Criminal Offenses

RE-2018-1233

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In OCCA case No. RE-2018-1233, Joice appealed his conviction for obtaining cash or merchandise by bogus check/false pretenses. In an unpublished decision, the court decided to vacate the order revoking Joice's suspended sentence and remanded the case to the District Court with instructions to dismiss the State's application to revoke with prejudice. One judge dissented. Joice had originally entered a guilty plea in 2013 for writing a bogus check and received a twenty-year sentence, which was all suspended, meaning he would not serve time in prison if he followed the rules of his probation. However, in 2018, the State claimed he broke the rules of his probation and sought to revoke his suspended sentence. During the hearings, Joice argued that the original sentence was too long and that the State filed their application to revoke his probation too late. He also said his lawyer did not help him properly by not questioning the judge’s decision to revoke his sentence. The court agreed there were major issues with his original sentence and that the State was too late in trying to revoke it. They found that Joice did not get good legal help at his revocation hearing. Since the court recognized that the original sentence was illegal and the State's request to change it came too late, they decided to dismiss the application to revoke Joice’s probation. This means he won't have to serve time because the conditions under which his probation could be revoked were not met correctly.

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RE-2018-1039

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **FRANK REVILLA PAIZ, JR.,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. --- **Case No. RE-2018-1039** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 12 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** On January 4, 2017, Appellant Frank Revilla Paiz, Jr., represented by counsel, entered guilty pleas to multiple charges including Possession of CDS - Methamphetamine (Count 2), Unlawful Possession of Drug Paraphernalia (Count 4), Driving Without a Driver's License (Count 5), Failure to Maintain Insurance or Security (Count 6), and Failure to Pay Taxes Due to the State (Count 7) in Woodward County Case No. CF-2016-114. He received an eight-year sentence for Count 2 and a one-year sentence for Count 4, with all but the first year suspended, subject to probation conditions. Sentences were concurrent. On the same day, Paiz pleaded guilty in Woodward County Case No. CF-2016-117 to Possession of Controlled Dangerous Substance - Methamphetamine (Count 1) and Unlawful Possession of Drug Paraphernalia (Count 2), receiving similar sentences. On June 2, 2017, the State filed an Application to Revoke Paiz's suspended sentences in Cases CF-2016-114 and CF-2016-117, citing new charges for Possession of Controlled Dangerous Substance in Case No. CF-2017-142 and failure to pay court costs. Paiz pled guilty to the new offense, receiving a suspended sentence of ten years, contingent on completing a drug treatment program. The State filed another Application to Revoke on August 14, 2018, due to new charges of Carrying Weapons and violations of probation. Following a revocation hearing on September 28, 2018, Paiz stipulated to the allegations, leading to the revocation of approximately 2,495 days of suspended sentences by the District Court of Woodward County. Paiz appeals, arguing the revocation was excessive and constitutes an abuse of discretion. He cites that simple possession became a misdemeanor effective July 1, 2017, and criticizes the court for not exploring alternate sanctions. The scope of review in a revocation appeal focuses on the validity of the revocation order. This Court has held that even a single violation justifies revocation. Paiz admitted to multiple violations and new criminal activity, justifying the District Court's actions. **DECISION**: The revocation of Paiz's suspended sentences in Woodward County Case Nos. CF-2016-114, CF-2016-117, and CF-2017-142 is **AFFIRMED**. **Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon delivery and filing of this decision.** **AN APPEAL FROM THE DISTRICT COURT OF WOODWARD COUNTY, THE HONORABLE DON A. WORK, ASSOCIATE DISTRICT JUDGE** --- **APPEARANCES AT TRIAL:** **CURTIS BUSSETT, ATTORNEY AT LAW** P.O. BOX 1494 CLINTON, OK 73601 **COUNSEL FOR DEFENDANT** **APPEARANCES ON APPEAL:** **CHAD JOHNSON** P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR APPELLANT** **SUSAN K. MEINDERS** **MIKE HUNTER** ASST. DISTRICT ATTORNEY WOODWARD COUNTY 1600 MAIN STREET WOODWARD, OK 73801 **COUNSEL FOR THE STATE** **CAROLINE E.J. HUNT** ASST. ATTORNEY GENERAL 313 N.E. 21 ST STREET OKLAHOMA CITY, OK 73105 **COUNSEL FOR APPELLEE** **OPINION BY: ROWLAND, J.:** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1039_1734355896.pdf)

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F-2014-942

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In OCCA case No. F-2014-942, Eric Josiah Mardis appealed his conviction for Lewd Acts With a Child Under Sixteen and Engaging in a Pattern of Criminal Offenses in Two or More Counties. In a published decision, the court decided to affirm his convictions but modify his sentences. Two judges dissented regarding the sentence modification. Mardis was found guilty by a jury for multiple counts of lewd acts against a child and received very harsh sentences of 100 years for each of the first five counts and 2 years for the last count, which were to be served one after the other. He questioned the fairness of his trial by stating that the prosecution used information from his mental health records improperly. The court found that while the trial had some errors, they did not significantly harm the fairness of the trial regarding his guilt. However, these errors did affect how the jury decided on his punishment, leading to a modification of those sentences. In his appeal, Mardis raised several concerns, including that his long sentences were cruel and unusual since he was a minor when he committed the offenses. The court noted that he was not given a sentence of life without parole and would have a chance for parole after serving part of his sentence. This meant he had an opportunity for early release based on his behavior and rehabilitation. Mardis also questioned whether there was enough evidence to support his convictions and claimed that his right to confront witnesses was violated when the testimony of a physician’s associate was allowed. The court rejected these claims, finding that there was sufficient evidence to support the jury's decision and that the use of some statements for medical diagnosis purposes did not violate his rights. In summary, his convictions were upheld, but due to the mistakes made during the trial, Mardis's sentences were reduced to 50 years each for the first five counts. This means he would serve a total of 52 years with the last count included. The final decision reflected the need for a fair process while recognizing the severe nature of the crimes committed. Mardis's appeal was partially successful, leading to a lesser punishment than initially given, which was seen as a fair outcome given the legal issues at hand.

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S-2012-834

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

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RE 2012-0259

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In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

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F-2003-505

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In OCCA case No. F-2003-505, the appellant appealed his conviction for Maintaining a Place for Keeping/Selling Controlled Substances. In an unpublished decision, the court decided that a new trial was required because the jury was not properly instructed about the elements necessary for a felony conviction. The appellant argued that the jury was not asked whether he knowingly or intentionally maintained a place for keeping controlled substances, which was important for the severity of the penalty. Thus, the decision to impose a five-year prison sentence and a fine of $10,000 exceeded what the law allowed. Therefore, the court reversed the appellant's conviction and sent the case back for a new trial. One judge dissented from this decision.

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