Criminal Appeals

RE 2002-0387

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In OCCA case No. RE 2002-0387, a person appealed his conviction for robbery with a dangerous weapon. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when the appellant pled guilty to robbery with a dangerous weapon on October 5, 2000, and received a six-year suspended sentence along with a $1,500 fine. He was also given rules to follow while on probation. A little over a year later, on January 1, 2002, the state filed a petition to revoke the appellant's suspended sentence. This meant they wanted to take away his suspended sentence because they believed he broke the rules. The hearing took place on February 27, 2002. The judge found that the appellant had violated some conditions of his probation, which led to three years being taken away from his suspended sentence. The appellant was only fifteen when he committed the crime and was still just seventeen at the time of the hearing. During the appeal, the appellant argued that the evidence the state provided was not good enough to prove he violated his probation. He also said that taking away three years of his suspended sentence was too harsh, especially since there were reasons that might lessen his punishment. The case included the fact that the appellant had not finished high school, and he had a lot of rules to follow without any support or treatment. One specific rule was that he could not hang out with people who had criminal records. The state claimed that he broke this rule by being around a certain person who had a felony conviction. However, during a trial, the appellant explained that being in a large group did not mean he was talking to or hanging out with that person. The state argued that they had enough evidence since the transcripts from another trial included the appellant's testimony. However, these transcripts were not available for the court to review in this case. In the end, the court agreed with the appellant that the evidence was not strong enough to prove he had violated the probation rules. Because of this lack of evidence, the court reversed the decision made to revoke the suspended sentence and ordered it to be dismissed.

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F 2002-175

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In OCCA case No. F 2002-175, James Dale Vaughn appealed his conviction for Trafficking Methamphetamine. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for one of the counts. One judge dissented. Vaughn was found guilty of several charges after a police search of his home revealed drugs and a firearm. The police had a search warrant based on information from a confidential informant who claimed Vaughn was selling methamphetamine. During the search, officers discovered methamphetamine in various amounts, drug paraphernalia, and a firearm. Vaughn argued that the search warrant was improperly issued because it relied on hearsay from the informant that was not verified. The court found that there was enough information to justify the warrant and allowed the evidence found during the search to be admitted in court. Additionally, Vaughn claimed the trial court should have required the state to reveal the informant's identity. However, the court decided that the informant's identity was not relevant to Vaughn's defense, and so did not need to be disclosed. Finally, Vaughn argued that the jury was not properly instructed on the possible punishment for one of his charges. The court agreed that the instruction was incorrect and reduced the sentence for that particular charge, while upholding the convictions for the other charges. Thus, the overall decision allowed the convictions to stand, but changed the punishment for one count.

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F 2002-101

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In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

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F-2001-1048

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In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

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F-2001-1243

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In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

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F-2001-528

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In OCCA case No. F-2001-528, the appellant appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the judgment and sentence, granting a new trial. One judge dissented. The case involved the appellant, who was convicted of a serious offense and sentenced to fifteen years in prison. The appellant argued that he did not receive proper help from his lawyer during the trial. He claimed three main errors: first, that his lawyer did not do enough research on the case; second, that he was not allowed to question a witness about a sexual encounter; and third, that his lawyer had a conflict of interest. Upon reviewing the case, the court found that the lawyer's help was indeed lacking. Specifically, the lawyer did not know important details about two witnesses that could have helped the appellant's defense. This failure to prepare affected the case negatively, indicating that the defense was not done well enough. The court also concluded that the trial judge made a mistake by not allowing the appellant to explore certain evidence regarding the witness. However, since the lawyer did not raise the issue correctly, it did not automatically mean there was a problem. In the end, because of the arguments about the lawyer's effectiveness and the problems with how evidence was handled, the court decided that a new trial was necessary. One judge believed that the trial judge had made the right decisions and that everything should remain as it was. The overall outcome was that the original conviction was overturned, and the case was sent back for a new trial so the appellant could have another chance to defend himself.

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F 2001-668

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In OCCA case No. FT 2001-668, Richard James Cordon appealed his conviction for Second Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Richard Cordon was found guilty of Second Degree Murder after a trial. He was sentenced to fifteen years in prison. Cordon believed he did not get a fair trial because the court refused to give certain jury instructions. These instructions were about statements he made that could show he was innocent, as well as instructions on different types of manslaughter, voluntary intoxication, and self-defense using non-deadly force. After looking carefully at all the evidence and arguments, the court agreed that Cordon’s conviction should be reversed. They felt the trial court made a mistake by not allowing the jury to consider his exculpatory statement, which means a statement that could help prove he was not guilty. The court believed that if the jury had heard this statement, they might have decided Cordon was innocent. The court did not agree with all of Cordon's claims, particularly those about the other types of defenses and instructions he wanted, but they found that the lack of an instruction on his exculpatory statement influenced the trial's fairness. Therefore, the case was sent back for a new trial.

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RE-2002-174

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In OCCA case No. RE-2002-174, the appellant appealed her conviction for various crimes related to embezzlement and forgery. In an unpublished decision, the court decided to modify the revocation of her suspended sentence. One judge dissented. The case began in 1995 when the appellant was sentenced to five years of imprisonment, which was suspended, meaning she would not go to prison immediately if she followed certain conditions. These conditions included paying back over $35,000 to the victim of her crimes as restitution, reporting to a probation officer, and not changing her residence without permission. In 1997, the state said the appellant broke the rules of her probation by failing to report to her probation officer, changing her residence without permission, and not paying her restitution as required. A judge found that she did violate her probation, but there were multiple delays in resolving her punishment, which lasted about four and a half years. In 2001, the appellant missed a court hearing, and the court issued a warrant for her arrest. After her arrest in January 2002, a final hearing took place where the judge ordered her to serve the full five years of her sentences and added extra fees for sheriff's costs. The appellant then appealed this decision, proposing several arguments against the court's order: 1. She argued that the sheriff's fees were imposed unlawfully and violated her rights. 2. She claimed the restitution amount was uncertain and should not be required. 3. She believed the court could not revoke her suspended sentence after such a long time. 4. She felt her due process rights were violated because the imposed punishment was excessive. After reviewing the case, the court agreed with some of the appellant's points. It decided that the sheriff's fees were not legally appropriate because they cannot be added after a sentence has been given. They also found that appellant’s arguments about the restitution were too late because those challenges should have been made back in 1995 when the restitution was set. However, the court did agree with the appellant that it was too long between when she was sentenced and when her probation was revoked; thus, they ordered that her two five-year sentences should run at the same time (concurrently) instead of one after the other (consecutively). In conclusion, the court modified the earlier order by removing the sheriff's fees and adjusted how long the appellant would be imprisoned.

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F 2002-1339

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In OCCA case No. F 2002-1339, Marlon L. Johnson appealed his conviction for Kidnapping, First Degree Rape, and Forcible Sodomy. In an unpublished decision, the court decided to reverse the conviction for First Degree Rape and remand it to the district court for dismissal, while affirming the convictions for Kidnapping and Forcible Sodomy. One judge dissented. The case began when Marlon L. Johnson was found guilty of three serious crimes after a jury trial in Tulsa County. He was sentenced to thirty-five years for each crime, to be served one after the other, totaling a significant amount of time. Johnson claimed that there were many mistakes made during his trial, which he believed should lead to a reversal of his convictions or a new trial. The court looked at the arguments Johnson made. He said the charges were mixed up and that it wasn't clear whether the jury agreed on the specific facts for the rape charge. The court agreed that the jury might have relied on different facts to reach their decision about the rape charge, so they reversed that conviction. However, the court felt that there was enough evidence to support the kidnapping conviction, meaning they believed the jury was right about that part. Johnson also argued that his lawyer didn't do a good job, but the court felt his lawyer performed effectively. Other arguments made by Johnson, like improper statements from the prosecutor and issues with sentencing, were not enough to change the overall decision. The court decided that some mistakes were made, but they were not serious enough to hurt Johnson's chances for a fair trial. In the end, the court confirmed the kidnapping and forcible sodomy convictions because they believed the jury made the right decisions for those charges. However, because they couldn't be sure about the rape charge, they sent it back to be dismissed.

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RE-2001-947

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In OCCA case No. RE-2001-947, the appellant appealed his conviction for indecent exposure. In a published decision, the court decided to vacate the judgment and sentence and remand the matter to the District Court of Noble County for further proceedings. One judge dissented. The story begins when the appellant entered a guilty plea for indecent exposure in 1991 and was given a suspended sentence. This means he wouldn't serve time unless he broke the rules of his probation. However, in 1999, the State said he had committed another crime while on probation and wanted to take away his suspended sentence. During the revocation hearing, it was discovered that when the appellant was sentenced, he should not have been given a suspended sentence at all because of his prior convictions. According to Oklahoma law, if someone has three or more felony convictions, they aren't allowed to receive a suspended sentence. The court noted that both the appellant and the State were aware of his criminal history, and no evidence was presented to show that he was eligible for a suspended sentence. In fact, the plea agreement that he entered into was not legal under the law. Because of these issues, the court decided that the appellant's original judgment and sentence should be vacated, meaning it was canceled. This allows the appellant a chance to withdraw his guilty plea, which he can do if he wants to go to trial for the indecent exposure charge again. If he chooses not to withdraw his plea, he will then be sentenced again, but this time, it will be done right and in accordance with the law. Ultimately, the court took this action to ensure that everything was done fairly and legally, giving the appellant a proper opportunity to have his case heard correctly in the District Court. The ruling was important in maintaining the rules around sentencing and ensuring that people with multiple convictions are treated based on the law.

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RE 2001-0911

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In OCCA case No. RE 2001-0911, the Appellant appealed his conviction for burglary and larceny of an automobile. In an unpublished decision, the court decided to reverse the order from the lower court regarding the Appellant's participation in Drug Court. One judge dissented. In this case, the Appellant, after pleading guilty to burglary and larceny, had his original sentence changed to a suspended sentence with probation requirements. He was required to attend drug counseling and submit to drug tests. However, the State later claimed that he did not complete the agreed program. During the hearing about this issue, there was confusion about whether it was a revocation of his suspended sentence or a termination from Drug Court. The evidence showed uncertainty about the Appellant's actual participation in Drug Court. The court noted that it could not determine if the lower court had abused its discretion due to the confusion during the hearings. Ultimately, since it was unclear if the Appellant was appropriately part of the Drug Court, the higher court reversed the lower court's decision and instructed to dismiss the case instead of continuing with the termination.

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F-2001-637

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In OCCA case No. F-2001-637, James Ricky Ezell, III appealed his conviction for First Degree Robbery, False Impersonation, and Eluding a Police Officer. In an unpublished decision, the court decided to affirm Ezell's judgment but ordered the case to be sent back for resentencing. One judge dissented. Ezell was found guilty by a jury of robbing a convenience store and other crimes. The jury gave him long sentences for each crime, which the trial court ordered to be served one after the other. Ezell argued that his right to a fair trial was hurt because an African-American was removed from the jury, that the judge’s policy of always giving consecutive sentences was wrong, and that his sentences were too harsh. The court decided that the prosecutor had a good reason for removing the juror, so there was no unfair trial. However, it agreed that the judge's strict policy against considering running sentences together was a mistake. The court found that while sentences usually should run consecutively, judges must look at all options, including the chance to run sentences together, especially if a defendant has prior convictions. In conclusion, while Ezell's conviction was upheld, the court said the sentencing decision was not fully considered and sent the case back for the judge to look at this again. One judge disagreed with the decision to send the case back for resentencing, believing that the original sentences were justified given the nature of Ezell's crimes.

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F-2001-231

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In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.

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F-2001-651

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In OCCA case No. F-2001-651, Vadell Lamont Wright appealed his conviction for Unauthorized Use of a Motor Vehicle and Using a Vehicle to Facilitate the Intentional Discharge of a Firearm. In an unpublished decision, the court decided to reverse the convictions. One judge dissented. Wright was found guilty by a jury and received a sentence of twenty years for the unauthorized use of a vehicle and twenty-five years for using a vehicle in connection with the discharge of a firearm, with both sentences to be served one after the other. He decided to appeal his convictions. The court reviewed several claims raised by Wright regarding his trial. The main issues included: 1. Seeing the defendant in handcuffs could have influenced the jury. 2. There was not enough evidence to say that Wright used the vehicle to make the shooting easier. 3. The court did not allow the defendant to explain his belief that he was allowed to use the car, known as a defense of mistake. 4. Evidence about other crimes affected Wright's right to a fair trial. 5. Communication between the jury and the trial judge was improper. 6. The trial court made mistakes regarding immunity for a co-defendant. 7. The jury was not given the option of lesser charges. 8. Overall, multiple errors deprived Wright of a fair trial. Focusing on the second issue, the court noted that Wright used a stolen vehicle to flee from police. He was in the vehicle with another person who fired a gun at an officer during the chase. However, the court found that simply using the car did not meet the legal requirement that it had to help make the shooting occur. There wasn’t enough evidence to show that the act of using the car was linked to the shooting directly. Additionally, in regards to possible mistakes about using the vehicle, the trial court's instructions did not help the jury understand what was being asked about having permission to use the car. Wright believed he had permission from the person who was with him and thought he could use the vehicle, but the trial court did not clearly explain this possibility to the jury. As a result, the court decided to reverse Wright's conviction for shooting from a vehicle and dismissed that charge. They also decided to send the Unauthorized Use of a Motor Vehicle charge back for a new trial, stating that the earlier jury did not get all the right information to make a fair decision. In conclusion, the court found that Wright should not have been convicted based on the evidence presented and that he deserved a chance to argue his case again in a new trial.

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F 2001-378

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In OCCA case No. F 2001-378, Phillip Scott Coulter appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Phillip Scott Coulter was found guilty by a jury in a case about serious allegations of wrongdoing involving children. The trial happened in Kingfisher County, and the jury decided to give him a sentence of five years for each count. These sentences would be served one after the other. Coulter did not agree with the decision and asked the court to review the case. He raised several points to argue why the decision should be overturned. First, he said that the evidence wasn’t strong enough to support his conviction. He believed that there wasn’t enough proof that he acted inappropriately with any child. Next, he claimed that the prosecutor used improper tactics during the trial that made it unfair. He also said that his lawyer did not represent him well and this made it harder for him to defend himself in court. Lastly, he pointed out that he was not allowed to properly question one of the witnesses about things that had happened to her before, which he believed was important for his defense. After looking at all these arguments and the evidence presented during the trial, the court agreed that one of Coulter's rights was not respected. Specifically, they ruled that he was not allowed to question the witness in a way that could show whether she was being honest. This was important because it affected the outcome of the trial. Because of this, the court decided to reverse the conviction and said there would have to be a new trial. Since they were reversing the case based on this issue, they did not need to rule on the other arguments Coulter had made. In summary, the court found that Coulter's right to confront and question his accuser was not honored, leading to their decision to grant him a new trial.

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RE-2001-749

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In OCCA case No. RE-2001-749, Lloyd Samuel Heath, Jr. appealed his conviction for the revocation of suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. Lloyd Samuel Heath, Jr. had originally entered a guilty plea for Second Degree Burglary and Concealing Stolen Property in 1993. He was given three years of imprisonment on both charges, but these sentences were suspended, meaning he wouldn’t go to jail if he followed certain rules. However, he committed another crime in 1993, which violated the terms of his suspended sentences. In 1994, the State applied to revoke his suspended sentences because of this new crime. There was a significant delay before the hearing actually took place. Heath was not given a hearing until 2000, which was almost six years after the application to revoke was filed. He argued that the State did not act quickly enough and that this delay meant the revocation should not happen. The State admitted that they had made a mistake and agreed with Heath’s concerns about the delay. The court agreed with Heath’s argument and decided to reverse the order that revoked his suspended sentence. They also instructed the lower court to dismiss the case. The decision meant that Heath’s original sentences were not enforced, and he would not have to serve them because the State did not handle the process in a timely manner.

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F-2001-609

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In OCCA case No. F-2001-609, John Henry Harris appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse the conviction with instructions to dismiss the case. One judge dissented. John Henry Harris was found guilty in a trial without a jury. The court sentenced him to fifteen years in prison and a fine of $25,000. However, Harris appealed this decision, arguing that the police had violated his rights during the arrest. The main issue was whether the police were allowed to enter Harris's home without a warrant. The court reviewed the case law related to the Fourth Amendment, which protects people from unreasonable searches and seizures. Generally, police need a warrant to enter a person's home, unless there are special circumstances. One of these situations is called hot pursuit, which means the police can follow someone closely if they believe a crime has been committed and the person might escape. In this case, the court found that Harris's arrest did not require a warrant since the police were trying to apprehend him for minor traffic violations and a misdemeanor charge. They ruled that there were no exceptional circumstances that would justify entering the home without a warrant. The court also emphasized that the police needed to show that waiting for a warrant would have resulted in the loss of evidence, which they did not prove. As a result, the court stated that the trial court had made a mistake by not agreeing to Harris's request to dismiss the evidence obtained during the illegal entry into his home. Since the evidence was critical for his conviction, the court had no choice but to reverse Harris's guilty verdict and instructed the trial court to dismiss the charges against him. The dissenting opinion believed that the police acted properly. The dissenting judge pointed out that Harris committed multiple traffic violations and tried to escape from the police by running into a house where he did not live. When the police arrived, the homeowners informed them that Harris should be chased. The dissenting judge felt that the police were justified in entering the home to make the arrest and to prevent potential harm to the homeowners. In summary, the court’s decision to reverse Harris’s conviction was based on the belief that his rights were violated through an illegal entry into his home without a warrant.

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F-2001-985

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In OCCA case No. F-2001-985, Karyn Jo Webb appealed her conviction for Injury to a Minor Child. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Karyn Jo Webb was found guilty by a jury for hurting a child and was sentenced to fourteen years in prison. She believed her lawyer did not help her properly during the trial. Karyn said her lawyer did not look into important medical evidence that might show she was innocent. She also thought her lawyer did not question the state’s medical experts well and missed gathering good character references that could help her side of the case. The court looked carefully at all the information from the trial and decided that Karyn’s lawyer did not perform well. They concluded that he was not able to act as a good defense lawyer, which is why Karyn should get a new trial. The main issue was that without a medical expert, her lawyer could not effectively fight against the accusations that she harmed the child. Therefore, the court said Karyn deserved another chance to prove her case.

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F-2001-687

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In OCCA case No. F-2001-687, #1 appealed his conviction for #Uttering Two or More Bogus Checks Exceeding $50.00. In an unpublished decision, the court decided #the case should be remanded for further findings of fact and conclusions of law. #2 dissented. Summary: The appellant, a person accused of writing bad checks, entered a plea in 1995 but later faced problems with following court rules. She was supposed to pay money back for the checks she wrote, but she didn't pay all of it. Over the years, the state said she had not done what she needed to do, like meeting with a probation officer and paying fees. As a result, her sentence was changed and she spent time in jail. The appellant had two cases against her. The first case involved writing four bad checks totaling $140, but she was told to pay back over $6,000, which she felt was too much. She argued that the court should not make her pay for other checks she wasn't charged with. The second case involved her admitting guilt for a poor check and being given jail time that was suspended, meaning she wouldn't go to jail unless she misbehaved. But the state also said she didn’t follow the rules connected to this case. During the hearings, the court decided she had broken the rules, leading to her jail time and fees. The key issues in her appeal were whether she should pay restitution for other checks and whether the amounts charged were fair. The court found that the records were unclear, so they sent the case back to get more facts about how much she really owed and if she could pay it back without it being a big problem for her or her family. The court needed to figure out three main things: why she had to pay for checks she wasn't charged with, if she could pay without hardship, and the correct amount she actually owed. The other point brought up was whether the fees for being in jail were too high and if the way those fees were charged followed the law. In conclusion, the court said the lower court needs to look at these issues again to make sure everything is fair.

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F-2001-281

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In OCCA case No. F-2001-281, Jimmy Lee Mullins appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident involving Death, and Leaving the Scene of an Accident involving Non-Fatal Personal Injuries. In a published decision, the court decided that Mullins's conviction for Leaving the Scene of an Accident involving Non-Fatal Personal Injuries should be reversed and dismissed. The court confirmed his convictions for Second Degree Murder and Leaving the Scene of an Accident involving Death. One judge dissented.

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F-2001-336

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In OCCA case No. F-2001-336, Roger Allen Eddy, Jr. appealed his conviction for manufacturing methamphetamine, possession of a precursor substance, possession of methamphetamine, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to affirm his conviction for manufacturing methamphetamine, reverse his convictions for possession of a precursor substance and possession of methamphetamine, and modify his sentence for possession of a firearm to five years. One member of the court dissented.

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F-2001-283

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In OCCA case No. F-2001-283, Timothy Dewayne Kliven appealed his conviction for Conspiracy to Manufacture a Controlled Dangerous Substance. In a published decision, the court decided to reverse Kliven's conviction with instructions to dismiss. Kliven's co-appellant, Tony Wayne Jones, also had his conviction reversed. One justice dissented. The case involved both men being found guilty of planning to make methamphetamine, but the evidence against them was not strong enough to show that they had agreed to do this crime. The evidence was mainly based on circumstantial facts, which means it didn't directly show their involvement in a conspiracy. Since there wasn't enough proof, the court ruled that their convictions should not stand.

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C-2001-665

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In OCCA case No. C-2001-665, the petitioner appealed his conviction for indecent exposure. In a published decision, the court decided to grant the petitioner the ability to withdraw his guilty plea and vacate his conviction. One judge dissented. The petitioner, who had been originally charged with three counts of sexual abuse of a minor child, reached a plea agreement where the charges were reduced. He pled guilty to the lesser offense of indecent exposure and received a 20-year prison sentence, which was the minimum possible. Later, he wanted to withdraw his guilty plea, claiming that he had been misled about the prison time he would actually serve. He argued that he was incorrectly informed he would have to serve 85% of his sentence if he went to trial, which was not true for his case. The court found that the misinformation affected his decision to plead guilty even though he had also given contradictory statements during the hearings. The court ultimately ruled that because he was misinformed, his guilty plea was not entered knowingly and voluntarily. As a result, his conviction was vacated, and he was allowed to withdraw his plea.

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RE 2001-0540

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In OCCA case No. RE 2001-0540, Eddie Craig Monarch appealed his conviction for a suspended sentence violation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacated the additional imposition of community service. One judge dissented. In this case, Monarch had initially pled guilty to Driving While Under the Influence and Driving Under Suspension. He received a five-year suspended sentence for the first charge and a short jail time for the second, along with some fines and requirements like community service and using an interlock device on his vehicle. Later, Monarch did not meet the conditions he agreed to, such as paying probation fees and using the interlock device, which led the State to ask for a revocation of his suspended sentence. After a hearing, the judge found that he had indeed violated these terms and revoked two years of his suspended sentence. Monarch appealed this decision, stating that the evidence against him wasn't strong enough and that he didn't have the means to pay the fees or participate in the programs. The court noted that only a preponderance of evidence was needed to prove a violation and found that there was enough evidence to support the judge's decision to revoke his sentence. However, the court agreed with Monarch that the judge did not have the authority to impose extra community service hours since it was not part of the original punishment. So, they confirmed the revocation of his suspended sentence but removed the extra community service requirement.

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RE 2001-0383

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In OCCA case No. RE 2001-0383, Benton appealed his conviction for indecent or lewd acts with a child under 16. In an unpublished decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when Benton pleaded guilty to three counts of indecent or lewd acts with a child in 1996. He was sentenced to seventeen years for each count, but the last ten years of his sentences were suspended, meaning he wouldn't have to serve that time in prison if he followed certain rules and conditions, like going to counseling and keeping the court informed of his address. In February 2000, the state filed a request to take back his suspended sentence because they claimed Benton violated his probation. They said he didn’t report his change of address to the authorities, didn’t check in regularly, and didn’t attend counseling. However, the hearing regarding his probation violation was postponed until March 2001, almost two years after the request was made. During the hearing, the judge found that Benton had indeed failed to report, change his address, and attend the required counseling. As a result, the judge decided to revoke his suspended sentences, which meant Benton would have to serve ten years for each count in prison. Benton appealed this decision, arguing that the evidence against him was not strong enough to prove that he had violated the terms of his probation. The court acknowledged that the state's witness did not have sufficient information about Benton’s case since she had just started working on it and had never met him. The probation officer who had worked with Benton was no longer at the office and did not testify. Additionally, it was mentioned that Benton might not have reported or informed the authorities of his new address because he was mentally incompetent and was in a hospital at the time. It seemed he could not attend counseling sessions because he was referred to other types of treatment. The court found that there was not enough evidence to show that Benton willingly broke the probation rules. They decided to reverse the order revoking his sentences and instructed the lower court to dismiss the case. Overall, the court said that the evidence did not prove beyond a reasonable doubt that Benton violated his probation, leading to the reversal of his sentence.

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