Domestic Assault

RE-2021-1290

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In OCCA case No. RE-2021-1290, Vernon Shawn Miller, Jr. appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the order revoking Miller's suspended sentences but vacated the part of the order that imposed post-imprisonment supervision. One member of the court dissented. Vernon Shawn Miller, Jr. had a serious legal history. He pleaded guilty to multiple charges, including kidnapping and domestic assault, and was given a sentence but had part of it suspended after he completed a special drug program. However, in August 2021, the State filed a motion to revoke his suspended sentence because he broke the rules of his probation, which included failing to complete a required assessment and getting arrested for a new crime. The trial court held a hearing and decided to revoke all of Miller's suspended sentence. Miller argued against this decision, claiming it violated the rules because he should not serve more time than the sentence he was given. The court explained during the hearing that it intended to revoke all of the suspended time left on his sentence. Miller raised several arguments during his appeal. He thought the sentence should not exceed what he had left to serve and believed that the facts used to revoke his sentence came from an earlier trial rather than the hearing itself. Miller also said he did not get good help from his lawyer during the process. The court reviewed Miller's arguments closely. It confirmed that the judge's decision to revoke the entire suspended sentence was valid and within their rights. They found no specific errors in what the trial court did, except for the imposition of post-imprisonment supervision, which should not have been added since it was not part of the original sentence. In the end, the court upheld the revocation of Miller's suspended sentence but removed the part about post-imprisonment supervision, meaning Miller had to serve the time his sentence required without additional conditions.

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F-2021-1220

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In OCCA case No. F-2021-1220, Aaron Struble appealed his conviction for Domestic Assault and Battery by Strangulation, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment but remand the case for resentencing to fifty years imprisonment, as originally assessed by the jury. One judge dissented. Struble was found guilty by a jury, which sentenced him to fifty years in prison. However, the trial court changed this sentence to life in prison, stating that the fifty years exceeded the maximum allowed. This was incorrect, as the fifty-year sentence was valid. The court acknowledged that the jury did not exceed the legal limits, and that the trial court’s change to life imprisonment was a mistake. Therefore, the case was sent back for proper sentencing. Struble also claimed that the prosecutor’s questions aimed at making the victim seem more sympathetic affected his right to a fair trial. However, since there were no objections during the trial to these questions, the court only looked for plain error. They determined that no major error had occurred in this matter. In summary, the court upheld the jury's conviction but pointed out the wrongfulness of the life sentence imposed by the trial court, sending the case back for the jury's original sentence to take effect.

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S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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RE-2019-42

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In OCCA case No. CF-2012-206, the appellant appealed his conviction for violating the terms of his suspended sentence. In a published decision, the court affirmed the revocation of his suspended sentence. The appellant failed to pay restitution and supervision fees, and he was found guilty of a new crime, Domestic Assault and Battery by Strangulation. The trial court did not abuse its discretion in revoking the sentence based on these violations. One judge dissented, arguing that the appellant’s failure to pay was not willful and should have been considered.

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RE-2018-1006

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-1006** **Jose Adolfo Rios, Appellant,** **vs.** **The State of Oklahoma, Appellee.** **Summary Opinion** **Judge Lumpkin:** Appellant, Jose Adolfo Rios, appeals from the revocation in full of his concurrent ten-year suspended sentences in Case No. CF-2006-6132. The Honorable Ray C. Elliott, District Judge, ruled on this matter. On April 4, 2008, Appellant entered a guilty plea to two counts of Rape in the First Degree and two counts of Indecent or Lewd Acts With a Child Under Sixteen, resulting in sentences of twenty-two years for the rape counts (with the first twelve years suspended) and twenty years for the lewd acts counts (with the first ten years suspended), all to run concurrently. On July 25, 2018, the State filed an Application to Revoke Suspended Sentence, asserting multiple violations of probation, including failing to report, change of address, pay supervision fees, attend mandated treatment, and committing a new crime—Domestic Assault and Battery With a Dangerous Weapon. During the revocation hearing before Judge Elliott, substantial evidence was presented regarding Appellant's violation of probation terms, including testimonies from Appellant’s probation officer and other evidence illustrating Appellant's failure to comply with treatment and reporting requirements. Appellant testified about personal struggles following a crime in which he was a victim, stating he had fallen victim to substance abuse and homelessness. After reviewing the evidence, Judge Elliott found sufficient basis to revoke the suspended sentences, having established by a preponderance of the evidence that Appellant had committed multiple violations, including failing to report and failing to attend treatment. **Proposition of Error:** Appellant argues that the trial court abused its discretion in fully revoking his sentence, asserting that Judge Elliott did not adequately consider alternatives to full revocation. **Analysis:** The decision to revoke a suspended sentence is within the discretion of the trial court and will not be overturned without evidence of abuse of that discretion. Here, Judge Elliott had unrefuted evidence of Appellant's violations. The record demonstrates that Appellant acknowledged his failures and did not meet the terms of probation. While Appellant claimed that less severe measures should have been considered, the applicable statutes do not mandate such considerations during revocation proceedings. As such, Appellant has not demonstrated that the trial court erred or abused its discretion in revoking the sentences in full. **Decision:** The order of the District Court of Oklahoma County revoking Appellant's concurrent ten-year suspended sentences is AFFIRMED. **Appearances:** **For Appellant:** Ben Munda, Assistant Public Defender Hallie Elizabeth Bovos, Assistant Public Defender 320 Robert S. Kerr, Suite 400 Oklahoma City, OK 73102 **For the State:** Suzanne Lavenue, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma Tessa L. Henry, Assistant Attorney General 320 Robert S. Kerr, Suite 505 Oklahoma City, OK 73102 **Opinion By:** Lumpkin, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. MANDATE is ORDERED issued upon the filing of this decision. [Download Full Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1006_1734358375.pdf)

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C-2019-132

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **THE STATE OF OKLAHOMA** **Case No. C-2019-132** **Filed: October 31, 2019** **JOHN D. HADDEN, CLERK** --- **JAMES ROBERT BROWN,** **Petitioner,** **v.** **STATE OF OKLAHOMA,** **Respondent.** --- *SUMMARY OPINION DENYING CERTIORARI* **HUDSON, JUDGE:** Petitioner James Robert Brown was charged with Domestic Assault and Battery with a Dangerous Weapon in Garfield County District Court, Case No. CF-2018-496, following prior felony convictions. On December 17, 2018, he entered a negotiated guilty plea before Judge Paul K. Woodward, who sentenced him to six years in prison, including credit for time served and ordered various fees and costs. Subsequently, Brown attempted to withdraw his guilty plea through a pro se motion filed on January 9, 2019. After a hearing on February 7, 2019, where Brown and his plea counsel testified, Judge Woodward denied the motion. Brown now seeks a writ of certiorari alleging: 1. He did not have access to discovery materials prior to his plea, thus could not knowingly and voluntarily plead guilty. 2. He received ineffective assistance of counsel. Upon reviewing the record, transcripts, and the petition, we find that no relief is warranted. **Certiorari Review Standard:** Review is limited to whether the plea was entered voluntarily and intelligently before a competent court. Brown's letter, which was delayed in reaching the judge, was deemed timely. The denial of a motion to withdraw a plea is reviewed for abuse of discretion, defined as an arbitrary action without proper consideration of relevant facts and law. The burden lies with the petitioner to demonstrate a defect in the plea process. **Proposition I:** Brown asserts he was unaware of the State's case when pleading. The record contradicts this claim, showing he chose to proceed with the plea despite not having the requested discovery. Brown was informed of the charge involving a knife in the assault. His desire for additional information does not undermine the voluntary nature of his plea. The trial court's conclusion that Brown's plea was knowingly and voluntarily entered is well-supported. Proposition I is denied. **Proposition II:** To establish ineffective assistance of counsel, Brown must show both deficient performance and resultant prejudice. Brown claims his attorney's failure to provide discovery information led him to plead guilty. However, since we found the plea was knowingly and voluntarily entered, he cannot demonstrate Strickland prejudice—the necessary negative impact on his defense. Therefore, Proposition II is also denied. **DECISION:** The Petition for Writ of Certiorari is DENIED, and the Judgment and Sentence of the District Court is AFFIRMED. The mandate shall be issued upon this decision's filing. --- **APPEARANCES:** - **Counsel for Petitioner:** Timothy R. Beebe, Norman, OK - **Counsel for Defendant (Plea):** Mark P. Hoover, Enid, OK - **Counsel for Defendant (Motion to Withdraw):** Benjamin Barker, Enid, OK - **Counsel for the State:** Irene N. Asai, Assistant District Attorney, Garfield County Courthouse, Enid, OK **Opinion by:** Hudson, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Lumpkin, J.; Rowland, J. *For the complete opinion in PDF format, click [here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2019-132_1734231422.pdf).*

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F-2018-322

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In OCCA case No. F-2018-322, Juan Carlos Renovato-Juaregui appealed his conviction for assault and battery with intent to kill and domestic assault and battery resulting in great bodily harm. In an unpublished decision, the court decided to affirm the judgment and sentence. Judge Drummond merged the two counts into one, sentencing him to fifteen years in prison with credit for time served. The court found that the claims of ineffective assistance of counsel and prosecutorial misconduct did not require reversal of the conviction. No judges dissented.

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for Domestic Assault and Battery After Prior Conviction, Domestic Assault and Battery by Strangulation, and Kidnapping. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court to correct inconsistencies in the sentencing documents. One judge dissented.

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RE 2018-0457

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In OCCA case No. RE 2018-0457, Tommy Lee Tucker appealed his conviction for domestic assault and battery along with other charges. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but remanded the case to the District Court for further proceedings to fix some inconsistencies in the records. One judge dissented.

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F-2018-411

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In OCCA case No. F-2018-411, Joey Elijo Adames appealed his conviction for Conspiracy to Distribute a Controlled Dangerous Substance and Unlawful Possession of a Firearm by a Convicted Felon. In a published decision, the court decided to uphold his convictions and the order revoking his suspended sentences. One judge dissented. The case began when Adames was charged with several serious offenses. After a trial, a jury found him guilty, and he was sentenced to a total of 45 years in prison. This included 35 years for the conspiracy charge and 10 years for the gun possession charge, and the sentences were ordered to be served one after the other. Adames had previous felony convictions, which affected his sentences. Furthermore, Adames had prior suspended sentences due to earlier charges, including Domestic Assault and Battery with a Dangerous Weapon. The state decided to revoke those suspended sentences after Adames committed the new crimes. During the trial, Adames argued that the prosecutor acted unfairly by making comments that hinted he should have testified, which he did not. He believed this made it hard for him to get a fair trial. However, the court examined Adames' claims. They found that the prosecutor’s comments did not directly force attention to the fact he did not testify and were within the acceptable limits of court arguments. The judges believed the jury was properly instructed to not hold his silence against him, and thus they did not see an error in the trial process. Adames also complained about the sentencing part of the trial, saying the prosecutor made remarks that were inappropriate and could have influenced the jury to give him a harsher sentence. Again, the court found that the comments focused more on his past behavior and did not unfairly sway the jury’s decision. Lastly, about the revocation of Adames' previous suspended sentences, he argued that he should have had a hearing within 20 days after pleading not guilty to the revocation. The court reviewed the record and concluded that Adames had waived his right to that fast hearing when he entered his plea of not guilty. Therefore, the court ruled that since no rule was broken, the revocation of his suspended sentence was valid. In summary, the court found no significant errors in Adames' trial or the revocation order. As a result, his convictions and the revocation of his suspended sentences were upheld, affirming the decisions made by the lower court.

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RE-2018-30

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The case presented involves Marty Wayne Green, who appealed the termination of his participation in the Seminole County Anna McBride Court Program after a series of violations related to his plea agreement and mental health treatment. Here's a summary of the court's findings and rulings: 1. **Background**: Green pleaded guilty to Domestic Assault and Battery by Strangulation and was sentenced to a suspended seven-year prison term. He entered the Anna McBride Court Program as part of his sentence. 2. **Violation Allegations**: The State filed a motion to revoke his suspended sentence, alleging that Green had failed to comply with program requirements, including not attending counseling sessions, testing positive for substances, and committing new offenses. 3. **Hearing Outcome**: After hearing the motion, District Judge George W. Butner terminated Green's participation in the mental health court program based on these violations and sentenced him to the full term of imprisonment. 4. **Propositions on Appeal**: - **Proposition I**: Green argued he should be credited for time served. The court ruled against this, clarifying that since he was not sentenced under the Oklahoma Community Sentencing Act, he had no entitlement to such credit. - **Proposition II**: This proposition did not challenge the validity of the termination order and was deemed improperly before the court. It did not affect the legality of the termination itself. - **Proposition III**: Green contended that the trial court abused its discretion by not seeking lesser sanctions before terminating his participation. The court found that the judge had discretion to terminate the program due to Green's repeated violations and potential danger to himself and others. 5. **Conclusion**: The court affirmed the termination of Green's participation in the Anna McBride Court Program, ruling that the judge acted within his discretion based on the facts presented and the violations of the program. The final decision upheld the termination, emphasizing the importance of compliance with mental health treatment programs and the discretion of judges in such cases. The ruling highlights the responsibility of participants in such programs to adhere to established agreements and the potential consequences of failing to comply.

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F-2018-243

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In OCCA case No. F-2018-243, Ivan Luna-Gonzales appealed his conviction for Domestic Assault and Battery with a Dangerous Weapon. In a published decision, the court decided to affirm the trial court's judgment and sentence. One judge dissented. The case involved a serious incident where Luna-Gonzales attacked the mother of his child with a two-by-four, causing her significant injuries that required medical treatment. After the attack, he attempted to escape but was later found by the police. At the trial, Luna-Gonzales denied the assault and tried to claim that the victim had hurt herself. However, the evidence presented showed otherwise. A central issue in the appeal was whether Luna-Gonzales should receive credit for the time he spent in jail while awaiting his trial. He argued that the trial court made a mistake by not giving him this credit. The relevant law states that certain credits for time served apply but focus on time after sentencing—not while someone is waiting for their trial. The court explained that the statute referenced by Luna-Gonzales did not apply to the time he spent in jail before his judgment and sentence. Instead, it was meant to address the time inmates spend in jail after sentencing. The court emphasized that the trial judge has the discretion to decide on jail credit, which is not automatically given. In Luna-Gonzales’s case, the court found no fault with the trial court's decision. His longer time in jail was largely due to an immigration hold, which prevented his release. The court also noted that he did not cooperate with a required investigation before sentencing. Therefore, the court concluded that the trial court acted within its rights, and the appeal was denied. Ultimately, the judgment from the Payne County District Court was upheld, meaning Luna-Gonzales would serve his sentence without the additional jail credits he sought.

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F-2017-1247

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In OCCA case No. F-2017-1247, Michael Wesley Watters appealed his conviction for Child Abuse by Injury and Misdemeanor Domestic Assault and Battery in the Presence of a Minor. In an unpublished decision, the court decided to affirm the district court's order to accelerate Watters' deferred judgment and sentencing. There was one dissenting opinion. Watters had entered a plea of no contest for his charges and was given a deferred judgment. This meant that if he followed the rules for a certain period, he would not have to serve time. However, the state claimed that he violated the terms of his deferred sentence, which led to this appeal. The court examined various issues presented by Watters regarding his case, including whether there was enough evidence for his probation violation, if the judge used proper evidence to make decisions, and if he received fair representation from his lawyer. The court found that the state's evidence, which included testimony from Watters' former spouse, was sufficient to show that he had violated a protective order. It also decided that while some issues regarding how jail costs were calculated were raised, these issues were moot because earlier court rulings had already addressed them. Watters argued that he did not get a fair hearing because of the prosecutor's behavior and that his lawyer did not do a good job representing him. However, the court felt that any mistakes made by his lawyer did not affect the outcome of the case significantly. Watters claimed his sentence was too harsh, but the court explained that questions about the length of a sentence in this situation need to be addressed in a different kind of appeal, not this one. Ultimately, the court found no significant errors in the proceedings and affirmed the decision to accelerate Watters' sentencing, meaning he was required to serve his time in prison.

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M-2018-212

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**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Rodney Eugene Smith, Appellant,** **v.** **The State of Oklahoma, Appellee.** **Case No. M-2018-212** **Filed May 9, 2019** **Summary Opinion** **Presiding Judge: Lewis** **Judgment and Sentence Affirmed** **Facts:** Rodney Eugene Smith appeals his conviction for Domestic Assault and Battery, a misdemeanor. The incident occurred on May 29, 2017, when Alexis Perkins alleged that Smith struck her. Witness Bridgett Downum testified to witnessing Smith slap Perkins during a heated argument at Downum's residence. The jury convicted Smith, resulting in a one-year county jail sentence and a $5,000.00 fine. **Propositions of Error:** 1. **Insufficient Evidence of Dating Relationship:** Smith argues that the State failed to prove he was in a dating relationship with Perkins. The court found Perkins' testimony about their living and sexual relationship sufficient for a jury to reasonably conclude a dating relationship existed. 2. **Intent to Injury:** Smith contends the State did not prove he acted with intent to injure. The court found that his actions during the confrontation demonstrated sufficient intent to do harm, as viewed in light most favorable to the State. 3. **Failure to Instruct on Lesser Included Offense:** The court found no error in failing to instruct on simple assault and battery because the evidence supported the charge of domestic assault and battery. Smith's claims about the dating relationship were rejected. 4. **Self-Defense Instruction Denied:** The trial court did not abuse its discretion in refusing Smith's self-defense instructions, as the evidence did not support his claim of self-defense. 5. **Jury Instructions on Specific Crime:** Smith's claim that the jury instructions were improper was denied as he did not object at trial, and the instructions sufficiently defined the offense. 6. **Insufficient Information:** The court ruled the Information provided adequate notice to Smith regarding the charges against him, as it included essential details about the crime. 7. **Cumulative Prosecutorial Misconduct:** Smith's claims of prosecutorial misconduct were rejected as the comments did not fundamentally undermine his trial's fairness. 8. **Improper Lay Opinion Testimony:** Downum's opinion testimony was not objected to at trial and, assuming it was improper, did not constitute plain error. 9. **Ineffective Assistance of Counsel:** Smith's trial counsel's performance did not result in prejudice, and he failed to show how the outcome would have differed had the objections been raised. 10. **Cumulative Errors:** The cumulative nature of alleged errors did not affect the trial outcome, and therefore, no relief is warranted. **Conclusion:** The court affirmed the judgment and sentence, concluding that Smith received a fair trial despite the raised propositions. **Opinion by: Lewis, P.J.** **Concurrences:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J.

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RE-2017-113

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In the case of Ruben Geraldo Velasquez v. The State of Oklahoma, the appellant appealed the revocation of his suspended sentences across multiple cases in the Caddo County District Court. The appeals were addressed by the Oklahoma Court of Criminal Appeals. The appellant had pleaded guilty to multiple charges, including possession of a firearm after conviction, driving under the influence, and domestic assault. His sentences were imposed with significant portions suspended, and he was placed on probation. However, the State filed a petition to revoke his suspended sentences citing several violations, including failure to pay fees, failure to report, changes in address, and new criminal offenses. The trial court revoked the appellant's suspended sentences in full after a hearing, and the appellant raised several propositions of error on appeal. The court determined that the first two propositions, which challenged the validity of the original sentences, were not properly resolved through this appeal and needed to follow certiorari procedures instead. The court found that the amendment to the revocation order, which removed post-imprisonment supervision, rendered one of the propositions moot. Regarding claims of ineffective assistance of counsel, the court concluded that the appellant had not demonstrated any deficiency in counsel's performance nor shown any resulting prejudice. The appellant's argument that the trial court abused its discretion by denying credit for time served was found to have no supporting legal authority, as the court indicated that there is no statutory requirement for such credit to be granted. Lastly, the court rejected the appellant's assertion that the revocation was excessive. The evidence presented to the trial court satisfied the standard necessary to revoke the suspended sentences, affirming that the burden of proof for violations is preponderance of the evidence, and that the decision to revoke is within the discretionary power of the trial court. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the trial court’s decision to revoke the appellant's suspended sentences across all cited cases, concluding that there was no abuse of discretion in the revocation. The mandates for this decision were ordered to be issued following the filing of the opinion. The decision is summarized as follows: **The revocation of Ruben Geraldo Velasquez's suspended sentences is AFFIRMED.**

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F-2017-1140

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In OCCA case No. F-2017-1140, Michael Harold Denham appealed his conviction for Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Michael Harold Denham was found guilty of a crime related to domestic abuse. The jury, which is a group of people that decides if someone is guilty or not, recommended that he be sentenced to three years in prison. The judge who oversaw the trial followed this recommendation and also ordered that Denham pay some fees and receive credit for the time he had already spent in jail before the trial. Denham's appeal claimed that several mistakes had occurred during his trial. He listed five main points where he believed the trial had not been fair: 1. The trial court allowed the state to have an expert witness testify about domestic abuse. Denham argued that this was a mistake. 2. He said that one of the witnesses who testified about domestic violence was not properly qualified to do so. 3. Denham claimed that some evidence was admitted that should not have been according to the rules of evidence. 4. He argued that the court did not let his defense team ask questions about one juror, which meant they could not see if the juror was biased. 5. Finally, he said that all these mistakes happened together and made the whole trial unfair. The court looked closely at Denham's claims and the evidence from the trial. They decided that the court did not make errors that were significant enough to change the outcome of the trial. For the first point about the expert witness, the court ruled that Denham did not show why his defense would have benefited from having his own expert witness. His claim of needing a continuance (more time) to prepare for the trial was not justified because he could not show how it would have helped his case. For the second point, the court decided that the qualifications of the expert witness were acceptable. The judge found that the officer had enough training and experience in domestic violence matters to testify. Regarding the third point, Denham did not follow the right procedure to complain about the late disclosure of the expert witness. As a result, the court found no major violations that would affect the trial's fairness. For the fourth point, the court reviewed how the trial judge handled questions for the jurors. They found that the process was fair because the juror had given no indication beforehand that she would be biased. Lastly, for the fifth point about the overall fairness of the trial, the court did not agree that the combined claims could show any level of unfairness. They found no cumulative error that would merit a different outcome. In conclusion, the court upheld Denham's conviction, deciding that he received a fair trial and that the claims of error did not have enough merit to change the verdict. The appeal was denied, and the conviction was confirmed, meaning Denham would serve his sentence as decided by the jury.

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F-2018-617

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Douglas Edward Scott. Scott was convicted of Domestic Assault and Battery by Strangulation and Petit Larceny in a non-jury trial and was sentenced to eight years in prison for the first charge and six months in county jail for the second, with both sentences running concurrently. ### Key Points from the Opinion: 1. **Proposition I - Sufficiency of Evidence**: - Scott challenged the sufficiency of the evidence for his domestic assault conviction. - The court reviewed the evidence favorably toward the prosecution and concluded that a rational trier of fact could have found him guilty beyond a reasonable doubt. - The trial court rejected Scott's claim of innocence, and the court affirmed that there was sufficient evidence to support the conviction. 2. **Proposition II - Sentence Excessiveness**: - Scott argued that his eight-year sentence was excessive. - The court noted that the sentence was within the statutory range and considered the facts of the case. - The court determined that the sentence did not shock its conscience and denied the proposition of excessive sentencing. ### Conclusion: - The court affirmed Scott's judgment and sentence, denying both of his propositions of error. - The mandate for the decision was ordered upon the delivery and filing of the opinion. ### Representations: - The trial representation included Charles Michael Thompson for the appellant and Richard Smothermon as the District Attorney for the State. - The opinion was written by Judge Lumpkin, with all other judges concurring. For more detailed information or legal context, you can download the full PDF of the opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-617_1735229379.pdf).

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RE-2017-149

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In OCCA case No. RE-2017-149, the appellant appealed his conviction for Escape from Arrest, Knowingly Concealing Stolen Property, and Domestic Assault and Battery Against a Pregnant Woman. In an unpublished decision, the court decided to affirm the order revoking the appellant's suspended sentences but required the lower court to remove the post-imprisonment supervision from its orders. One judge dissented. The case began when the appellant, after entering guilty pleas to several charges, was sentenced to ten years of imprisonment, which was suspended under certain conditions including probation. However, he failed to follow the rules of his probation, leading to a motion by the State to revoke his suspended sentences. The hearing revealed that the appellant initially reported to his probation officer but stopped when he learned about potential violation reports. At the hearing, the appellant indicated he wanted help for his struggles with drugs and alcohol and had a job and place to live, which he thought should allow him another chance at probation. However, the judge found that the appellant had a history of not following rules in the past and thus decided to revoke his suspension entirely. The court determined that the judge had a valid reason based on the evidence to revoke the probation. However, the judge made an error by adding a provision for post-imprisonment supervision that was not part of the original sentence. The court ordered that this part be removed from the revocation orders but kept the decision to revoke the suspended sentences.

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C-2016-1000

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In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

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F-2015-194

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In OCCA case No. F-2015-194, Jarrod Demar Mansker appealed his conviction for Domestic Assault and Battery, Second Offense, after two or more felonies. In an unpublished decision, the court decided to affirm Mansker's conviction but remand the case for resentencing to consider his request for credit for time served. One judge dissented.

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F-2015-187

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In OCCA case No. F-2015-187, Steven R. Jennings appealed his conviction for Domestic Assault and Battery by Strangulation and Domestic Assault and Battery Resulting in Great Bodily Injury. In a published decision, the court decided to reverse Jennings’ conviction for Domestic Assault and Battery Resulting in Great Bodily Injury, while affirming the other conviction. One judge dissented. Jennings was found guilty by a jury for two serious crimes against a person in a domestic situation. The jury recommended a punishment of 25 years in prison for each crime, making a total of 50 years. Jennings thought this was unfair and argued several reasons that should change his situation. First, Jennings said both convictions were for one single action, meaning he shouldn't be punished twice for the same act. The court looked closely at whether the injuries were caused by separate actions or not. They decided that Jennings’ actions were connected and not separate incidents. Because of this, the court agreed with Jennings that he should not have been sentenced for both. Next, Jennings argued that the way the trial was conducted was not fair. He wanted the trial to be held in one stage, which would have simplified things. However, the court believed it was appropriate to have two stages so that the jury wouldn’t be overly influenced by his past convictions when deciding if he was guilty of the new charges. Therefore, they didn’t agree with his claim about this issue. Thirdly, Jennings felt that his lawyer did not help him enough, which meant he did not get a fair trial. The court looked at this claim and decided that Jennings did not show how having a different lawyer would have changed the outcome of his case. They found no clear mistakes made by his attorney that harmed his defense. Finally, Jennings felt that a 50-year sentence was too long. Since the court reversed one of his convictions, this concern became less relevant because his total sentence was reduced. In conclusion, the court affirmed one of Jennings’ convictions, it reversed the other, and decided that he should get a new sentence based on the remaining conviction. One judge disagreed and believed there should be a different outcome.

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C-2014-854

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In OCCA case No. C-2014-854, Cory James Leon Whiteside appealed his conviction for Domestic Assault and Battery and Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to grant his petition, allowing him to withdraw his pleas. One member of the court dissented. Whiteside pleaded guilty to two misdemeanor charges involving domestic violence. The court sentenced him to one year in jail for each charge, with the sentences to run one after the other. Shortly after pleading guilty, Whiteside asked to change his plea from guilty to not guilty, stating he had not understood the consequences of his plea. His request to withdraw his plea was denied by the court. Whiteside then appealed this decision, arguing two main points. First, he claimed he did not knowingly and voluntarily give up his right to have an attorney represent him during the case. Second, he argued that he should be allowed to withdraw his plea because he didn't fully understand what he was agreeing to. The court reviewed the entire record of the case. It found that Whiteside's waiver of his right to counsel was not made in a knowing and voluntary way, meaning there was no clear record showing that he understood what self-representation involved or that he had been advised of the risks of not having a lawyer. The state even agreed with this point. Because this error was significant, the court decided to let Whiteside withdraw his guilty pleas. Following this decision, the other issue Whiteside raised became unnecessary to address. Therefore, the court ordered that Whiteside be allowed to withdraw his pleas.

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RE 2013-0850

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In OCCA case No. RE 2013-0850, Chief Allen Weston appealed his conviction for Domestic Assault and Battery by Choking. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to modify the sentence to give Weston credit for the ninety days he had already served in jail during his probation period. One judge dissented.

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S-2013-790

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In OCCA case No. S-2013-790, the State of Oklahoma appealed the conviction of Fowler for Domestic Assault and Battery in the Presence of a Minor. In an unpublished decision, the court decided to uphold the ruling of the trial court, which prohibited the testimony about another incident of domestic violence involving Fowler and his former girlfriend. One judge dissented. Here's a summary of the case. Fowler was charged with domestic violence against his wife, Andrea, in front of their young son. Before the trial, the State wanted to use evidence of past violent behavior by Fowler to strengthen their case. They aimed to show that Fowler had a pattern of violent actions, including a similar incident against a former girlfriend, Terri East, and another against Andrea in the past. However, the trial court allowed some evidence but ultimately decided that the specific incident involving Terri East could not be used in court. The court ruled this evidence was not relevant enough to help prove the current case against Fowler. The judge felt that bringing in this past incident would unfairly bias the jury against Fowler without directly connecting it to the charges at hand. The State argued that the evidence would show a pattern of behavior and that Fowler's actions were not accidental. However, the court found that the two incidents weren't closely related enough to justify including the evidence about Terri East. The court based its decision on legal standards that say other crimes cannot be used simply to paint a bad picture of a person's character. In the end, the court affirmed the trial court's decision, supporting the idea that each case should be proven based on the evidence directly related to the charges, rather than on past actions that might suggest a person is guilty. The case concluded with the court ruling in favor of Fowler, maintaining the exclusion of the evidence against him.

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F 2010-0888

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In OCCA case No. F 2010-0888, Eugene Turner appealed his conviction for assault and battery on a police officer, escape from detention/arrest, and domestic assault. In a published decision, the court decided that the District Court did not have the authority to accelerate Turner's deferred sentence for the assault on the police officer because the time limit for filing had already passed. The ruling was based on a prior case, which stated that a deferred sentence starts on the day it is given. Since the State didn’t file their application until after the deadline, Turner's case was sent back to the lower court for further proceedings. One judge dissented.

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