Criminal Offense

F-2015-155

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In OCCA case No. F-2015-155, Sauter appealed his conviction for robbery with a firearm and burglary in the first degree. In a published decision, the court decided to reverse the conviction due to insufficient evidence. One judge dissented. Sauter was found guilty by a jury in the District Court of Nowata County and was sentenced to a total of forty-seven years in prison along with fines. The evidence presented during the trial primarily came from two accomplices, Welsh and Fulcher. Sauter argued that since these accomplices’ testimonies were not supported by independent evidence, his convictions should not stand. The court explained that under Oklahoma law, the testimony of an accomplice cannot solely support a conviction unless there is other evidence that connects the defendant to the crime. The court found that while there was evidence linking Sauter’s vehicle to the crimes, there was no evidence that directly implicated Sauter himself. Since the only evidence against Sauter came from the testimonies of Welsh and Fulcher, which lacked corroboration, the court had to reverse the convictions. The dissenting judge felt there was enough independent evidence connecting Sauter to the crimes, particularly the fact that Sauter's car was used and that he had been seen driving it shortly before the home invasion. This judge believed that the jury could conclude Sauter was complicit in the robbery and burglary based on the evidence presented.

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S-2013-695

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In OCCA case No. S-2013-694, Fred A. Green appealed his conviction for kidnapping and first-degree burglary. In an unpublished decision, the court decided to affirm the dismissal of the charges against him and his co-defendants, Ronald Krushe and Christopher Thornburg. One judge dissented. The case began when Green, Krushe, and Thornburg were charged after they went to a home to arrest two individuals, Billy and Pam Jones, for breaching their bail bond. They entered the home without permission and removed the Joneses, leading to their arrest. However, the court found that since Green, Krushe, and Thornburg were acting as bail bondsmen with the legal authority to arrest, they did not commit the crimes of burglary or kidnapping. The state argued that their actions were unlawful since they entered the home with the intent to kidnap. However, the court determined that the bondsmen acted within their rights, resulting in the dismissal of charges.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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S-2012-719

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In OCCA case No. S-2012-719, Robert Brooke appealed his conviction for Driving a Motor Vehicle While Under the Influence of Alcohol and Transporting an Open Bottle or Container of Liquor. In an unpublished decision, the court decided to affirm the lower court's order deferring judgment and sentence. One judge dissented. The case began when Robert Brooke was charged with DUI and another alcohol-related offense. He entered a guilty plea but had a disagreement about whether he must serve time in jail or undergo inpatient treatment. The lower court decided to defer his sentencing for five years and found that the law requiring jail time or inpatient treatment was not enforceable in this situation. The state argued that the law clearly required jail time or inpatient treatment since it was Brooke's second DUI-related charge. However, the court explained that since a plea deal did not count as a conviction, the conditions related to jail or treatment did not apply. Instead, they found that Brooke should follow the recommendations given from his alcohol assessment, which included certain programs, rather than being required to serve time. The court looked closely at the wording of the law and decided that the terms about jail time only apply when there is a conviction. Since they did not convict Brooke but only deferred his sentencing, those specific requirements did not apply to him. The court also mentioned that while the law could be seen as constitutional, it did not matter in this case since they determined it was not applicable. Thus, they upheld the lower court's decision, allowing Brooke to complete the programs without being sentenced to time in jail. The final judgment was to affirm the decision of the District Court, allowing Brooke to follow through with the treatment required instead of serving jail time.

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RE-2007-323

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In OCCA case No. RE-2007-323, Durant appealed his conviction for the unlawful use of photographic equipment for lewd and lascivious purposes. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. To provide a bit more detail: Durant had entered a plea of no contest to a charge of second-degree rape in 2003 but received a suspended sentence. In 2005, he was charged with a new crime, which caused the state to seek to revoke his suspended sentence. After being convicted of the new offense in 2006, his suspended sentence was revoked in 2007. Durant argued that the law used to revoke his sentence was unconstitutional, that evidence against him was gathered illegally, and that there wasn't enough evidence for revocation. Later, in May 2008, the court reversed his conviction for the new crime, suggesting that his actions, though not acceptable, did not fit the legal definition of a crime. Because his suspended sentence was based only on that conviction, the court reversed the decision to revoke it.

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F-2014-478

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In OCCA case No. F-2014-478, David Glen Heard appealed his conviction for two counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction but vacated the imposition of post-imprisonment supervision. One judge dissented. David Glen Heard was found guilty of two counts of Lewd Molestation after being tried by a jury in Tulsa County. The charges stemmed from an incident on June 15, 2006, when Heard was observed behaving inappropriately towards two young girls at a Walmart store. He followed them around the store and attempted to look under their dresses. Witnesses reported his unsettling behavior, and he was later found with a pornographic magazine in his car and identified as a registered sex offender. At the time of the incident, he was on probation for previous sex-related offenses against children. During the trial, testimonies from various witnesses were presented, including a woman who testified about a similar incident involving Heard from years prior. Evidence was admitted under the law to show motive and absence of mistake, which supported the prosecution's case against him. Heard raised several arguments during his appeal, including claims that the statute he was convicted under was vague, the admission of other testimonies was inappropriate, and errors in jury instructions and the failure of his counsel to object to certain evidence. The court found that the law did not provide for a vagueness claim since Heard's actions clearly violated the statute in question. The admission of prior testimonies was ruled permissible as relevant to the case. The trial court’s instructions were also deemed not harmful to the verdict. However, the court recognized an error when ordering post-imprisonment supervision, as it was not authorized for the crimes Heard committed at the time. Thus, while his conviction was confirmed, the order for post-imprisonment supervision was vacated. Ultimately, Heard’s two twenty-year sentences were upheld due to the nature of his actions and background as a repeat offender.

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RE-2004-435

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In OCCA case No. RE-2004-435, the appellant appealed his conviction for unlawful possession of a controlled dangerous substance. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences and return the case for further proceedings. One judge dissented. In the original case, the appellant pleaded guilty to three counts involving illegal drugs. The judge sentenced him to several years in prison but suspended the sentences with conditions, including not using drugs or not violating any laws. Later, the state asked to revoke his suspended sentences because he was arrested for new drug-related crimes. The state claimed he broke the terms of his probation. During a hearing, the appellant's probation officer testified but did not have direct evidence against the appellant, like a confession or firsthand knowledge, which led to questions about the evidence's reliability. The judge revoked the appellant's probation, but the appeals court found the evidence insufficient to support this decision. They explained that the state did not provide enough solid proof that the appellant committed new crimes and emphasized the importance of the right to confront witnesses when proving probation violations. As a result, the court reversed the revocation decision and ordered the case to be sent back for further proceedings.

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F-2001-1338

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In OCCA case No. F-01-1338, Henderson appealed his conviction for Distribution of a Controlled Substance (Cocaine) and Conspiracy to Distribute a Controlled Dangerous Substance. In an unpublished decision, the court decided to affirm the conviction for Distribution of a Controlled Substance but dismissed the Conspiracy charge. One judge dissented. Henderson was found guilty by a jury of distributing cocaine and conspiracy to distribute it. The jury recommended a total sentence of thirty-five years for each count, to be served one after the other, along with a hefty fine. On appeal, Henderson raised several issues. He argued that his two convictions were unfair because they were based on the same act, leading to double punishment, which is not allowed. The court agreed with this point and dismissed the conspiracy conviction. The court noted that even though a conspiracy usually stands as a separate crime, in this case, the charges were very closely related and relied on the same actions. Because of this, the law was not followed correctly. While Henderson's other claims about the trial were considered, the judges found them to lack enough merit to change the outcome. The court concluded that enough evidence supported his conviction for distributing cocaine, so that part of the case remained in place, while the conspiracy charge was dropped. Overall, the final decision was that the court upheld the guilty verdict for distribution but reversed the conspiracy conviction.

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F-2001-55

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In OCCA case No. F-2001-55, Lawrence Ray Washington appealed his conviction for unlawful possession of marijuana and unlawful possession of money within a penal institute. In a published decision, the court decided to affirm the conviction for unlawful possession of marijuana but reversed the conviction for unlawful possession of money and instructed to dismiss that count. One judge dissented. Washington was charged with three counts: possession of marijuana and money while in prison, and assaulting a correction officer. He was found not guilty of assault but guilty on the other two counts. He received a twenty-year sentence for each count, which would be served at the same time. Washington argued that being punished for both possessions was unfair because they were closely related. The court examined the details and decided that having both items at the same time was part of one action, rather than two separate actions. As a result, they thought punishing him for both possessions was against the law. Therefore, they took away the conviction for possession of money but kept the conviction for possession of marijuana. The dissenting judges believed Washington should have been punished for both counts because the law allows for separate punishments for different kinds of contraband items, even if they are found together.

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