Court of Criminal Appeals

F-2013-305

  • Post author:
  • Post category:F

In OCCA case No. F-2013-305, Lonnie Waylon Craighead appealed his conviction for endeavoring to manufacture methamphetamine. In an unpublished decision, the court decided to affirm Craighead's conviction and sentence. One judge dissented. Craighead was found guilty in a jury trial and sentenced to thirty years in prison with a $50,000 fine. He raised several complaints about his trial, including that the prosecution did not meet its burden of proof, his arrest was not lawful, and his rights were violated during questioning. He also claimed that the evidence against him was not strong enough, and he was not given fair representation by his lawyer. After reviewing the case, the court wrote that they did not see a problem with how the prosecution handled the case. They felt there was enough evidence for the jury to find Craighead guilty. The court believed the police had valid reasons for stopping and questioning him. They stated that Craighead had been informed of his rights before being interviewed and that he agreed to talk. The court also noted that while the prosecutor made a few mistakes, they did not harm Craighead’s right to a fair trial. The details of his previous crimes were shared, but it did not seem to affect the outcome of the trial. The jury also had enough evidence to verify that Craighead had prior felony convictions. Regarding the claim of ineffective help from his lawyer, the court decided that Craighead was not denied a good defense. They found that the sentence he received was not excessive, given the nature of his actions and past crimes. However, the court did find an issue with the jail fees Craighead was assessed after sentencing. These fees were not discussed during the trial, and Craighead was not given a chance to contest them. Therefore, the court sent the case back to the district court to address the jail fee situation. In summary, the court upheld Craighead’s conviction but revised the part about the jail fees, ordering a hearing for that matter.

Continue ReadingF-2013-305

RE-2012-1043

  • Post author:
  • Post category:RE

In OCCA case No. RE-2012-1043, Phillip Wade Barton appealed his conviction for violating probation. In an unpublished decision, the court decided to reverse the revocation of his ten-year suspended sentence. No one dissented. Phillip Wade Barton had originally pled guilty to trying to make a controlled substance and was given a ten-year suspended sentence in 2010. This meant he wouldn't go to prison, but he had to follow certain rules. In May 2011, he got in trouble again for trying to make a controlled substance, which led the state to ask for his probation to be revoked. In October 2012, a hearing took place to see if Barton really broke the rules of his probation. The state presented only one piece of evidence, which was a document showing that Barton had pleaded guilty to the new crime. However, this document did not prove that he violated his probation since the new crime's judgment was not final. The court stated that for the state to revoke a suspended sentence due to a new crime, they either need to show that the new crime's conviction is final or prove each part of the new crime. Since the state did not provide the necessary evidence, the court agreed with Barton and decided to reverse the revocation of his suspended sentence. They sent the case back to the lower court to make sure everything was handled correctly.

Continue ReadingRE-2012-1043

J-2014-108

  • Post author:
  • Post category:J

In OCCA case No. J-2014-108, C.E.B. appealed his conviction for Lewd Molestation and First Degree Rape. In a published decision, the court decided to reverse the lower court's sentencing order. A dissenting opinion was not noted. C.E.B. was charged as a youthful offender when he was only 15 years old for serious offenses involving a younger relative. He initially pleaded guilty to these charges and was sentenced to a rehabilitation program rather than prison. His time in the program was monitored by the Office of Juvenile Affairs, which recommended that he could successfully complete his treatment. The court emphasized that upon successful completion, charges could be dismissed. Despite showing progress and completing his treatment program, the District Court later sentenced C.E.B. to prison as an adult, which contradicted the earlier agreements regarding his rehabilitation. The State had initially indicated that his completion of the program would lead to dismissal, yet pursued a harsher sentence instead. The Appeals Court found that the lower court abused its discretion. C.E.B. had completed his rehabilitation successfully, and there was no extensive evidence to suggest he posed a threat that would require adult sentencing. The State failed to follow the proper procedures for transferring him to adult custody and should not have ignored the earlier agreements about his rehabilitation. Ultimately, the court ordered that C.E.B.'s case be dismissed, his name removed from the sex offender registry, and that his record be expunged. He was to be released from custody right away, confirming the importance of fair legal processes, especially for youthful offenders.

Continue ReadingJ-2014-108

F 2012-1131

  • Post author:
  • Post category:F

In OCCA case No. F 2012-1131, Antonio Herman Cervantes appealed his conviction for sixty-nine counts of child sexual abuse and one count of child physical abuse. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court while ordering the correction of the sentencing documentation. One judge dissented. Cervantes was found guilty of serious crimes against children and received a significant prison sentence of forty years for each count. The court decided that some counts would be served concurrently, while others would be served consecutively. This meant that Cervantes would spend a long time in prison before being eligible for parole. Cervantes raised several issues in his appeal. First, he argued that the jury instructions at his trial were not correct, but the court found that these instructions were adequate since there were no objections made at the trial. Therefore, the court only looked for plain errors and did not find any. Next, Cervantes claimed that many of his convictions should not have happened because they involved double punishment for the same act. However, the court disagreed, stating that the evidence showed these were separate acts that could be considered individual offenses. Cervantes also thought that the trial judge did not treat him fairly. Yet, since there were no objections to any of the judge's comments during the trial, the court reviewed these comments and concluded that they did not show bias against Cervantes. He further claimed that he was denied a speedy trial. The court reviewed the reasons for trial delays, noting that they mostly stemmed from issues with his defense attorneys and were not caused by the state. The court decided that the delays were not a violation of his rights because he did not demonstrate how he was prejudiced by the wait. Cervantes also argued that there were mistakes in how his previous convictions were presented during the trial, but he did not raise objections when the evidence was introduced, so the court did not find any reversible error. Another point he raised was that the written judgment did not match what was said in court regarding his sentence. The court agreed that his sentencing documents needed to be corrected to reflect the proper orders given during the trial. Cervantes also suggested that his lawyer did not provide effective assistance because he failed to complain about certain aspects during the trial. However, the court found that there was no evidence of how this alleged absence of support affected the outcome of his case. He also noted instances of what he thought was misconduct by the prosecution but concluded that overall, he was not denied a fair trial due to these points. The court found that his sentences were appropriate and did not see any major errors that would warrant changing its earlier decisions. Finally, the court ruled that there was no cumulative effect of errors since no individual error was found to be significant enough to affect the fairness of the trial. Thus, the court affirmed the conviction while ordering the necessary corrections in the documentation of the sentence.

Continue ReadingF 2012-1131

F-2013-137

  • Post author:
  • Post category:F

In OCCA case No. F-2013-137, Antonio Catalino Myrie appealed his conviction for burglary in the second degree. In an unpublished decision, the court decided to affirm Myrie's conviction but vacated the $10,000 fine imposed. One judge dissented regarding aspects of the sentencing arguments presented at trial. Antonio Myrie was tried and found guilty by a jury. The jury decided that he would spend thirty-five years in prison and pay a fine for the crime. Myrie appealed this decision, claiming several errors during his trial. He argued that the trial court made mistakes by not allowing him to suppress DNA evidence, not giving him more time to prepare his case, and other issues he thought affected his right to a fair trial. The judges reviewed the claims made by Myrie. They explained that the evidence used in his trial, including the DNA, was evaluated carefully. The judges believed that the trial court's decision to admit the DNA evidence was not a mistake. They also felt that Myrie did not show that he would have won his case even if the DNA had been tested differently. Myrie's other claims included that the court made mistakes in admitting hearsay evidence, which means statements made outside of court that shouldn't be used as evidence in court. The judges found that there was no strong reason to believe this would change the outcome of the trial, so they denied this claim as well. One important point was about how the jury was instructed on the consequences of a conviction. Myrie’s lawyers did not object to the jury instructions, and the judges concluded that one instruction wrongly made it sound like the fine was mandatory. They decided to remove the fine based on this mistake. Myrie also argued about misconduct during the trial, specifically that the prosecutor mentioned too many of his previous convictions, which he believed made the jury biased against him. However, the judges thought that while there were errors in how the prosecutor presented this information, it did not affect the fairness of the trial enough to change the outcome. In the end, the judges agreed that Myrie's punishment was justified given his past actions, and they decided to keep the thirty-five-year prison sentence while removing the fine due to a mistake about the jury instruction. One judge disagreed with parts of the decision, particularly about how the prosecutor argued about Myrie's past, stating it should have a different impact on the sentence. Overall, the court upheld the conviction and modified the fine.

Continue ReadingF-2013-137

S-2013-687

  • Post author:
  • Post category:S

In OCCA case No. S-2013-687, the appellant appealed his conviction for DUI manslaughter. In a published decision, the court decided to affirm the lower court's ruling, stating that the evidence was not sufficient to prove that the appellant's actions were the direct cause of the victim's death. Two justices dissented from the decision. The case involved an incident that took place on October 11, 2012, when the appellee was charged with first-degree manslaughter. This charge stemmed from the accidental death of his wife, Linda Vaughan, while he was driving under the influence of alcohol. During the preliminary hearing, it was revealed that Vaughan was intoxicated, with a blood alcohol level of .14, and that his wife had exited the truck he was driving. She was killed when he accidentally ran over her. Vaughan argued that the state's evidence failed to show that his driving while intoxicated was the direct cause of Linda's death. Testimony from a highway patrolman indicated that while Vaughan may have been more aware of his surroundings if he were sober, Linda's death would have occurred regardless of his intoxication. The court examined whether the state had presented enough evidence to prove that the appellee's actions directly caused the victim's death. They found that the evidence showed Linda made the choice to leave the vehicle and that her death was caused by her own actions, not by the appellee's impaired driving. Because there was insufficient evidence to support the charge of DUI manslaughter, the court upheld the decision of the lower court, which had granted Vaughan's demurrer, meaning they did not find probable cause to believe a crime had been committed. In the end, the court affirmed the district court’s decision, concluding that the evidence was not strong enough to support the charge against Vaughan. The decision did not minimize the tragedy of the accident but emphasized the importance of concrete evidence in such cases.

Continue ReadingS-2013-687

RE 2013-0511

  • Post author:
  • Post category:RE

In OCCA case No. RE 2013-0511, Carrie Denise Stumpff appealed her conviction for revocation of her suspended sentence. In a published decision, the court decided that the trial court failed to ensure that Stumpff knowingly waived her right to an attorney, which required them to reverse the decision and send the case back to the District Court for further actions. One member of the court dissented.

Continue ReadingRE 2013-0511

RE-2012-1076

  • Post author:
  • Post category:RE

In OCCA case No. RE-2012-1076, Stacy Gene Bellis appealed his conviction for Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. Stacy Gene Bellis had originally pled guilty to Assault and Battery with a Dangerous Weapon and was sentenced to twelve years, with part of the sentence being suspended if he completed a drug treatment program. However, the State then accused Bellis of breaking the rules of his suspended sentence by committing new crimes. A hearing was held to decide the State's accusations. The judge reviewed evidence from a separate trial Bellis had regarding new charges against him. The judge used this evidence to justify revoking Bellis's suspended sentence. Bellis appealed this decision, arguing that it was wrong for the judge to use evidence from his other trial without his agreement. The court agreed with Bellis, stating that it was not proper to take evidence from one case and use it in another without the defendant's permission. As a result, the court reversed the decision to revoke Bellis's suspended sentence and instructed for a new hearing to take place, where proper evidence should be presented. No other actions were ordered, and the judges involved agreed to this outcome, except for one who had a different opinion.

Continue ReadingRE-2012-1076

RE 2013-0523

  • Post author:
  • Post category:RE

In OCCA case No. RE 2013-0523, Michelle Renea Runco appealed her conviction for Neglect by Caretaker. In a published decision, the court decided to reverse the revocation of her suspended sentence and send the case back for a new hearing with legal representation. One judge dissented.

Continue ReadingRE 2013-0523

S-2013-315

  • Post author:
  • Post category:S

In OCCA case No. S-2013-315, David Johns appealed his conviction for larceny. In a published decision, the court decided that a trial court cannot modify the terms and conditions of a negotiated deferred judgment without the consent of the State. The case involved Johns, who had entered a guilty plea and was placed on deferred judgment for five years. He filed a motion to change the terms of his deferred judgment, and the trial court agreed to shorten it and dismiss the case, which the State appealed. The court explained that under current laws, the trial court does not have the authority to shorten the deferment period once a plea agreement is in place. This ruling was made to prevent issues that could discourage prosecutors from agreeing to deferred judgments in the future. The court emphasized that any changes to the terms of a deferred judgment must follow statutory guidelines, and the trial court may only act when the conditions are met at the end of the deferment period. It upheld the idea that modifying an agreement without proper authority is not allowed. Therefore, the original decision to cut Johns' probation short was not supported by the law. The court's answer to the reserved question of law confirmed that the trial court was not authorized to cut short the period of deferment after the terms of the plea agreement had been established. #n dissented.

Continue ReadingS-2013-315

C-2012-1165

  • Post author:
  • Post category:C

In OCCA case No. C-2012-1165, the petitioner appealed his conviction for Child Abuse or, in the alternative, Enabling Child Abuse. In an unpublished decision, the court decided to remand the case for an evidentiary hearing with conflict-free counsel. One judge dissented. Gabriel Brian Solis entered a type of guilty plea called an Alford plea, where he did not admit guilt but accepted a sentence possibility. He was sentenced to 80 years in prison and a $100 fine. Solis later wanted to take back his plea and filed a request to withdraw it, but this request was denied after two hearings where no real evidence was presented. The court noted that Solis did not get a fair chance to prove why he wanted to withdraw his plea, as he did not have a proper evidentiary hearing where witnesses could provide testimony or be questioned. It was also noted that during the hearing, Solis's attorney might have had a conflict of interest, which meant he could not represent Solis effectively. The court found that the trial judge did not allow enough evidence or witness testimonies at the hearings. Because of these issues, the case was sent back to the lower court so that Solis could have a proper evidentiary hearing with a new, conflict-free attorney. The remaining claims in Solis's appeal were no longer considered necessary since the hearing was to be redone.

Continue ReadingC-2012-1165

F-2012-170

  • Post author:
  • Post category:F

In OCCA case No. F-2012-170, Darnell Lamar Wright appealed his conviction for Robbery with a Firearm, False Personation, and Assault while Masked. In an unpublished decision, the court decided to affirm the convictions for Robbery with a Firearm and False Personation but reversed the conviction for Assault while Masked. One judge dissented. The case began when Wright was tried by a jury and found guilty on multiple counts. The jury recommended a life sentence for the robbery charge, four years for false personation, and twenty years for assault while masked. The judge sentenced him accordingly, ordering the sentences to run one after another. Wright raised several issues in his appeal. He argued that the trial court made errors that affected the fairness of his trial. One main concern was about how the court answered a jury question regarding parole eligibility for some of the charges. Wright claimed that the response was confusing and led to misunderstandings about how long he might serve. He also contended that there wasn't enough proof for the false personation charge, and he believed the law about that charge was unclear and unfair. Additionally, he argued that being convicted of both robbery with a firearm and assault while masked for the same act was not right, claiming it violated the principle against double jeopardy. Wright thought that evidence shown during the trial, which wasn’t directly related to him or the robbery, shouldn't have been allowed. He felt that this hurt his right to a fair trial. Lastly, he claimed that many small errors during the trial added up to deny him a fair chance. After reviewing Wright's arguments and the entire case, the court found that there was a valid point in Wright's argument about the assault charge. The court agreed that the attack with a weapon and the robbery were part of the same event and therefore should not both result in separate punishments. However, they found no substantial errors with the other appeals he raised. The judges stated that the original instructions the jury received were clear and that any confusion they had didn’t change the outcome of the trial. They also determined that the law concerning false personation was not vague and that the evidence against Wright was sufficient for the charges. Thus, while the court upheld the convictions for robbery and false personation, they overturned Wright’s conviction for assault while masked, instructing the lower court to dismiss that charge. The decision meant that Wright would have to serve time for the robbery and false personation but not for the assault.

Continue ReadingF-2012-170

F-2012-236

  • Post author:
  • Post category:F

In OCCA case No. F-2012-236, #Jonathan Bear Robe Nahwooksy appealed his conviction for #First Degree Rape and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided #to affirm the conviction but modified the sentence. Nahwooksy was originally sentenced to thirty years imprisonment for First Degree Rape and five years for Second Degree Rape by Instrumentation; however, the court changed the thirty-year sentence to twenty years and ordered both sentences to be served at the same time instead of one after the other. During the trial, Nahwooksy was found guilty of raping his second cousin, K.M., who was fourteen at the time. The case revolved around whether the sexual encounter was forced or consensual. The prosecutor's conduct throughout the case led to concerns about the fairness of the trial. Specifically, the prosecutor made inappropriate comments during the trial that seemed to create sympathy for K.M. and portrayed herself and the investigating officer as champions of justice. The court examined the prosecutor's behavior and found that it went beyond acceptable limits, especially when she made personal comments and depicted herself as fighting for victims. While there was enough evidence for the jury to find Nahwooksy guilty, the court believed that the prosecutor's misconduct during closing arguments likely affected the jury's decision on sentencing. In conclusion, while the conviction was upheld, the court decided to reduce Nahwooksy's sentence to ensure fairness in light of the errors made during the trial. #None dissented.

Continue ReadingF-2012-236

S-2013-415

  • Post author:
  • Post category:S

In OCCA case No. S-2013-413 & 415, Mark Anthony Herfurth appealed his conviction for Failure to Register as a Sex Offender and Sex Offender Living within 2000 feet of a School. In an unpublished decision, the court decided to affirm the lower court's ruling to dismiss the charges against him. One judge dissented. Mark Anthony Herfurth was taken to court because he was accused of not registering as a sex offender and for living too close to a school after he had been convicted of a crime related to indecent exposure. In his earlier conviction, he had agreed to register as a sex offender for a certain number of years. However, when laws changed in 2007, it meant that people in his situation could be assigned a risk level and have to register for longer. Herfurth argued that he shouldn't be held to the new law because he had already completed his requirements from his original plea. The judge agreed with him and dismissed the charges, saying that the laws could not be applied to him retroactively. The State of Oklahoma did not agree with this decision. They believed that the new law should apply to Herfurth since he was still required to register as a sex offender. They argued that laws are meant to protect the public, and because he was registering at the time of the new law's change, he should follow the new rules. However, upon review, the court decided that the lower court did not make a mistake. They concluded that the 2007 law was a significant change and should only apply going forward, not backward. The court also stated that applying the 2007 law to Herfurth after his original plea would have changed his obligations unfairly. Therefore, the appeals court agreed with the lower court's decision to dismiss the charges against Herfurth, stating that they have a duty to interpret laws as they were intended at the time of the original guilty plea. The dissenting judge felt differently, believing that the law should have applied to Herfurth based on the new requirements.

Continue ReadingS-2013-415

F 2012-639

  • Post author:
  • Post category:F

In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

Continue ReadingF 2012-639

S-2012-1012

  • Post author:
  • Post category:S

In OCCA case No. S-2012-1012, Barry Lee Brown appealed his conviction for a traffic offense. In an unpublished decision, the court decided to affirm the trial court's ruling to suppress evidence and dismiss the prosecution. One judge dissented. The case began when a police officer claimed to have seen a traffic violation, which led to a stop of Barry Lee Brown's vehicle. After stopping him, the officer suspected that Brown might be under the influence of drugs or alcohol. A second officer was called to the scene to perform sobriety tests. Before the trial, Barry Lee Brown argued that the stop was not legal and asked the court to throw out any evidence from the stop. During the hearing, the officer who stopped Brown had trouble remembering exactly what happened. He referred to a report written by the second officer, but that officer had not witnessed the stop himself. Initially, the trial court thought there was enough evidence to say the stop was legal, but later changed its mind. The court reviewed different points raised by the state about why the trial court’s decision should be changed. The state argued that the trial court made mistakes in its decision to suppress the evidence. However, the Appeals Court looked carefully at the facts and decided that the trial court had a good reason to change its decision. They noted that the officer who stopped Brown did not have a clear memory and his testimony was mainly based on what was written in another officer's report. The Appeals Court stated it respects the findings of the trial court unless they are clearly wrong or not supported by the evidence. After reviewing everything, they agreed with the trial court's ruling because it was based on the officer's inability to reliably remember the details of the stop. The Appeals Court also addressed the state’s claim that the trial court should not have been allowed to change its previous ruling. They found that the state did not provide enough legal backing for this claim, so they didn't consider it further. Finally, the court looked at whether the first officer could accurately use the report to refresh his memory about the stop. They concluded that just because he accepted the report as true did not mean it helped him remember the stop accurately. In the end, the court affirmed the decision to suppress the evidence that led to the conviction and agreed to dismiss the case.

Continue ReadingS-2012-1012

RE-2012-590

  • Post author:
  • Post category:RE

In OCCA case No. RE-2012-590, Todd Aaron Henderson appealed his conviction for Driving Under the Influence of Alcohol. In a published decision, the court decided to reverse and remand the case back to the District Court of Tulsa County with instructions to vacate the order revoking Henderson's suspended sentence and dismiss the State's application to revoke. No judge dissented. Henderson had first entered a guilty plea for Driving Under the Influence in 2009, and his sentence was put on hold while he completed a drug court program. After successfully finishing the program in January 2011, his charge was changed to a misdemeanor, and he was given a one-year suspended sentence. However, in January 2012, he was stopped by police and faced new charges, including a second DUI. Following these new charges, the State requested to revoke his suspended sentence. In June 2012, the court revoked Henderson's suspended sentence based on the new charges. On appeal, Henderson argued that the court did not have the authority to revoke his sentence because the State filed the application for revocation one day after his sentence had completed. The State agreed with Henderson, stating that the trial court lacked jurisdiction to revoke the sentence since the request was submitted after the completion of the suspended sentence. The court ruled in favor of Henderson, reversing the revocation, and ordered the case to be remanded with instructions to dismiss the State's application to revoke his sentence.

Continue ReadingRE-2012-590

F-2012-916

  • Post author:
  • Post category:F

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

Continue ReadingF-2012-916

S-2012-834

  • Post author:
  • Post category:S

In OCCA case No. S-2012-834, the State of Oklahoma appealed an order that granted a motion to dismiss several charges against Jeffrey Porras. In a published decision, the court decided to affirm the district court's ruling. One judge dissented. The case involved charges against Porras, who is a physician. He was accused of committing sexual battery and rape against multiple victims while they were receiving medical treatment. The accusations included five counts of sexual battery and one count of second-degree rape, with the incidents alleged to have occurred in different counties over a period of time from 2005 to 2007. The trial court dismissed some of the counts because it felt that the incidents were not part of a single plan or scheme. The law allows for multiple charges to be tried together if they are connected in a way that shows they are part of the same pattern of criminal behavior. However, the court decided that the alleged crimes in Oklahoma County and Cleveland County were separate and did not meet the criteria for joining them in one trial. In making this decision, the court looked at how the offenses occurred over a span of two years and did not significantly overlap in timing or in the way they were committed. This means that the crimes did not depend on each other and were not part of a continuous plan that would justify being tried together. The appellate court agreed with the trial judge's reasoning, stating that there was no clear error in the decision to dismiss those charges. The ruling reaffirmed that the charges from different counties could be handled separately without causing injustice to anyone. The dissenting judge, however, believed that the charges should not have been dismissed since they had common elements and were related to his actions as a doctor. The dissent argued that since all victims were patients and the incidents happened in similar situations, it was appropriate to consider them as part of a greater plan to commit these crimes. In conclusion, the appellate court upheld the trial court’s decision to dismiss certain charges against Porras, maintaining that the evidence did not sufficiently show a connection that warranted a single trial for all the charges.

Continue ReadingS-2012-834

F-2011-693

  • Post author:
  • Post category:F

In OCCA case No. F-2011-693, Michael Wayne Dorsey appealed his conviction for Manslaughter in the First Degree and Shooting with Intent to Kill. In a published decision, the court decided to affirm Dorsey's conviction and his sentences but vacated the $5,000 victim compensation assessment set by the trial court. One member of the court dissented. Dorsey was found guilty by a jury of manslaughter and shooting with intent to kill. The jury decided on a punishment of thirty years for manslaughter and five years for the shooting charge, which would be served one after the other. Dorsey argued that he should have been allowed to use self-defense as a reason for both charges, but the court found that the instructions given to the jury were correct. Dorsey also claimed that the trial judge made an error with jury instructions regarding self-defense and intoxication, but the court disagreed. He further asserted that his lawyer was not effective because there was no objection raised to those jury instructions, but the court ruled that there was nothing wrong with the instructions in the first place. Lastly, Dorsey objected to the judge imposing the victim compensation amount without considering several important factors. The court agreed that the judge did not properly assess the situation and sent the case back to the trial court for a new decision on the compensation amount. Thus, the main outcome was that while Dorsey's conviction was upheld, the court required a reconsideration of the victim compensation assessment based on certain statutory factors outlined in the law.

Continue ReadingF-2011-693

F-2012-08

  • Post author:
  • Post category:F

In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

Continue ReadingF-2012-08

C-2012-664

  • Post author:
  • Post category:C

In OCCA case No. C-2012-664, Juan Gabriel Choxmis appealed his conviction for First Degree Rape. In a published decision, the court decided to grant Choxmis's petition for a writ of certiorari, meaning they agreed to look at his case again because he did not receive fair representation at his hearing to withdraw his guilty plea. The court found he should have had a lawyer who did not have a conflict of interest. One judge dissented.

Continue ReadingC-2012-664

S-2012-553

  • Post author:
  • Post category:S

In OCCA case No. S-2012-553, Armstrong appealed his conviction for unlawful drug possession and distribution. In a published decision, the court decided to affirm the ruling that evidence obtained during a search of a vehicle occupied by Armstrong and Johnson should be suppressed. Johnson dissented. The case started when police met with an informant who said they could buy methamphetamine from Armstrong. The police observed a controlled purchase of drugs and later obtained a search warrant for Armstrong's home. They executed this search warrant a few days later and found Armstrong and Johnson in a car outside his residence, where they discovered several drug-related items. Both Armstrong and Johnson hired the same lawyer and filed motions to suppress the evidence from the car search. The district court agreed with their argument that the police had not executed the search warrant immediately, as the warrant required. Because of this, the court decided the search was not valid. The appeals court looked into whether the district court had made a mistake. They decided that the court did not abuse its discretion and confirmed the lower court's decision to suppress the evidence. This means that the evidence collected during the search could not be used against them in court. The court emphasized that the terms of the warrant were not followed as required. The ruling highlighted the importance of following legal procedures when executing search warrants. In summary, Armstrong's appeal was not successful, and the ruling to suppress the evidence was upheld.

Continue ReadingS-2012-553

RE-2011-606

  • Post author:
  • Post category:RE

In OCCA case No. RE-2011-606, Douglas Raymond Norwood appealed his conviction for unlawful possession of a controlled drug (cocaine) with intent to distribute. In an unpublished decision, the court decided to affirm the order revoking Norwood's suspended sentences but vacated the portion of the order that unlawfully lengthened his sentences. One judge dissented. Here's a simple summary of what happened in the case: Norwood was given a six-year sentence for possessing cocaine, but this was suspended, meaning he didn’t have to go to jail right away if he followed certain rules. Later, he had problems following those rules, which led to more charges against him for drug possession. He confessed to these new charges and took a plea deal, which resulted in longer sentences. After some time, a judge reviewed his case and decided to reduce his sentences but required him to go to a program called Avalon after he got out of jail. Norwood didn’t manage to get into Avalon because he couldn't pay the admission fees, which led the judge to completely revoke his suspended sentences. Norwood argued in court that the judge shouldn’t have done that because he had followed some of the rules, and he claimed he didn't intend to break those rules. However, the court found that he didn’t follow the requirement to report to Avalon properly. In the final decision, the court agreed with Norwood about a mistake in how his sentence was handled, stating that the judge had taken away more time than he should have. But overall, the court decided that Norwood had violated his probation, so he had to serve his time in jail as determined by the judge.

Continue ReadingRE-2011-606

RE-2011-710

  • Post author:
  • Post category:RE

In OCCA case No. RE-2011-710, Jermaine Richard Newton appealed his conviction for two counts of Assault with a Dangerous Weapon. In an unpublished decision, the court decided to modify the revocation order of his suspended sentences to time served. One judge dissented. Newton had originally pleaded guilty to the charges and was given a ten-year suspended sentence, which meant he would not go to prison right away as long as he followed certain rules. One of the rules was that he could not break any laws. Later, he was accused of violating a protective order that had been put in place to keep him away from a specific person. The court examined whether there was enough evidence to show that Newton had broken the order. They found that there was enough proof that he had violated the order by being near the person it was intended to protect. The court also looked at whether the decision to revoke his suspended sentences was fair or too harsh. The judges noted that he was young and hadn't been in trouble before this violation. They concluded that sending him to prison for the full ten years was not necessary since he hadn't done anything very dangerous lately. In the end, the court decided he should not serve the full ten years but should instead be given a second chance, and they ordered that he should be returned to probation. The judges who agreed with this decision believed it was a fair outcome. However, one judge disagreed and felt that the original decision to revoke his suspended sentences should stand.

Continue ReadingRE-2011-710