District Court

RE 2002-0387

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In OCCA case No. RE 2002-0387, a person appealed his conviction for robbery with a dangerous weapon. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when the appellant pled guilty to robbery with a dangerous weapon on October 5, 2000, and received a six-year suspended sentence along with a $1,500 fine. He was also given rules to follow while on probation. A little over a year later, on January 1, 2002, the state filed a petition to revoke the appellant's suspended sentence. This meant they wanted to take away his suspended sentence because they believed he broke the rules. The hearing took place on February 27, 2002. The judge found that the appellant had violated some conditions of his probation, which led to three years being taken away from his suspended sentence. The appellant was only fifteen when he committed the crime and was still just seventeen at the time of the hearing. During the appeal, the appellant argued that the evidence the state provided was not good enough to prove he violated his probation. He also said that taking away three years of his suspended sentence was too harsh, especially since there were reasons that might lessen his punishment. The case included the fact that the appellant had not finished high school, and he had a lot of rules to follow without any support or treatment. One specific rule was that he could not hang out with people who had criminal records. The state claimed that he broke this rule by being around a certain person who had a felony conviction. However, during a trial, the appellant explained that being in a large group did not mean he was talking to or hanging out with that person. The state argued that they had enough evidence since the transcripts from another trial included the appellant's testimony. However, these transcripts were not available for the court to review in this case. In the end, the court agreed with the appellant that the evidence was not strong enough to prove he had violated the probation rules. Because of this lack of evidence, the court reversed the decision made to revoke the suspended sentence and ordered it to be dismissed.

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F 2002-101

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In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

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F-2001-1048

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In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

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F 2001-1348

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In OCCA case No. F 2001-1348, Holly Ann Glasgow appealed her conviction for two counts of Robbery by Force and Fear. In a published decision, the court decided to reverse the conviction on Count One and remand it to the district court to change the charge to Receiving Stolen Property with a reduced sentence. The conviction on Count Two was affirmed. One judge dissented.

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C-2001-514

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In OCCA case No. C-2001-514, the petitioner appealed her conviction for First Degree Murder (by permitting child abuse). In an unpublished decision, the court decided to affirm the conviction but modify the sentence from life imprisonment without the possibility of parole to a life sentence with the possibility of parole. One judge dissented.

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RE-2001-947

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In OCCA case No. RE-2001-947, the appellant appealed his conviction for indecent exposure. In a published decision, the court decided to vacate the judgment and sentence and remand the matter to the District Court of Noble County for further proceedings. One judge dissented. The story begins when the appellant entered a guilty plea for indecent exposure in 1991 and was given a suspended sentence. This means he wouldn't serve time unless he broke the rules of his probation. However, in 1999, the State said he had committed another crime while on probation and wanted to take away his suspended sentence. During the revocation hearing, it was discovered that when the appellant was sentenced, he should not have been given a suspended sentence at all because of his prior convictions. According to Oklahoma law, if someone has three or more felony convictions, they aren't allowed to receive a suspended sentence. The court noted that both the appellant and the State were aware of his criminal history, and no evidence was presented to show that he was eligible for a suspended sentence. In fact, the plea agreement that he entered into was not legal under the law. Because of these issues, the court decided that the appellant's original judgment and sentence should be vacated, meaning it was canceled. This allows the appellant a chance to withdraw his guilty plea, which he can do if he wants to go to trial for the indecent exposure charge again. If he chooses not to withdraw his plea, he will then be sentenced again, but this time, it will be done right and in accordance with the law. Ultimately, the court took this action to ensure that everything was done fairly and legally, giving the appellant a proper opportunity to have his case heard correctly in the District Court. The ruling was important in maintaining the rules around sentencing and ensuring that people with multiple convictions are treated based on the law.

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F-2001-1061

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In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.

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F-2001-338

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In OCCA case No. F-2001-338, Gene Paul Ray appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and ordered a new trial. One judge dissented. Gene Paul Ray was found guilty of two counts of Lewd Molestation but was not guilty on six other related charges. The jury gave him a punishment of ten years for each count, and those sentences would be served one after the other. Ray appealed for many reasons. He first argued that it was wrong for a special advocate to help prosecute him. He believed this went against his rights. The court agreed that this was a mistake because the advocate was not supposed to be involved in his case based on the law. The advocate acted like a second lawyer against Ray, which was unfair. Next, Ray claimed that the court made a mistake by allowing an expert to speak about “child sexual accommodation syndrome” before the victims testified. The court found that this was not done properly and that it could have made the jury more likely to believe the victims’ stories without proper evidence. Ray also said that it was wrong for the court to allow the parents of the child victims to testify about what their children said. This meant the jury heard claims of abuse more times than they should have, making the children's stories seem more believable than they might be. Ray argued that he was also unfairly treated when the court allowed the prosecution to talk about his past drinking problems to attack his character. The court agreed that this kind of information shouldn’t have been used in that way, especially since the prosecution did not show it related to the case. Finally, Ray argued that all these mistakes added up to make it impossible for him to have a fair trial. The court agreed and decided that the combination of these errors meant he wasn't treated fairly in the trial. In summary, the court decided to reverse Ray's convictions and ordered a new trial so that he could have a fair chance to defend himself in light of the mistakes that were made during the original trial.

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F-2001-936

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In OCCA case No. F-2001-936, John Edward Schoonover appealed his conviction for Committing or Permitting Child-Abuse Murder. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. John Edward Schoonover and his wife, Gilda, were charged with causing the death of a child they were trying to adopt. The trial revealed that on the day of the incident, both parents were in different locations when the child suffered a fatal injury. They gave unclear accounts about the events leading to the child's death and did not witness the actual injury. The state accused the Schoonovers of child abuse, stating that they had been considering canceling the adoption due to the child’s behavior issues. During the trial, there was a significant focus on a cassette tape that John Schoonover had asked his daughter to keep, which he claimed would prove that Gilda was responsible. The trial court allowed the prosecutor to change the charges, permitting the jury to consider whether the couple committed the murder or simply allowed it to happen. The jury convicted both on the basis of this alternative theory. John Schoonover argued that the trial court made multiple errors, including allowing this change after the evidence was presented. The court found that the evidence did not support the theory that John Schoonover knowingly allowed child abuse to happen. There was no proof that he knew of any potential for harm or that he could have stopped it. Because the jury had to consider multiple theories in their decision without clear evidence supporting one over the others, the court decided it was impossible to determine how the jury reached its conclusion. The final decision was to reverse the conviction and send the case back for a new trial.

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RE 2001-1070

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In OCCA case No. RE 2001-1070, Billy Joe Baldwin appealed his conviction for Knowingly Concealing Stolen Property, Feloniously Pointing a Weapon, and Unauthorized Use of a Vehicle. In a published decision, the court decided to affirm the revocation of Baldwin's suspended sentences but modified the sentences to one year revoked with the remainder suspended, to run concurrently. One judge dissented.

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RE-2001-1120

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In OCCA case No. RE-2001-1120, Mitchell Wayne Pate appealed his conviction for Felony Omission to Provide for a Child. In a published decision, the court decided to modify the partial revocation of his suspended sentence. The State agreed that the appeal had merit, and the court changed the previous decision to state that only one year and six months of Pate's suspended sentence is revoked.

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F-2001-503

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In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

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F-2001-934

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In OCCA case No. F-2001-934, Guy Franklin Randell appealed his conviction for Lewd Molestation. In a published decision, the court decided to affirm the judgment but remand the matter for further proceedings regarding certain fees. One judge dissented. Randell was found guilty in a bench trial, meaning a judge, not a jury, decided his case. He was sentenced to twenty years in prison, with five years of that suspended, which means he won’t have to serve those five years if he meets certain conditions. He also had to pay a fine and other costs related to his court case. Randell raised several arguments on appeal. He claimed that the testimony of the victim was not reliable and needed more support to be believed. The court looked at the evidence and decided that while there were some inconsistencies in the victim's statements, they were still enough to uphold the conviction. He also challenged the costs that were added to his sentence, particularly the fees for his time in jail. The court concluded that even though the prosecution had requested these fees, there was not enough evidence to support how they were calculated. Therefore, the court decided to remove those specific fees and send the case back for a hearing to figure out the correct costs. In summary, the court upheld Randell’s conviction but disagreed with some financial aspects of his sentencing, which will be reassessed in the lower court.

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C-2001-1216

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In OCCA case No. C-2001-1216, Jessica Melissa Woods appealed her conviction for Injury to a Minor Child. In an unpublished decision, the court decided to affirm the district court's denial of her application to withdraw her guilty plea. One judge dissented. Jessica entered a blind plea of guilty, which means she admitted her guilt without a deal or agreement. The trial judge sentenced her to twenty years in prison but suspended ten years of that sentence, which allowed her to not serve that time unless she got in trouble again. Jessica later wanted to take back her guilty plea because she felt her mental condition affected her decision. She asked the court to let her do this, but the court said no. They looked at her case and decided that she had entered the plea knowingly and willingly, meaning she understood what she was doing when she agreed to plead guilty. Jessica also wanted help with paying certain fees, including for restitution (money paid to victims), a Victim's Compensation Assessment, and a fee for preparing transcripts (written records of court proceedings). The court found that she did not have enough evidence to change the orders about the payments for restitution and the Victim's Compensation Assessment, so that part was not changed. However, they agreed to modify the fee for the transcript since the court had said she was too poor to pay for it herself. In the end, the court decided that Jessica would still have to deal with the twenty years of sentencing, but it would change the transcript preparation fee to a lower amount. They confirmed the earlier court's decision and denied her request to change her plea.

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J 2002-0247

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In OCCA case No. J 2002-0247, A.B.H. appealed his conviction for Assault and Battery With A Deadly Weapon With Intent To Kill. In a published decision, the court decided to reverse the order that allowed the State to sentence him as an adult. One judge dissented. A.B.H. was charged as a Youthful Offender and the State wanted him to be tried and sentenced as an adult. There was a hearing to discuss this, and the judge decided to allow the State's request. A.B.H. argued that this was not fair because the judge did not properly consider if he could be rehabilitated as a youthful offender. The court looked at the evidence, including studies that showed A.B.H. could complete a plan for rehabilitation and that the public would be safe if he was treated as a youthful offender. Because the State did not provide strong evidence to support trying him as an adult, the court decided to reverse that decision and send the case back for further action.

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F 2001-465

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In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.

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RE-2001-749

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In OCCA case No. RE-2001-749, Lloyd Samuel Heath, Jr. appealed his conviction for the revocation of suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. Lloyd Samuel Heath, Jr. had originally entered a guilty plea for Second Degree Burglary and Concealing Stolen Property in 1993. He was given three years of imprisonment on both charges, but these sentences were suspended, meaning he wouldn’t go to jail if he followed certain rules. However, he committed another crime in 1993, which violated the terms of his suspended sentences. In 1994, the State applied to revoke his suspended sentences because of this new crime. There was a significant delay before the hearing actually took place. Heath was not given a hearing until 2000, which was almost six years after the application to revoke was filed. He argued that the State did not act quickly enough and that this delay meant the revocation should not happen. The State admitted that they had made a mistake and agreed with Heath’s concerns about the delay. The court agreed with Heath’s argument and decided to reverse the order that revoked his suspended sentence. They also instructed the lower court to dismiss the case. The decision meant that Heath’s original sentences were not enforced, and he would not have to serve them because the State did not handle the process in a timely manner.

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C-2001-1425

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In OCCA case No. C-2001-1425, Byron Lynn White appealed his conviction for First Degree Murder. In a published decision, the court decided to remand the case for a proper hearing on White's motion to withdraw his guilty plea. White dissented.

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F-2001-264

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In OCCA case No. F-2001-264, Gavin Lee Hawkins appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the conviction for one count and modify the sentence for the other count. One judge dissented. Gavin Lee Hawkins was found guilty of two counts of lewd molestation in Grady County. The jury sentenced him to serve ten years for the first count and twenty years for the second count, with both sentences to be served one after the other. Hawkins appealed, raising several issues he believed were errors that affected his trial. First, Hawkins argued that the prosecutor made a mistake during her closing arguments, which he thought was serious enough to affect the outcome of the case. The court agreed that the closing argument was improper and decided to change the twenty-year sentence for the second count to ten years. Next, Hawkins claimed that the trial court did not consider all the options when deciding his sentence. However, the court found no evidence that the trial court failed to do its job correctly in this regard. Hawkins also said he should have been allowed to call a witness named Bianca Thomas, but the court decided that the trial judge acted within reason when excluding her from testifying. Lastly, Hawkins felt that his lawyer did not help him properly during the trial. While the court agreed that his lawyer's performance was not up to standard, they concluded that it did not negatively impact Hawkins's case overall. Ultimately, the court affirmed the decision for the first count of lewd molestation and adjusted the sentence for the second count to ten years, while still keeping the sentence structure as ordered by the lower court.

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F-2001-281

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In OCCA case No. F-2001-281, Jimmy Lee Mullins appealed his conviction for Second Degree Murder, Leaving the Scene of an Accident involving Death, and Leaving the Scene of an Accident involving Non-Fatal Personal Injuries. In a published decision, the court decided that Mullins's conviction for Leaving the Scene of an Accident involving Non-Fatal Personal Injuries should be reversed and dismissed. The court confirmed his convictions for Second Degree Murder and Leaving the Scene of an Accident involving Death. One judge dissented.

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F-2001-649

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In OCCA case No. RE-2001-649 and RE-2001-650, the appellant appealed his conviction for violating probation conditions. In an unpublished decision, the court decided to affirm the revocation of the suspended sentence; however, it instructed the lower court to make a correction regarding the time remaining on one of the sentences. One judge dissented. The case started back in 1996 when the appellant took a plea deal for a charge related to pointing a firearm and was given a ten-year sentence that was suspended while he was on probation. However, by 1996, five years of this probation was revoked due to several violations. In 2000, the state accused the appellant of more violations, including failing to report to his probation officer, moving without notice, and using marijuana. The court initially delayed proceedings, offering a chance for the appellant to meet specific conditions like paying fees and performing community service, which if completed, would see the revocation dismissed. Later in June 2000, the appellant pleaded guilty to another charge related to neglecting to provide for a child, receiving another suspended sentence. Following this, the state claimed he violated his probation again by committing new offenses. In February 2001, further violations were noted which included again not paying fees or attending required programs. A hearing took place where the court ultimately decided to revoke all of the appellant's suspended sentences. The appellant argued that the court was wrong to revoke his entire sentence given the circumstances, but the court found sufficient evidence that he violated probation rules. The appeal confirmed that the appellant had multiple opportunities to meet the probation requirements but did not follow through. While the court affirmed the revocation, it recognized that the appellant’s remaining time on one of the sentences was less than what the trial court indicated and ordered a correction about it.

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RE-2001-650

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In OCCA case No. RE-2001-649, RE-2001-650, the appellant appealed his conviction for revoking a suspended sentence. In a published decision, the court decided to uphold the revocation of the suspended sentences but instructed the lower court to correct the time remaining on one of the sentences. One judge dissented. The case involved an individual who had previously been convicted of pointing a firearm and was given a ten-year sentence that was suspended, meaning he did not have to go to jail right away if he followed the rules set by the court. Unfortunately, the appellant broke several of these rules, which led to the first part of his suspended sentence being revoked after five years. Later, he committed new offenses while still on probation, including not reporting to his probation officer and testing positive for drugs. Because of these additional violations, the state filed applications to revoke the remainder of his suspended sentence. In court hearings, the appellant was given chances to show he could follow the rules, but he did not meet the requirements set by the court, leading to the revocation of both suspended sentences. The court found there was enough evidence to show he had violated his probation. However, the appellant argued that the court made a mistake by sentencing him to serve a full five years in one part of his case when he had less than five years left. The state agreed with this point, and the appeals court ruled to correct the time he should actually serve. Overall, the court decided that the revocation was justified due to multiple violations. The case shows the importance of following court rules after a suspended sentence is given.

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F-2001-336

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In OCCA case No. F-2001-336, Roger Allen Eddy, Jr. appealed his conviction for manufacturing methamphetamine, possession of a precursor substance, possession of methamphetamine, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to affirm his conviction for manufacturing methamphetamine, reverse his convictions for possession of a precursor substance and possession of methamphetamine, and modify his sentence for possession of a firearm to five years. One member of the court dissented.

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M-2001-174

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In OCCA case No. M-2001-174, the appellant appealed his conviction for unlawful possession of paraphernalia (a crack pipe). In a published decision, the court decided to reverse the conviction and remand for a new trial. Two judges dissented. The case began when the appellant was found guilty after a jury trial in Tulsa County. The judge sentenced him to one year in jail and a $1,000 fine, which was the maximum for this crime. The appellant raised several points of error in his appeal, including claims that his rights to represent himself were violated, and that the evidence against him was insufficient. During the trial process, the appellant continuously expressed his desire to represent himself. However, several judges denied his requests, primarily because they believed he might be at a disadvantage without a lawyer. The court ultimately found that the denial of the right to self-representation is a serious issue, which could result in an automatic reversal of a conviction. In examining the evidence, the court noted that while the appellant was in a motel room where the crack pipe was found, it wasn’t enough to support the conviction. The main issues that prompted the reversal were related to the appellant's right to represent himself. The court ruled that the previous decisions denying this right were not valid grounds. The absence of a warning about self-representation conduct and the lack of clarity about the rights involved led the court to conclude that the appellant's conviction could not stand. Therefore, the court ordered a new trial, allowing the appellant the chance to properly represent himself if he chose to.

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C-2001-665

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In OCCA case No. C-2001-665, the petitioner appealed his conviction for indecent exposure. In a published decision, the court decided to grant the petitioner the ability to withdraw his guilty plea and vacate his conviction. One judge dissented. The petitioner, who had been originally charged with three counts of sexual abuse of a minor child, reached a plea agreement where the charges were reduced. He pled guilty to the lesser offense of indecent exposure and received a 20-year prison sentence, which was the minimum possible. Later, he wanted to withdraw his guilty plea, claiming that he had been misled about the prison time he would actually serve. He argued that he was incorrectly informed he would have to serve 85% of his sentence if he went to trial, which was not true for his case. The court found that the misinformation affected his decision to plead guilty even though he had also given contradictory statements during the hearings. The court ultimately ruled that because he was misinformed, his guilty plea was not entered knowingly and voluntarily. As a result, his conviction was vacated, and he was allowed to withdraw his plea.

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