided to grant Miller’s petition in part. The court affirmed the judgments and sentences for some counts but reversed the sentence for Count 1 and dismissed Count 4 due to double punishment concerns. One judge dissented. The case began when Miller, facing serious charges, entered a guilty plea in December 2014, agreeing to certain terms. He was originally given deferred sentences, meaning he would not serve time in prison if he followed the terms of his probation. However, after a hearing in 2015, the court ruled to impose a harsher sentence because Miller did not comply with the terms, leading to his appeal. Throughout the appeal, Miller argued that his guilty plea should be withdrawn for several reasons. He claimed there was no factual reason for his plea, that he was not made aware of his rights, and expressed concerns about double punishment as well as the effectiveness of his lawyer. The court reviewed the details and concluded that Miller had not shown enough grounds for his claims because some issues were not raised earlier in court, making them not eligible for review. The court particularly focused on whether Miller's plea was voluntary and if he was properly informed. They found that while Miller's plea might have been motivated by a desire to get his car back, he did understand the consequences of his actions. The court upheld the judgment for some counts, but it noted that the sentence for Count 1 was illegal because it exceeded the maximum allowed by law. As a result, they ordered a new sentencing for that count and dismissed Count 4 entirely because of double punishment. In summary, the main points were that Miller wanted to reverse his guilty plea but the court found many of his arguments unsubstantiated. They decided to change his sentence on one charge while dismissing another, affirming the result on several others.

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C-2016-1000

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In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

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F-2016-562

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In OCCA case No. F-2016-562, Kadrian Daniels appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except that the fine imposed on the Possession count was vacated. One judge dissented. Daniels was found guilty by a jury and received a thirty-year sentence for the robbery and an additional eight years and a $10,000 fine for the illegal firearm possession. Daniels raised several concerns on appeal. He argued that the trial court made mistakes that affected his right to a fair trial. First, Daniels objected to a question asked by the prosecutor to a detective about the number of robberies that happened in Tulsa during the past year. He felt that this question could alarm the jury. However, the court decided that the question was allowed because it was relevant to the case and didn’t unfairly sway the jury. Next, Daniels claimed that the prosecutor behaved improperly during the closing arguments, which made his trial unfair. Some of the comments made by the prosecutor were challenged, but the court ruled that those comments were acceptable and did not harm the fairness of the trial. Additionally, Daniels complained about the jury being instructed that a $10,000 fine was mandatory if they convicted him of the firearm charge. Since Daniels’ lawyer did not object to this instruction during the trial, the court reviewed this issue only for plain error. The court found that the instruction was incorrect because the law does not require such a fine. This error was significant enough that the court decided to remove the fine. Moreover, Daniels argued that his attorney did not provide effective help during the trial, especially for not calling out the errors made by the prosecution or the judge. The court considered this but concluded that the issues raised by Daniels were not serious enough to have changed the outcome of the trial. The final decision affirmed the conviction but removed the unnecessary fine, ensuring that the legal process remained fair despite the mistakes noted during the trial.

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S-2016-1142

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In OCCA case No. S-2016-1142, Cody Ray Lord appealed his conviction for Driving a Motor Vehicle Under the Influence of Drugs. In a published decision, the court decided to affirm the trial court's decision to suppress the blood test results. The trial court found that Lord was not capable of giving consent due to the effects of morphine he had received, which hindered his ability to make a decision regarding the blood test. The State had claimed there was no proof that Lord was unconscious and argued that the burden of proof should be on Lord, but the court found that sufficient evidence supported the trial court's conclusions. One judge dissented.

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C-2017-104

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In OCCA case No. C-2017-104, McLaughlin appealed his conviction for burglary and unlawful use of a police scanner. In an unpublished decision, the court decided to affirm the sentences for burglary and unlawful use of a police scanner but reversed the sentence for possession of burglary tools. One judge dissented. McLaughlin had pleaded no contest to charges of burglary in the second degree and unlawful use of a police scanner in a district court. At sentencing, he received life imprisonment for each of those counts, along with a fine for the second count. However, there was an additional charge for possession of burglary tools that had been dismissed earlier, but the court sentenced him for that count as well. McLaughlin wanted to withdraw his no contest plea later, but his request was denied. He filed for an appeal to challenge that denial, which was allowed to proceed. He raised three main arguments: one regarding the court's authority to sentence him for the dismissed charge, another about failing to bring him to trial on time, and the last about the severity of his life sentences being excessive. The court found that it was wrong for the district court to impose a sentence on the dismissed possession charge, and so it directed that judgment to be vacated. However, it ruled that McLaughlin had missed his chance to challenge the timing of his trial. The court also determined that his life sentences were not shockingly excessive, thus they would not be disturbed. In summary, McLaughlin's appeal was granted in part and denied in part: the decision on the burglary and police scanner charges stood, but the judgment on the possession of burglary tools was reversed, and the case was sent back to the lower court for corrections.

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M-2016-108

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In OCCA case No. M-2016-108, Marty Spence Duncan appealed his conviction for Domestic Abuse - Assault and Battery and Assault. In a published decision, the court decided to reverse Duncan's judgment and sentence and remand for a new trial because the record did not show that he had waived his right to a jury trial. One judge dissented.

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F-2016-461

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In OCCA case No. F-2016-461, Roy Dale Doshier appealed his conviction for Rape in the First Degree. In an unpublished decision, the court decided to affirm the conviction but vacated a $250 attorney fee that had been assessed. One judge dissented. Doshier was found guilty after a jury trial and received a 30-year sentence, with the requirement to serve 85% of the term before being eligible for parole. He raised six points of error in his appeal, focusing on issues such as the admissibility of his statements, jury instructions regarding lesser offenses, the attorney fee, and the fairness of the proceedings. The court reviewed each issue. It found no error in admitting Doshier's statements, reasoning that the trial court had not abused its discretion in allowing them into evidence. On the question of jury instructions, the court concluded that the judge had not erred in not including instructions for lesser offenses, as no prejudice had been shown against Doshier. However, the court agreed to vacate the $250 fee for indigent defense because the attorney assigned to him did not actually represent him in court, which meant the fee was not valid. They also determined that Doshier's sentence was not excessive and did not require the jury to be informed about sex offender registration as part of the instructions. In the end, the court affirmed the judgment and sentence while vacating the fee, upholding the conviction due to a lack of legal errors. Overall, there was no indication that Doshier did not receive a fair trial, and the judges were satisfied with the outcome except for the singular point about the attorney fee.

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C-2016-718

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In OCCA case No. C-2016-718, Jones appealed his conviction for robbery with a dangerous weapon and kidnapping. In a published decision, the court decided to vacate the sentence for one count where he was not charged, but affirmed the rest of the convictions. One judge dissented.

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C-2016-813

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In OCCA case No. C-2016-813, Derlin Lara appealed his conviction for multiple charges, including Manslaughter in the First Degree and Driving Under the Influence. In an unpublished decision, the court decided to deny in part and grant in part the appeal. One judge dissented. Derlin Lara was involved in a serious legal situation where he entered an Alford plea. This type of plea means that he did not admit guilt but agreed that there was enough evidence to convict him. His charges included killing someone while driving under the influence, injuring another person while DUI, driving without a license, and transporting alcohol in the car. After he pleaded guilty, he was sentenced by a judge. The judge gave him a long sentence that meant he’d serve a lot of time in prison. Lara later wanted to take back his plea because he felt it wasn’t fair and that he didn't fully understand what he was doing. He argued that he was confused during the process, and that he had received poor advice from his lawyer. The court looked carefully at Lara's case and found several key points: 1. The judges believed that Lara's plea was actually made with understanding, even though he insisted that he did not understand everything. They noted that he had an interpreter during his hearings. 2. The court decided that Lara was not unfairly punished multiple times for the same actions. They explained that each charge had different parts and involved different victims, so they did not violate any laws regarding multiple punishments. 3. Lara’s claims about his lawyer not helping him were also rejected. The court found that Lara did not show that having a different lawyer would have changed his decision to plead guilty. 4. The sentence he received for one of the charges was too harsh according to the law. He was given a year in jail for driving without a license, but that punishment was higher than allowed. The court changed that sentence to a shorter one of just thirty days. Lastly, the court found that the amounts assessed for victim compensation and restitution were not properly explained during sentencing. Therefore, they canceled those amounts and decided that a hearing should be held to determine fair compensation. In summary, while the court denied most of Lara's requests, they did change one of his sentences and agreed that some financial penalties needed to be rethought.

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C-2016-778

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In OCCA case No. C-2016-778, Donald Garra Patterson appealed his conviction for Abuse by Caretaker, Unlawful Removal of a Dead Body, and Obtaining a Controlled Substance by Forgery/Fraud. In an unpublished decision, the court decided to affirm his convictions on most counts but modified the sentence for Unlawful Removal of a Dead Body due to it being greater than allowed by law. One judge dissented. Patterson had entered a plea of guilty to various charges and was sentenced to multiple terms of imprisonment, including ten years for Abuse by Caretaker and seven years for each of the other charges. Afterward, he wanted to withdraw his plea, claiming he did not fully understand what he was pleading guilty to and felt his lawyer had not helped him properly. The main issues raised included whether his plea was made knowingly and if his lawyer had conflicts of interest or failed to give him correct information. The court found that Patterson didn't support his claims about not understanding the plea and concluded his sentence for the crime of Unlawful Removal had to be changed because it was wrongly set longer than the law allowed. The court also confirmed that the mistakes in advising Patterson were not enough to prove he was treated unfairly by his lawyer. Ultimately, the court decided to lower his sentence for Unlawful Removal of a Dead Body to the correct maximum of five years and instructed the lower court to fix some record-keeping errors regarding fees.

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M-2016-268

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In OCCA case No. M-2016-268, the appellant appealed his conviction for threatening to perform an act of violence and resisting an officer. In an unpublished decision, the court decided that the trial court made an error by not properly informing the appellant about the risks of representing himself without a lawyer. The court found that there was not enough evidence to show that the appellant understood what he was doing when he waived his right to a lawyer. The court reversed the trial court's judgment and ordered a new trial. One judge dissented.

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F-2015-720

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In OCCA case No. F-2015-720, Bobby Dewayne Ray appealed his conviction for second degree burglary and impersonating an officer. In a published decision, the court decided to vacate the fine of $1,500.00 but affirmed the judgment and sentence otherwise. One judge dissented regarding the fine. Bobby Dewayne Ray was found guilty by a jury of two crimes: second degree burglary and impersonating an officer. The jury decided that he committed the burglary after he had already been convicted of two or more felonies. Because of this, he was sentenced to fifteen years in prison and fined $1,500 for the burglary, and was given one year in jail and fined $100 for impersonating an officer. Both sentences were to be served at the same time. On appeal, Ray raised two main arguments. First, he said that the way he was identified by the victim in court was unfair and not allowed under the law. He believed that an earlier identification using his photo was done in a way that could cause mistakes. He pointed out that his lawyer didn’t object to this identification during the trial, which meant he could only argue that it was clearly a mistake. The court looked at the situation and decided that even though the police used only one photo of him, the victim had a good view of him during the crime and was sure of her identification. So, they didn’t believe there was a big chance of making a mistake, thus they found no clear error in letting the victim identify him in court. In his second argument, Ray claimed that the instruction given to the jury about the fine was wrong. The judge told the jury that a fine was mandatory when it was actually optional. In a past case, the court recognized that giving such an instruction was a big mistake, but they also decided that in that case the mistake didn’t change the outcome because the jury gave the highest fine possible. In Ray’s case, they agreed that the $1,500 fine might indicate that the jury would have chosen a smaller amount if they had been told that giving a fine was not required. Therefore, they decided to cancel the fine, but they agreed that his conviction should stay. The court stated that their decision would be filed, and the mandate would be issued once the decision was recorded. One judge agreed with the result of the decision but disagreed about canceling the fine. They believed the jury probably intended to fine Ray because the amount was still significant enough, and the error shouldn't mean that the fine had to be thrown out. In summary, the court agreed to remove the fine but kept the convictions, while expressing that the mistake in jury instruction about the fine did not matter too much in the overall decision.

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RE 2016-0784

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In OCCA case No. RE 2016-0784, James Wilbur Allen appealed his conviction for the revocation of his suspended sentences related to six counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented.

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C-2015-856

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In OCCA case No. C-2015-856, Misty Dawn Smith appealed her conviction for Possession of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to deny Smith's petition for a writ of certiorari but modified her post-imprisonment supervision from two years to one year. One judge dissented. Smith was charged with having methamphetamine and entered a guilty plea in December 2012. She was supposed to complete a drug court program which could lead to a lighter sentence. If she did well, her sentence would be a five-year suspended sentence and a fine. If she didn't, she could face ten years in prison and a larger fine. She was taken to a treatment facility and started the drug court program in May 2013. However, in July 2015, the state asked to remove her from this program because she was not following the rules. A judge agreed, and Smith was sentenced to ten years in prison and a fine. Smith wanted to withdraw her guilty plea, arguing that she didn’t understand everything about her plea and the consequences of the drug court program. She also argued that her sentence was too harsh. The court looked at these claims but determined that there was no reason to allow her to change her plea. Her initial plea was considered to be made knowingly and voluntarily. The court found that Smith knew about the difficult nature of the drug court program and that she had many chances to follow the rules. They also stated that she didn’t raise her claim about the excessive sentence in the correct way, and therefore, it could not be considered. The court agreed that the two years of post-imprisonment supervision given to her was incorrect and lowered it to one year, which is what the law allows. The decision was made after reviewing all details and records of the case.

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C-2016-140

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In OCCA case No. C-2016-140, Hiram Frank Mutters appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to grant him a new hearing. One judge dissented. Mutters pleaded no contest to Child Sexual Abuse on December 7, 2015, and was sentenced to fifteen years in prison and a fine. He later wanted to withdraw his plea, so he filed a motion. However, during the hearing for this motion, he was not present because he was taken to another facility. His lawyer thought Mutters would prefer to stay away from jail rather than return for the hearing. This decision meant that Mutters could not explain his reasons for wanting to withdraw his plea. The court found that it is very important for a person to be present during such hearings because their testimony is vital. Since Mutters was not there, the hearing did not meet the required standards for fairness. Thus, the court ruled that the case should go back for a new hearing where Mutters can be present to share his side of the story and explain why he thinks he should withdraw his plea.

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F-2016-55

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In OCCA case No. F-2016-55, James Curtis Cox appealed his conviction for Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to run concurrently instead of consecutively. One judge dissented. Here's a summary of what happened: Cox was tried by a jury and found guilty of two counts of Sexual Abuse of a Child. The judge sentenced him to a long time in prison: twenty-five years for the first count and life imprisonment for the second count, along with fines. He had to serve eighty-five percent of his sentences before he could be considered for parole. Cox appealed because he thought several things went wrong during his trial. First, he complained that his lawyer did not do a good job. He also said the trial court made mistakes by not instructing the jury properly about certain evidence and that they considered witness statements that shouldn’t have been allowed. The court reviewed everything his lawyer did and decided that Cox was not able to show that he had suffered because of his lawyer's performance. They ruled that even if his lawyer didn’t object to some evidence or didn’t ask for certain instructions, it did not ruin his chance for a fair trial. The judges also looked at whether the trial court made mistakes about some evidence being used during the trial. They found that while some evidence shouldn’t have been used, it didn’t change the outcome of the trial. However, when it came to sentencing, the judges found a significant problem. The trial court should not have considered certain statements from victims who were not part of the case. They concluded that the judge was influenced by these statements, which were not allowed, while deciding how long Cox should stay in prison. In the end, the judges decided that Cox’s sentences should be changed to run concurrently, meaning he would serve them at the same time instead of one after the other. The court affirmed the convictions but modified the sentences so Cox would have a slightly lighter sentence to serve compared to what they initially decided. The appeal allowed Cox to get a better outcome in terms of his sentences, even though he still faced serious charges.

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S-2016-169

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In OCCA case No. S-2016-169, Patrick Lee Walker appealed his conviction for distributing a controlled dangerous substance (methamphetamine) within 2,000 feet of a school. In an unpublished decision, the court decided to affirm the trial court's ruling that granted Walker's motion to quash and dismissed the case. One judge dissented. The case began when Walker was charged in Kay County District Court with distributing methamphetamine after a controlled purchase was made by a confidential informant. A deputy had coordinated this controlled buy and testified that the informant bought meth from Walker at a location in Kay County. The informant was searched before the transaction to ensure she had no drugs. After meeting Walker, they drove together to Osage County where the exchange happened. There was a lack of evidence presented about the exact location where the drugs were handed over, which was crucial to prove that the crime occurred within the required distance of a school. During the preliminary hearing, the judge decided that while the distribution started in Kay County, there wasn't enough evidence to show that the drugs were handed over in that county or within 2,000 feet from a school. Because of this, the judge dismissed the case when Walker's defense claimed that the evidence was insufficient. The court discussed whether the trial court had made an error in dismissing the case. The main two arguments from the State's appeal were that the district court wrongly decided it didn't have the required evidence for venue and that it unfairly denied the State's request to amend the Information (the official charge). The court explained that the State must show probable cause that a crime happened and clarify where that crime occurred. They noted that although it was shown that a crime likely happened, it was not in the form correctly charged due to not proving all essential elements of the offense, as required under Oklahoma law. While the trial court's decision to dismiss the case was recognized as legally incorrect, it did not lead to a different outcome because the State did not ask to amend the charge during the hearing. Therefore, even though the lower court may have acted without the right understanding of the law regarding amendments, it did not influence the decision because of the procedural issues involved. The court ultimately upheld the dismissal of the charges against Walker, agreeing with the lower court's conclusion that there was insufficient evidence of the crime occurring within the jurisdiction required by law. The ruling was affirmed, and thus the case remained closed without further proceedings.

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RE-2016-135

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In OCCA case No. RE-2016-135, Michael Brian Harrington appealed his conviction for violating probation. In a published decision, the court decided to deny the State's motion to dismiss the appeal as moot. The State had argued that Harrington's new ten-year sentence for a different crime made his revocation appeal unnecessary. However, the court found that his prior sentences could still affect how long he remains in prison, so the appeal matters.

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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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C-2015-1057

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In OCCA case No. C-2015-1057, Steven Casey Jones appealed his conviction for robbery with a dangerous weapon. In a published decision, the court decided to grant his petition and allowed him to withdraw his guilty plea. One judge dissented. Here’s a simpler breakdown of what happened in this case: Steven Casey Jones was charged with robbery involving a dangerous weapon. He decided to plead guilty to this charge as part of an agreement, thinking he would get a lighter sentence. However, after he pleaded guilty, he felt that he had been given wrong information about the punishment he could face. Jones said that his attorney told him the minimum punishment was twenty years in prison, but he later found out that it was actually less. Because of this wrong information, he felt he had to plead guilty to a fifteen-year sentence, which was still longer than what it should have been. He later tried to take back his guilty plea, but this was denied. So, he appealed the decision in court, wanting to show that his plea was not made with the correct information. The court reviewed the entire case, including what Jones and his attorney had discussed. It turned out that the attorney's mistake about the punishment range was significant. The State also agreed that this error could have influenced Jones's decision. Due to this mistake, the court decided to let Jones withdraw his guilty plea and go back to the start of his case. This meant he would have another chance to present his arguments about the robbery charge without the misunderstanding affecting him. After considering everything, the court decided to grant Jones's petition, which means they agreed with him and wanted to fix the mistake. The case was sent back to the lower court to allow Jones to withdraw his plea.

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