District Judge

RE-2002-580

  • Post author:
  • Post category:RE

In OCCA case No. RE-2002-580, Garcia appealed his conviction for obtaining money by means of a false check. In a published decision, the court decided to reverse the acceleration of Garcia’s deferred sentencing and sent the matter back for further proceedings. One judge dissented. Here is what happened in simpler terms: Garcia was found guilty of a crime and got a chance to avoid a harsh punishment by being put on probation for five years. But a short time after starting probation, the state said he broke the rules, so they wanted to give him a tougher punishment. The judge first made sure Garcia was mentally okay to understand what was happening and to help in his defense. After deciding he was competent, the judge allowed the hearing to continue without first ensuring that Garcia had a lawyer present. During a later hearing, it was found that Garcia indeed had violated probation, and he was sentenced to a year in jail and a fine. Garcia argued that the judge should not have moved ahead with the case without following the proper steps, especially regarding his right to have a lawyer. The court agreed with Garcia’s point. They decided that the earlier decision to make his sentence tougher was not done correctly. So, the court reversed the punishment and sent the case back to make sure Garcia had a lawyer and that all the necessary rules were followed in the next steps.

Continue ReadingRE-2002-580

F 2001-1497

  • Post author:
  • Post category:F

In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

Continue ReadingF 2001-1497

F-2001-1517

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1517, Paul Nathan Johnson appealed his conviction for multiple counts related to drug offenses, including Attempt to Manufacture Methamphetamine and Possession of Methamphetamine Within 1000 Feet of a School. In an unpublished decision, the court decided to affirm Johnson's convictions and sentences but vacated the fine imposed for one of the charges. One judge dissented. The case involved Johnson being found guilty of trying to make methamphetamine and having it near a school. He was also charged with having a gun while committing these crimes and having tools used for drug-making. The trial judge gave Johnson a long sentence and hefty fines based on the jury's recommendations. Johnson raised several complaints in his appeal. First, he argued that being convicted for both trying to make meth and having it near a school was unfair. The court decided that both charges were different enough that he could be found guilty of both without it being double punishment. Next, Johnson claimed there wasn't enough proof that he had a gun ready to use while making drugs. However, the court found that there was enough evidence showing he had the gun where he could easily get to it. Johnson also argued that he didn't really start making meth yet. The court disagreed and stated that the evidence showed he was past just planning and was actively attempting to make the drug. Finally, Johnson felt that his sentences were too harsh. The court decided that the judge acted within their rights in giving Johnson the sentences and fines, except for one fine, which they deemed not allowed by the law. In the end, the court confirmed most of Johnson's convictions and sentences but removed the extra fine related to one of the charges.

Continue ReadingF-2001-1517

F 2000-740

  • Post author:
  • Post category:F

In OCCA case No. F 2000-740, the appellant appealed his conviction for Attempted Escape. In a published decision, the court decided to affirm the conviction but modified the sentence from three and a half years to two years imprisonment. Two judges dissented regarding the sentence modification. The case involved the appellant trying to escape from a private prison that was not officially recognized as a penitentiary. The court determined that the appellant should have been charged under a specific law concerning attempted escapes from non-penitentiary facilities. After reviewing the case, the judges concluded that while the conviction was valid, the original sentence was excessive since the appropriate law related to his actions was different than what was originally applied.

Continue ReadingF 2000-740

F-2000-692

  • Post author:
  • Post category:F

In OCCA case No. F-2000-692, Donald Gean Miller appealed his conviction for escape from the county jail and injury to a public building. In an unpublished decision, the court decided to affirm the conviction for escape but modified the sentence for injury to a public building to run concurrently with the escape sentence. One judge dissented, suggesting that the sentence for the escape conviction be reduced from 200 years to 45 years and believed that the injury to a public building conviction violated legal statutes.

Continue ReadingF-2000-692