District Court of Caddo County Archives

F-2010-914

Post author:Staff
Post published:April 26, 2012
Post category:F

In OCCA case No. F-2010-914, Burdex appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to affirm the judgment but modified Burdex's sentence from life imprisonment to twenty years. One judge dissented. Burdex was found guilty of dealing with a fake check, and the jury decided he should serve life in prison due to his past crimes. His appeal raised several issues, including whether he received a speedy trial, if the evidence against him was strong enough, and if the judge made mistakes during the trial. The court looked at the claim for a speedy trial and used a test from a previous case. They found that he was not denied this right. They also believed there was enough evidence that showed Burdex knew the check was fake since he gave different reasons for having it. Burdex argued that the state shouldn't have used some of his old felonies to lengthen his sentence. However, the court found that the state followed the rules correctly. They said that the past felonies were not too old to be used in deciding his punishment. The court also looked into whether Burdex had good lawyers. They found no evidence that his lawyers did a bad job. Additionally, the judges decided the trial court was correct in not explaining what a life sentence meant. When it came to his sentence, the court felt that life imprisonment was too harsh for a non-violent crime. They noticed that the jury seemed to struggle with the punishment and had questions about how to decide it. Because of this, they decided to change his sentence to twenty years instead of life. In summary, the court agreed with the trial's decision to convict Burdex but felt the punishment should be lighter. One judge did not agree with changing the sentence and believed the jury's decision on punishment should stay as it was.

F-1999-1654

Post author:Staff
Post published:April 4, 2001
Post category:F

In OCCA case No. F-99-1654, Damean Ortego Tillis appealed his conviction for Unlawful Possession of Marijuana with Intent to Distribute and Feloniously Carrying a Firearm. In an unpublished decision, the court decided to modify the first conviction to Unlawful Possession of Marijuana and reduce the sentence to one year of imprisonment, which would be served consecutively with the sentence for the firearm charge. One judge dissented. Tillis was tried by jury in Caddo County and found guilty of both charges. The jury recommended a ten-year sentence for the marijuana charge and a twenty-year sentence for the firearm charge. The judge agreed to these sentences and ordered them to be served back-to-back. Tillis raised several points in his appeal. He argued that the trial court made mistakes, including admitting evidence of his previous conviction and not allowing a separate trial for the firearm charge. He claimed this hurt his chances for a fair trial. He also believed there wasn't enough evidence to prove he intended to distribute marijuana and that his sentence was too harsh. After reviewing everything, the court agreed that the trial court made a mistake by admitting evidence of Tillis's past conviction during the first part of the trial. This was against the rules because the laws say only certain previous convictions should be shared at certain stages of the trial. However, the court decided that, even with this mistake, the evidence against Tillis for possessing marijuana was strong enough to still uphold his conviction, but it should be changed to a less serious charge. For the second point, the court found no error in not telling the jury about a lack of knowledge defense regarding the firearm. They said there was no evidence to support that claim. On the third point, they agreed there wasn't enough evidence to show he wanted to distribute marijuana, so they modified that conviction to simple possession, which is less serious. Lastly, they said the sentences were not extreme, so the decision on the firearm charge stayed unchanged. In summary, Tillis's conviction for marijuana possession was lessened, and his sentence was adjusted, but the firearm conviction was maintained as originally sentenced.