Distinct Crimes

In OCCA case No. F-2017-1146, Scott Milton Donley appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse Assault and Battery. In an unpublished decision, the court decided to uphold his convictions. One judge dissented. Scott Milton Donley was found guilty of two crimes during a bench trial: Assault with a Dangerous Weapon and Domestic Abuse Assault and Battery. He received a sentence that included twenty years for the first crime and one year for the second crime, with both sentences running at the same time. Donley argued that he should not be punished for both crimes based on double jeopardy rules, meaning he shouldn’t be charged twice for what he claimed was the same act. The court examined whether there was proof for each crime that did not overlap. They found that Donley committed separate acts of pushing and slapping the victim before threatening her with a knife, which were seen as different offenses that required different evidence. Therefore, the court decided there was no double punishment. Donley also claimed there wasn't enough evidence to show he committed Assault with a Dangerous Weapon because he argued that the knife he used wasn't sharp. However, the court reviewed the evidence, including testimonies from him, the victim, and officers. They concluded that any reasonable person could find he intended to cause harm with the knife and that it was indeed a dangerous weapon. Lastly, Donley argued that he didn’t willingly give up his right to a jury trial. However, the court found clear proof that he had done so. The process was completed in court, and both he and the prosecutor waived the jury trial properly. In conclusion, the court affirmed the judgments and sentences against Donley, stating that all his claims were without merit.