Criminal Appeals

F-2016-997

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In the case of Jimmie Lee Lovell, the Oklahoma Court of Criminal Appeals reviewed his convictions for First Degree Manslaughter and Driving Under the Influence. Lovell challenged the trial court's denial of his motion to suppress blood test results, arguing he was not given an opportunity for independent testing as required by statute. The court affirmed the trial court's decision, finding no abuse of discretion, since Lovell did not request a sample for independent testing during the proper timeframe. Additionally, Lovell argued that the jury’s verdicts—guilty of First Degree Manslaughter and not guilty of Negligent Homicide—were inconsistent. The appeals court found that no objection had been raised regarding the verdict at trial, and therefore reviewed for plain error, concluding there was no actual error affecting his rights, as the jury’s intent was clear. The court noted a variance between the jury’s recommended punishment in Count II (Ten days and a $1,000 fine) and the subsequent sentence (one year in jail). The case was remanded for correction of this discrepancy. Overall, the court affirmed the judgment and sentence in Count I, affirmed the judgment in Count II, and ordered the trial court to correct the Judgment and Sentence in Count II in accordance with the jury's recommendation.

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F-2016-696

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In OCCA case No. F-2016-696, Mesfun appealed his conviction for driving under the influence of alcohol, transporting an open container of liquor, driving without a license, and driving left of center. In a published decision, the court decided to modify the sentence on one count and affirmed the rest of the judgment. One justice dissented. Mesfun was found guilty of multiple offenses in Tulsa County District Court. The charges included driving drunk, having an open container of alcohol while driving, not having a driver's license, and driving in the wrong lane. He received a long sentence, including years in prison and fines, to be served one after the other. Mesfun's appeal included three main points. First, he argued that the jury was wrongly told how much punishment they could give him for transporting an open container of liquor. The court agreed with him on this point and changed that sentence to a shorter jail time and fine. Second, Mesfun claimed that the prosecutor acted unfairly during the trial, which hurt his chances of a fair trial. However, the court found that the prosecutor's comments were allowed and did not harm Mesfun's case. Third, he said that his lawyer did not do a good job to help him. The court looked at this claim and said that his lawyer's actions did not affect the trial's outcome, so this point was also denied. Overall, the court modified one part of his sentence but upheld the rest of the decision from the trial court.

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F-2016-179

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In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

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M-2016-596

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In OCCA case No. M-2016-596, Lyndol Keith Nunley appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. The case began with a non-jury trial in which Nunley was found guilty of committing domestic abuse against someone he knew. The judge sentenced Nunley to pay a fine and to spend time in county jail. Initially, he was required to serve his jail time day for day, meaning he would serve the full year without any reductions. However, this requirement was later changed. Nunley appealed for three main reasons. First, he claimed his lawyer did not do a good job because there was no record of what happened during the trial, which made it hard for him to appeal. The court explained that to prove a lawyer was ineffective, a person must show how this caused them harm. Since Nunley did not give enough proof or show that any errors happened during the trial, his claim was not accepted. Second, Nunley argued that his sentence was too harsh. He believed the day for day term made his punishment excessive. However, since that requirement was removed after he filed his appeal, this argument was no longer valid. Lastly, Nunley pointed out that he received the maximum penalty allowed by law. The court noted that while it did impose the maximum jail time, his fine was much lower than what he could have received. The judges decided that Nunley did not show that his sentence was shocking or unfair, so they rejected his request to change it. In the end, the judges upheld the decision made in the lower court, meaning Nunley had to serve his sentence as it was decided.

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F-2015-1007

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In OCCA case No. F-2015-1007, Johnny Lee Ingram appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. The case began when Ingram was tried for two crimes: one for Assault and Battery with a Deadly Weapon and the other for Possession of a Firearm after prior convictions. The jury found him guilty of the first charge and not guilty of the second. He was sentenced to twenty-five years in prison based on the jury's recommendation. Ingram raised several points during his appeal. He claimed that the trial court made mistakes, such as not properly answering the jury's questions about the law, which led to confusion. The court agreed that the trial court's responses to the jury were not clear and this could have impacted the jury's decision. During the jury's deliberation, they asked about the meaning of certain instructions related to the case. The trial judge referred them to another instruction without clearly addressing their concerns. This left the jury confused about what constituted criminal intent and whether Ingram could be guilty based on his presence at the scene but not guilty of the other charge. The court emphasized that when jurors express confusion, it is crucial for judges to clearly resolve that confusion. Since the jury found Ingram guilty despite being confused, and considering that the instructions did not help clarify the legal standards, the appellate court concluded that Ingram was not given a fair trial. Thus, they overturned the conviction and ordered a new trial to ensure that the jury could properly consider the evidence laid out, without the confusion created by the previous instructions.

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RE-2015-922

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In OCCA case No. RE-2015-922, Palmer appealed his conviction for perjury. In an unpublished decision, the court decided to affirm the revocation of Palmer's suspended sentences. One judge dissented. Palmer had previously received a deferred sentence for a case in 2010. In 2015, he pleaded no contest to a perjury charge and got another suspended sentence that he was serving at the same time as the first one. Later, the State of Oklahoma filed to revoke his suspended sentences, claiming he had violated probation by not reporting, not paying court costs, and not completing a required program. They also added new charges of kidnapping and assault. During the revocation hearing, Palmer was removed from the courtroom because he was disruptive. He interrupted the judge repeatedly and was warned to stop, but he did not listen. The court found that because he was behaving disruptively, his absence from the hearing did not make the process unfair. Palmer also claimed that he wanted to represent himself but was forced to have a lawyer. The court determined he had not made any formal request to represent himself, so this claim was rejected. Additionally, Palmer argued that the court did not explain why his sentences were revoked. However, the court noted that there is no requirement to provide detailed reasons at a revocation hearing. Palmer's failure to follow even one condition of his probation was enough to justify the revocation of his sentences. Finally, Palmer thought the judge did not have the power to impose supervision following his imprisonment. However, the court found this issue was already resolved and was therefore moot. The court's overall ruling was to confirm that Palmer's suspended sentences were revoked, maintaining that proper procedures were followed during the revocation hearing.

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JS-2016-1062

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In OCCA case No. JS-2016-1062, Z.N. appealed his conviction for First Degree Burglary. In a published decision, the court decided to affirm the lower court's ruling that granted Z.N. certification as a juvenile. The State had claimed that the judge made a mistake in allowing Z.N. to be treated as a juvenile. However, the court found that the judge's decision was reasonable given the evidence and factors surrounding the case. The ruling included considerations of the nature of the crime, Z.N.'s background, and the potential for rehabilitation. No 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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F-2016-30

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In OCCA case No. F-2016-30, Ladarius Burnell Kelly appealed his conviction for robbery with a firearm and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but modified the fines associated with the charges. One judge dissented regarding the change in fines. Ladarius Burnell Kelly was charged and found guilty by a jury for committing robbery with a firearm and assault with a dangerous weapon. He received a punishment of 18 years in prison along with a $2,500 fine for the robbery and 2 years in prison with a $2,500 fine for the assault. The sentences were to be served one after the other. Kelly appealed, raising several issues. First, he argued that the witnesses who identified him were not reliable, which he believed violated his rights. However, the court found that the methods used for identification were not overly suggestive and did not mislead the jury. Therefore, his claim was denied. Next, Kelly challenged the evidence presented against him for the assault charge. The court looked at the evidence favorably for the prosecution and determined there was enough proof to support the conviction. The testimony showed that Kelly had threatened to shoot a victim, which the jury could reasonably interpret as an intent to harm, so this argument was also denied. He also argued that he had not received a fair trial due to prosecutorial misconduct. However, the court found that any alleged missteps by the prosecutor didn't significantly impact the fairness of the trial. Because of this, this claim was denied as well. Importantly, Kelly had a point regarding the fines. The court found that the jury was wrongly instructed about the mandatory fines for the charges. They decided to correct this by changing the fine for the assault count to $0 and reducing the fine for the robbery charge to $2,000. Kelly also believed that his lawyer did not do their job effectively, but the court ruled that his claims did not show that the outcome of the trial would have changed if his lawyer had acted differently. In summary, the court upheld Kelly's convictions and changed the financial penalties, showing that while he did not win the major points of his appeal, he was granted some relief on the fines imposed.

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F-2015-393

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In OCCA case No. F-2015-393, Tucker Ryan McGee appealed his conviction for First Degree Malice Aforethought Murder. In an unpublished decision, the court affirmed his conviction but vacated his sentence of life without the possibility of parole and remanded the matter for re-sentencing. One judge dissented. The case involved the tragic disappearance of 16-year-old JaRay Wilson, who went missing in October 2012. Investigators later connected Tucker McGee and his friend Cody Godfrey to JaRay's disappearance. Evidence presented during the trial showed that McGee, while under the influence of drugs, shot JaRay in the head and subsequently helped dispose of her body. Throughout the trial, McGee raised numerous issues regarding jury instructions and the fairness of his trial, arguing that certain instructions on lesser offenses were improperly given or omitted, that the jury was misled by a flight instruction, and that he was deprived of a fair trial due to the evidence presented against him. He also claimed that the prosecution engaged in misconduct and that he did not receive effective assistance of counsel. The court reviewed all the claims made by McGee and found that while certain instructions were given that could be considered errors, they did not ultimately affect the outcome of the trial. The strengths of the evidence against McGee, including his confessions and the testimony of witnesses, led the court to determine that the errors did not warrant reversal of his conviction. Importantly, the court also addressed the implications of recent U.S. Supreme Court decisions on juvenile sentencing, specifically those related to life without parole sentences for juvenile offenders. The court acknowledged that the previous standards did not adequately consider the unique circumstances surrounding juvenile offenders and determined that McGee's sentence required re-evaluation under updated legal interpretations regarding the treatment of juveniles in the criminal justice system. As a result, while McGee's conviction was upheld, his life sentence without the possibility of parole was vacated, allowing for the opportunity for re-sentencing that would take into account his age and circumstances at the time of the crime.

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F-2015-886

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In OCCA case No. F-2015-886, Russell Carl McCrillis appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the judgment but remand the case for the trial court to assess a specific term of years for post-imprisonment supervision. One judge dissented. McCrillis was convicted in a jury trial and received a twenty-year prison sentence and a $20,000 fine for each count of lewd molestation. The sentences were ordered to be served at the same time. McCrillis raised several issues in his appeal. He claimed that his statement to the police should not have been allowed at trial because it was not made freely and voluntarily. He also argued that the jury should have been instructed about the voluntariness of his statement. Additionally, he pointed out that the trial court could not change his sentence to an indefinite probation after prison. Finally, he believed his sentences were too harsh. The court looked closely at whether McCrillis's statement to the police was voluntary and found that he had waived his rights properly and given his statement willingly. This meant the trial court did not make a mistake when it allowed the statement to be presented during the trial. The court did notice that while the judge should have instructed the jury on the voluntary nature of his confession, the lack of instruction didn’t really have an impact on the trial's outcome, as there was strong enough evidence against McCrillis. Regarding the trial court's authority to modify the sentence, the court agreed that it should have set a clear term for post-imprisonment supervision, which means after McCrillis serves his time, he should be supervised for a set number of years. The law says people convicted of certain crimes, like lewd molestation, must have a period of supervision after serving time, usually between nine months and a year. However, there is also a specific law stating that in cases of sexual offenses, supervision could be longer. The court noted that the trial judge didn’t give a fixed duration for supervision, which was a mistake. In the end, while the court agreed with McCrillis on the need for a specified period of supervision upon release, it found that his twenty-year sentence was not too severe based on the details of the crimes committed. Therefore, the court upheld the conviction but sent the case back to have the trial court determine the proper length of post-imprisonment supervision.

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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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RE-2015-765

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In OCCA case No. RE-2015-765, Jimmy Lee Fields appealed his conviction for sexually abusing a minor child. In an unpublished decision, the court decided to affirm the revocation of Fields' suspended sentence. One judge dissented. The case began when Fields, in 2000, pleaded guilty to sexually abusing a child. He was sentenced to fifteen years in prison, but all but five years were suspended. This meant he would not have to serve the full sentence if he followed the rules. In 2001, his sentence was modified to fourteen years and the execution of that sentence was also suspended with conditions he had to follow while on probation. In 2015, the state accused Fields of breaking the rules of his probation by committing more serious crimes, including child sexual abuse. After a hearing, the court revoked his suspended sentence completely, meaning he had to serve time in prison. Fields disagreed with this decision, claiming the court made errors. Fields presented two main arguments for his appeal. First, he argued that the court was wrong to impose post-imprisonment supervision at the time of revocation, which was not part of the original sentence. Second, he believed the court acted unfairly when it revoked his entire sentence because he had mitigating circumstances like health issues and past good behavior. The court reviewed his claims but found no errors in the decision to revoke the suspension. It highlighted that committing new crimes while on probation justified the revocation. Therefore, the court upheld the revocation but instructed to correct the official written order to remove the additional supervision requirement that was added later. Overall, the court affirmed the decision to revoke his probation with the clarification needed for the written records.

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C-2015-573

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In OCCA case No. C-2015-573, Jeremy Ross Wilson appealed his conviction for Escape from the Department of Corrections. In a published decision, the court decided to modify Wilson's sentence. One judge dissented. Jeremy Ross Wilson was an inmate who escaped from a work center. He was arrested later and faced charges for his escape. He pleaded guilty and was given a long sentence, but he later wanted to take back his guilty plea. His motion to do so was denied, and he appealed that decision. The case included a problem with how the state used Wilson's past felony convictions. The law says you cannot use the same prior convictions to charge someone with a crime and to make the punishment worse for that crime. The state did that with Wilson, using five of his past felonies to both charge him and to increase his punishment. Because of this, the court found that Wilson had been given a harsher sentence than what was allowed by law. The main question was whether Wilson had entered his guilty plea voluntarily and intelligently. It was found that he had. However, the court also decided that the sentence needed to be corrected. Wilson's lawyer did not challenge the state's use of the prior felonies, which was seen as ineffective help. As a result, the court modified Wilson's sentence to a shorter term of seven years instead of fifteen. Wilson would also have to be supervised for a year once released and pay fines. The court affirmed the decision to deny his request to withdraw his guilty plea but changed the length of his sentence.

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F-2015-531

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In OCCA case No. F-2015-53, Dennis Ray Runnels appealed his conviction for Unlawful Distribution of Controlled Dangerous Substance (Methamphetamine). In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Runnels was convicted after a jury trial, where he was found guilty of distributing meth. The trial court sentenced him to 19 years imprisonment, with one year of post-imprisonment supervision, and ordered him to pay a fee for a court-appointed attorney and other costs. Runnels raised several issues in his appeal. First, he claimed that the state did not show a complete chain of custody for the meth. The court found that there was enough evidence for the jury to decide that Runnels was guilty beyond a reasonable doubt. The court also determined that Runnels had not shown any plain error regarding this issue. Second, Runnels argued that the state did not provide enough evidence to support his conviction. However, the court ruled there was sufficient evidence, including testimony and recordings from a controlled buy, for the jury to reach their conclusion. Third, he claimed the state failed to provide evidence that could have helped his case. He said the prosecutor did not correct a witness’s false testimony about prior convictions. The court found no wrongdoing by the state and ruled that Runnels had not shown how this affected the trial's outcome. In his fourth claim, Runnels argued that the jury was incorrectly instructed on punishment. The court agreed and found it was a plain error, which required modification of his sentence. Runnels also claimed the jury was led to think about probation and parole during the trial, but since the punishment was modified based on the previous claim, this point became moot. Regarding the claim that his sentence was excessive, the court agreed that it should be modified due to the instructional error and reduced it to 10 years with the same supervision and fees. Runnels also said his attorney was ineffective in several ways. However, the court found that these claims were moot because of the prior decision to modify his sentence. Lastly, Runnels asked the court to look at the overall errors during his trial to see if they denied him a fair outcome. The court determined that since they did not find any sustained errors, this request was denied. In conclusion, Runnels's conviction was upheld, but his sentence was reduced to 10 years in prison with supervision, and he will still pay the attorney fees and costs.

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F-2015-715

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In OCCA case No. F-2015-715, Kevin Judd Lemons appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies, and other related charges. In an unpublished decision, the court decided to modify his sentence to seventeen years in prison and reduce his fine to $10,000.00. One judge dissented regarding how the sentence was amended. The case began with Lemons being charged for drug trafficking and related offenses. During the trial, he was sentenced to twenty-five years in prison and fined $25,000. He argued several points in his appeal, including that the search of his vehicle was illegal, and the evidence against him was insufficient. He also claimed that he received an excessive sentence and that his defense attorney did not represent him well. The court reviewed these arguments carefully. On the first point, the court found that the police did not act improperly during the traffic stop which led to the discovery of drugs and paraphernalia. The court explained that the officers were following the law during the search. Regarding the second point, the court noted that Lemons himself had admitted to his prior felony convictions, which relieved the State from having to further prove these convictions. This meant his claims about insufficient evidence for his previous felonies were not valid for the appeal. For the claim about his sentence being too harsh, the court agreed that Lemons had been sentenced incorrectly under the wrong punishment range. They adjusted the duration of his prison time downward to correct this mistake. They also ruled that the fine imposed was not appropriate under the law, which allowed them to reduce it to a lower amount. Lastly, Lemons contended that his lawyer failed to support him effectively. The court found that most of the points mentioned did not show a serious problem with the representation that would warrant further action. Overall, the court upheld Lemons' conviction but decided to make changes to both his prison time and the fine he had to pay. While most judges agreed, one judge thought that rather than changing the sentence directly, the case should be sent back for a new sentencing hearing.

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F 2015-738

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In OCCA case No. F 2015-738, Richard Jerrel Jackson appealed his conviction for multiple drug-related offenses and driving with a suspended license. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming the rest of the conviction. One judge dissented. Jackson was found guilty of possessing methamphetamine, marijuana, alprazolam, drug paraphernalia, and driving with a suspended license. His sentences included life imprisonment for the methamphetamine conviction and varying years for the other charges, all to be served consecutively. Jackson raised several arguments on appeal, mainly focusing on claims of double jeopardy, ineffective counsel, and evidence errors. The court found that it was wrong for Jackson to be convicted of possession of three drugs when they were all found together. The State agreed that this violated the rules against double punishment, leading to a reversal of the convictions related to the marijuana and alprazolam. For the other claims, including the effectiveness of Jackson's lawyer and various evidentiary issues, the court ruled largely in favor of the trial's findings, concluding that Jackson had not demonstrated any substantial harm or errors that affected his conviction significantly. This included affirming the use of prior felony convictions for sentencing enhancements and the handling of evidence during the trial. In summary, while the court dismissed two of the charges against Jackson, it upheld the others and determined that there were no significant errors in how the trial was conducted. The judges agreed on most aspects of the case, with one judge expressing a differing opinion on some points.

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C 2015-980

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In OCCA case No. C 2015-980, Gary Thomas Schofield appealed his conviction for Driving Under the Influence, Driving Under Suspension, and Failure to Use Child Restraint. In an unpublished decision, the court decided to affirm the denial of his motion to withdraw his nolo contendere pleas but modified his fine for the Failure to Use Child Restraint charge from $50.00 to $10.00. One judge dissented.

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S-2016-29

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In OCCA case No. S-2016-29, the State of Oklahoma appealed the conviction of Jones for unlawful possession of a controlled dangerous substance (methamphetamine) with intent to distribute and unlawful possession of drug paraphernalia. In a published decision, the court decided to dismiss the appeal because the State did not file the required Petition in Error within the time limit. One judge dissented.

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JS 2015-1076

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In OCCA case No. JS 2015-1076, R.Z.M. appealed his conviction for Forcible Oral Sodomy. In a published decision, the court decided to affirm the trial court's order that dismissed the charge. One judge dissented. R.Z.M. was born on November 21, 1997, and was charged with serious crimes in Tulsa County. The charges included Rape-First Degree and Forcible Oral Sodomy. However, the first charge was dismissed before the trial. When it came to the second charge, R.Z.M.'s defense team asked to have it dismissed too. The judge agreed and granted the motion to dismiss on November 30, 2015. The State of Oklahoma was not happy with this decision, so they decided to appeal it. They argued that the trial court made a mistake by ruling that someone cannot be charged with Forcible Sodomy if the victim is too intoxicated to be aware during the act. However, the court decided that there was no error in the trial court’s ruling. The opinion explained that the law about Forcible Sodomy does not mention anything about intoxication. In this case, the law is very specific and does not allow for broad interpretations. Since the law does not include intoxication as a reason for the crime of Forcible Sodomy, the dismissal was upheld. In summary, the court sided with R.Z.M. and kept the trial court's decision to dismiss the charge.

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S-2015-568

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In OCCA case No. S-2015-568, the State of Oklahoma appealed the conviction of Christopher Daniel Welch for possession of a firearm after a former felony conviction. In a published decision, the court decided to affirm the lower court's decision to dismiss the case, stating that the evidence did not support the charge. One judge dissented.

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RE-2014-1030

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In OCCA case No. RE-2014-1030, Ronnie Eugene Woods appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug with Intent to Distribute, Falsely Personate Another to Create Liability, and Driving with License Cancelled, Suspended, or Revoked. In an unpublished decision, the court decided to modify the order of the District Court regarding Woods' sentences, ensuring that they would be served concurrently instead of consecutively. One judge dissented from this decision.

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RE-2015-104

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In OCCA case No. RE-2015-104, Eric Lamont Muhammad appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse the District Court's order to revoke his sentence and send the case back for further proceedings. One judge dissented, arguing that the hearing was held in a timely manner.

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RE-2015-180

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In OCCA case No. RE-2015-180, the appellant appealed his conviction for two counts of Rape in the First Degree. In an unpublished decision, the court decided to reverse the order revoking his suspended sentence. One judge dissented. Here's a summary of the case: The appellant, after pleading guilty to Rape in the First Degree, was sentenced to twelve years in prison, which was suspended under certain conditions, including registering as a sex offender. Later, the State alleged that the appellant violated his probation by committing a new crime in Michigan, specifically being a felon in possession of a firearm. When the appellant was brought back from Michigan, a hearing took place about whether he had indeed violated his probation. During this hearing, the State presented various documents and testimony to support their claims, but these did not meet the legal requirements. They had included some documents from Michigan that were not certified and did not prove that a final judgment had been made regarding the alleged new crime. The court found that the State did not provide enough competent evidence to support their claim that the appellant had committed a new crime. The judges noted that the State must strictly prove a new offense for revocation of a suspended sentence. Since the State did not prove that the judgment from Michigan was final, the court agreed that there was an error. As a result, the court reversed the revocation order and sent the case back for further actions as needed. The court did not need to consider the other issues raised since the lack of evidence was sufficient to decide the appeal in favor of the appellant.

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F-2015-374

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In OCCA case No. F-2015-374, Jerrell Otis Thomas appealed his conviction for Shooting with Intent to Kill, Robbery with a Weapon, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the conviction for Shooting with Intent to Kill and Possession of a Firearm, but to reverse the conviction for Robbery with a Weapon with instructions to dismiss. One judge dissented. Jerrell Otis Thomas was found guilty by a jury for three serious crimes. The main issue was whether he was being punished too harshly for his actions. He argued that he should not have been convicted for both Shooting with Intent to Kill and Robbery with a Weapon because they were connected, like two parts of the same event. The court agreed with him on this point and felt that, under the law, he should not be punished twice for what they saw as one act. Thomas also claimed that he did not get a fair trial because the public was kept out of the courtroom while a key witness testified. The court looked into this and decided that the closure was justified due to threats made against the witness, ensuring their safety. He further claimed that his lawyer did not help him enough during the trial. After considering all the facts, the court found that his lawyer did their job okay, and there wasn't enough evidence to show he was harmed by their actions. Finally, the judge determined that the way Thomas's sentences were set to run (one after another) was acceptable, even though they reversed one of his convictions, meaning he would serve less time than originally planned for that charge. Overall, Thomas won on one point regarding his robbery conviction, meaning that part of the punishment was taken away, but his other convictions were upheld. The court’s decisions aimed to ensure no unfair punishment occurred while also maintaining the law's integrity.

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