Double Punishment

F-2006-17

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In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.

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F-2006-826

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In OCCA case No. F-2006-826, Bobby M. Ellis appealed his conviction for multiple crimes including First Degree Rape, Lewd Molestation, and Preparing Child Pornography. In an unpublished decision, the court decided to affirm the conviction on most counts while reversing one count related to child pornography. One judge dissented regarding this reversal. Bobby M. Ellis faced serious charges in Kay County for several crimes against his two young step-daughters. The jury found him guilty of these crimes. The punishment for each count was severe, amounting to a total of 210 years in prison, but the sentences were set to be served one after the other, which would keep him in prison for a very long time. During the appeal, Ellis argued several points. He claimed that it was unfair to punish him twice for the same offense regarding the child pornography charge. He also pointed out that the judgment did not clearly show his exact convictions, and he felt that the overall sentences were too harsh. The court examined Ellis's arguments and ultimately agreed with him on some points. They found that convicting him for preparing child pornography in two counts for a single video tape was indeed unfair, so they decided to reverse that specific count and instructed for it to be dismissed. For the other counts, the court affirmed the judgments made by the jury. The court also acknowledged that there was a mislabeling in the judgment regarding one of the charges and agreed that it needed to be corrected to appropriately reflect the actual crime committed. However, they did not reduce the sentencing significantly since the crimes were very serious and Ellis showed no remorse for his actions. In summary, the court upheld most of the convictions and sentences but took action to correct and dismiss one charge involving child pornography based on double jeopardy issues. The judge who dissented felt that all charges should be upheld since each incident was separate.

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F-2006-1095

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In OCCA case No. F-2006-1095, Terry Dewayne Wakefield appealed his conviction for kidnapping, unauthorized use of a motor vehicle, and assault and battery - domestic abuse. In a published decision, the court decided to affirm Wakefield's convictions for kidnapping and unauthorized use of a motor vehicle. However, the sentence for assault and battery - domestic abuse was modified from ten years to one year in the county jail. One dissenting opinion was noted.

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C-2006-1192

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In OCCA case No. C-2006-1192, Chad Fourkiller appealed his conviction for attempting to elude a police officer, possession of a sawed-off shotgun, and feloniously possessing a firearm. In an unpublished decision, the court decided to grant his petition for writ of certiorari and remand the case for a new hearing on the application to withdraw his guilty plea. One member of the court dissented. Fourkiller had pleaded guilty to three charges, which included trying to escape from a police officer and having illegal weapons. He was sentenced to a total of time in prison, depending on whether he completed a program called Drug Court. After his participation in Drug Court ended, he was formally sentenced. Later, Fourkiller wanted to change his guilty plea and claimed his lawyer did not explain things properly to him. The court did not allow him to withdraw his plea at first. However, during a follow-up hearing, Fourkiller’s lawyer ended up testifying against him. This created a problem since a lawyer should not represent a client and then testify against them in the same case. The court found that Fourkiller did not receive proper legal help, and because of this, they agreed to his request for a new hearing to discuss his motion to withdraw his guilty plea. The other arguments Fourkiller made in his appeal about double jeopardy and errors in his sentencing were found to not need a decision since the first issue was enough to allow for a new hearing.

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F-2005-557

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In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.

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F 2005-569

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In OCCA case No. F 2005-569, Anthony Logan Merrick appealed his conviction for multiple counts of sexual crimes involving minors. In an unpublished decision, the court decided to affirm most of Merrick's convictions but reversed and dismissed certain specific counts. One judge disagreed with part of the decision. Merrick was tried and found guilty of 21 counts of sexual abuse of a child, 2 counts of sexual exploitation of a child, 15 counts of possession of obscene material involving minors, 4 counts of first-degree rape by instrumentation, and 8 counts of indecent or lewd acts with a minor child under sixteen. He received two life sentences and additional time for the other charges, which would run together, but separately from some other counts. Merrick raised several issues in his appeal. He argued that the search warrant used to gather evidence was not valid because it did not show enough probable cause, and therefore, the evidence collected should not have been allowed in court. The court disagreed and explained that the affidavit (the document that supported the search) did provide a reasonable basis for the warrant. They determined that there was enough evidence to suggest a crime had taken place and that the search was lawful. He also claimed the warrant was not detailed enough in specifying what items could be seized. The court found that the warrant was correctly written to allow officers to identify the items they needed to seize. Merrick's next point was about double punishment. He argued he should not be punished for both the act of lewd molestation and the possession of related images, saying it was unfair. However, the court concluded that these were separate crimes, and thus he could be punished for both. Merrick also believed he should only be charged once for a large number of images found, but the court stated that there were indeed separate counts for each type of evidence that were introduced. Lastly, Merrick claimed that his lawyer did not help him enough during the trial, which hurt his case. The court said there wasn't enough evidence to show that he was harmed by his lawyer's performance. As a result, the court upheld the majority of the convictions while reversing some counts related to possession of images, ordering them to be dismissed.

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F-2005-597

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In OCCA case No. F-2005-597, Keandre Lee Sanders appealed his conviction for robbery with a firearm, shooting with intent to kill, and possession of a firearm after a felony conviction. In an unpublished decision, the court decided to affirm the judgments but modified the sentences for the robbery and shooting charges. One judge dissented. Here’s a simple summary of what happened: Keandre Lee Sanders was found guilty by a jury of three serious crimes. He was sentenced to a total of 60 years after the jury decided how long he should go to prison for each crime. He thought the trial went unfairly and wanted to change his sentence. He had three main reasons for his appeal: 1. He asked the judge to delay the trial because he found new evidence that might help him. His lawyer thought there was a witness who could help, but the judge said no to delaying. The court believed waiting wouldn’t help because the witness was not cooperating. The court looked at everything and decided the lawyer did their best, so they did not grant this appeal point. 2. He believed that the charge of having a gun should not count separately from the other two charges, arguing that they were connected. The court found that having the gun was a separate act from the robbery and the shooting, so they denied this appeal as well. 3. The last point he made was that the jury was not told he would have to serve a certain amount of time before he could be considered for parole. After some review, the court agreed that he should have been told this but decided it was not enough to change his convictions. They did, however, change his sentences, reducing them from fifteen years to twelve years for the robbery charge and from forty years to thirty years for the shooting charge. The sentence for the firearm possession remained the same. The final decision was that while the court agreed with the convictions, they made changes to the length of two sentences. The court issued its order to finalize the decision after they filed their ruling.

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F-2004-1081

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In OCCA case No. F-2004-1081, Charles Edward Moore, Jr. appealed his conviction for robbery with firearms, kidnapping, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm most of his convictions and modify some sentences. One of the judges dissented. Charles Edward Moore faced serious charges and was found guilty by a jury. He received a total of fourteen years for each robbery, ten years for each kidnapping, and ten years for possession of a firearm related to a past felony. The judge ordered that Moore serve these sentences one after the other. On appeal, Moore argued several points. First, he believed he was unfairly punished for two separate robbery counts concerning the same incident. However, the court decided that this did not violate any laws about double punishments. Next, Moore claimed a conflict between his robbery conviction and the charge for possession after a felony. The court agreed with Moore regarding this point and reversed his conviction for that charge. Additionally, Moore argued that the trial court made an error by not allowing a jury instruction about his eligibility for parole. The court found this to be a mistake but decided to change the sentences for the robbery convictions from fourteen years to ten years each. The court maintained the trial judge's decision to have the sentences served consecutively. Moore also argued that he did not receive effective help from his lawyer, but the court believed that his case would not have ended differently even with better representation. He further disagreed with the court's admission of evidence about his past wrongdoings, but the court denied that claim too. Lastly, Moore asserted that the combined errors during his trial should lead to a reversal. The court disagreed and upheld the decisions made during the trial. In summary, while the court agreed to modify some of Moore's sentences, it affirmed most of the convictions and found no significant errors that would affect the overall outcome of the trial.

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F-2004-268

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In OCCA case No. F-2004-268, Martin Roy Romero appealed his conviction for drug-related crimes. In an unpublished decision, the court decided to reverse one of his convictions but upheld the rest. A judge dissented in part. Romero was found guilty by a jury in Stephens County for three charges: Conspiracy to Traffic in Methamphetamine, Trafficking in Methamphetamine, and Using a Minor to Distribute Methamphetamine. He was sentenced to several years in prison and significant fines. Romero raised several issues on appeal. He claimed that the prosecutor's actions during the trial were unfair and affected his chances for a fair trial. He also argued that he should not have been punished for both conspiracy and trafficking crimes because they stemmed from the same act, saying it was a violation of his rights against double punishment. He thought that the evidence used to convict him of conspiracy was not enough. Lastly, he felt that it was wrong to convict him of using a minor for trafficking and trafficking itself, again arguing it was related to the same act. After reviewing the case, the court found that one of the convictions for trafficking was indeed improperly counted and reversed that decision. They decided that his actions did not violate the rule against double punishment for the other charges. The court concluded that there was enough evidence to support the conspiracy charge. However, the conviction for trafficking was reversed because the same act could not support two different charges. In summary, the court agreed with Romero about the double punishment issue regarding trafficking, but upheld the other convictions. The final decision reversed and remanded the trafficking charge while affirming the rest.

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F-2004-293

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In OCCA case No. F-2004-293, Sarah Lynne Ganis appealed her conviction for nine counts of Child Neglect. In an unpublished decision, the court decided that her convictions were upheld, but her sentence was modified to run all counts concurrently. One judge dissented. Sarah was found guilty of neglecting her children. She was sentenced to a lot of time in prison, with some counts getting longer sentences than others. She appealed this decision because she thought there weren't enough facts to prove she was guilty, the jury wasn't given the right instructions, and she was punished unfairly for the same actions more than once. She also argued that some testimonies and pictures used in the trial were too harsh and unrelated, and that evidence of other issues in her life was unfairly included. Sarah believed these problems made her trial unfair. On review, the court looked closely at Sarah's arguments. They decided that there was enough evidence to support the jury’s decision. Even though some jury instructions could have been better, they didn't think it made a big difference in the outcome of the trial. The court also found that it was appropriate for Sarah to be convicted for separate counts involving different children and incidents, meaning she didn’t suffer from double punishment. Regarding the pictures and testimonies, the court believed they were relevant to the case and didn't unfairly sway the jury. They also thought the evidence of Sarah receiving assistance was closely related to the charges against her, not a separate crime. After considering everything, the court believed that while the convictions stood, the sentences were too heavy and decided to change them so she would serve her time for all counts at the same time, rather than one after the other. Even though there were claims of wrongdoings in how the case was handled during trial, the court found it didn’t lead to a new trial or different outcome.

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S-2004-1009

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In OCCA case No. S-2004-1009, the State of Oklahoma appealed the conviction of Donald Isaiah Phares for negligent homicide. In an unpublished decision, the court decided to affirm the dismissal of the prosecution. One judge dissented. To summarize, this case started from a car accident on September 15, 2003, where Phares was involved in a collision that resulted in another driver's death. Phares was first charged with a traffic offense for failing to stop at a stop sign and paid a fine for that. Later, in January 2004, the State filed a charge of negligent homicide against him, claiming his action of not stopping at the stop sign was reckless. Phares argued that being prosecuted for negligent homicide after already being punished for the traffic violation was unfair and violated his rights to not be punished twice for the same act. The court agreed with him, stating that both charges came from the same action, and therefore, he could not be punished for both. They found that the traffic offense was part of the negligent homicide claim and ruling that prosecuting Phares again for negligent homicide would lead to double punishment. The court decided the district court's dismissal was correct as the two charges stemmed from the same event, adhering to the law that prevents someone from facing multiple punishments for the same act. Thus, the court upheld the dismissal of the negligent homicide case against Phares.

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C-2004-739

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In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

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F-2003-1297

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In OCCA case No. F-2003-1297, Thomas Edward Gale appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to uphold most of his convictions but reversed one of them. One judge dissented. During the trial, Gale was found guilty of making methamphetamine and possessing certain substances that can be used to create drugs. He received a long prison sentence and a hefty fine. Gale argued that he should not have been punished twice for having two different precursor substances without a permit and also claimed that some of the evidence against him was not strong enough. The court found that Gale's actions of making meth and having precursor substances without a permit were different crimes, so it was okay for him to be convicted for both. However, they agreed that he should not have been convicted for both types of precursor substances because that counted as one crime. So, they reversed that part of the decision. The court decided that there was enough evidence to prove that Gale was keeping a place where drugs were used and sold. They also concluded that his sentence and fine were appropriate. In the end, the court upheld Gale's sentences for most of the crimes but dismissed one of the precursor possession convictions.

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F-2004-184

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In OCCA case No. F-2004-184, Kenneth Kelmer Jackson appealed his conviction for Accessory After the Fact to First-Degree Murder and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the conviction for Accessory After the Fact but reversed the conviction for Knowingly Concealing Stolen Property with instructions to dismiss that charge. One judge dissented. Kenneth was found guilty of helping someone after a murder had taken place and for hiding stolen items. The jury said he should go to prison for 14 years for the murder accessory charge and 5 years for the second charge, which would be served one after the other. On appeal, Kenneth argued that he should not be punished for both crimes since they came from the same act. The court agreed with him on this point and reversed the second conviction. Though they looked at his other claims about the trial not being fair, they decided they did not change the outcome of the case. In the end, the court said he could remain guilty of being an accessory to murder, but the charge regarding hiding stolen property was removed. One judge disagreed with part of this decision.

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F-2003-772

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In OCCA case No. F-2003-772, Amy Marie Flippence appealed her conviction for multiple charges, including conspiracy to manufacture methamphetamine and child endangerment. In an unpublished decision, the court decided to affirm some charges but reversed one conviction for possession of a precursor and also reversed the child endangerment convictions, ordering them to be dismissed. One judge dissented regarding the conspiracy conviction.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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F-2003-802

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In OCCA case No. F-2003-802, the appellant appealed his conviction for multiple serious crimes against minors. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One member of the court dissented regarding the sentences. The appellant was found guilty of many crimes, including possession of obscene material involving minors and various forms of sexual assault and exploitation. The jury decided on significant punishments, including life imprisonment for some counts and substantial fines. The sentences were ordered to run one after the other, meaning the appellant would serve a long time in prison without the chance to have some time overlap. The appellant raised several issues during the appeal. He argued that his trial was unfair for various reasons, such as hearsay evidence being allowed and prejudicial comments from the prosecutor. He also claimed that he was charged with crimes that were not consistent with the law at the time of the offenses, notably regarding the sexual exploitation charge. The court evaluated each point raised by the appellant. They found that while there were errors in how the trial was handled, not all of them affected the final outcome significantly. Some errors were considered harmless or did not warrant a change in the verdict. The court agreed that some charges were problematic, particularly that of sexual exploitation, which the court decided to reverse and dismiss. The court concluded that the appellant's conviction for the possession charge should reflect a different statute and that some sentences exceeded legal limits. The court modified these sentences appropriately and affirmed most of the other convictions. One judge did not agree with the decision to have all sentences run consecutively and believed they should run together instead, which would allow for a potentially shorter total time in prison. This disagreement highlights the differing opinions within the court regarding the severity and application of sentences. In summary, the case involved serious crimes with significant legal discussion around the fairness of the trial and the appropriateness of the resulting sentences.

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F 2004-1127

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In OCCA case No. F 2004-1127, Charles Clarence Tiger appealed his conviction for multiple charges, including conspiracy to commit a felony and several burglaries. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented on the reversal of the conspiracy conviction. Tiger faced a jury trial where he was found guilty of numerous crimes, including conspiracy to commit burglary, and was sentenced to serve a long time in prison. He later appealed, arguing several points, including that he didn't get a fair and speedy trial, that his lawyer didn't help him properly, and that he was punished too harshly for his crimes. The court reviewed these claims carefully. They agreed that Tiger's right to a speedy trial was not violated and that his lawyer did provide effective legal help. However, they found that two of the charges against him conflicted with each other. They decided that being punished for both burglary and robbery from the same incident was not right, so they reversed the burglary charge related to that. Additionally, the court felt there wasn't enough evidence to support Tiger's conspiracy charge, so that one was also reversed. While some of Tiger's arguments were accepted, others were rejected. The judges agreed that the remaining charges that stayed upheld were fair and within legal limits, meaning he would still have to serve his time for them. In summary, the court decided to dismiss two of the charges and keep the others, showing that while some of Tiger's claims were valid, many were not. One judge disagreed with the court's choice to dismiss the conspiracy charge, believing there was enough proof to uphold it.

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F-2003-976

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In OCCA case No. F-2003-976, Rodney Lamont Garrett appealed his conviction for Conspiracy to Traffic Controlled Dangerous Substance and Attempting to Traffic A Controlled Dangerous Substance. In an unpublished decision, the court decided to modify his sentences but upheld his convictions. One judge dissented. Garrett was tried in a non-jury trial and found guilty of the two counts. He was sentenced to twenty years in prison for each count, but ten years of each sentence were suspended. The sentences were to run at the same time. He appealed, saying that he should not be punished for both crimes since they required the same proof. The court reviewed the case and the evidence. They found that the two crimes were different enough, as each had unique elements that made them separate actions. Garrett had planned with another person to be involved in large-scale drug dealing and met with an undercover agent to buy cocaine. Although the evidence for each crime was similar, the court concluded that they were indeed two separate crimes. The court also noted that Garrett was not entitled to have his suspended sentences based on the laws relevant to the case. Therefore, they decided to remove the suspended part of his sentences and changed them to ten years in prison for each count, still running concurrently. The appeal was denied, meaning his convictions were upheld, but his overall sentence was modified.

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C-2003-845

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In OCCA case No. C-2003-845, Curtis Randall Foote appealed his conviction for multiple crimes including First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, and Threatening an Act of Violence. In an unpublished decision, the court decided to affirm the convictions for First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, but to reverse the conviction for Threatening an Act of Violence with instructions to dismiss that charge. One judge dissented. Foote had entered a no contest plea in the District Court of Grady County, where the judge sentenced him to various terms of imprisonment. Foote later tried to withdraw his plea, but the court denied his request. He then appealed this denial. The court reviewed the entire case record and considered multiple reasons Foote presented for his appeal. The first issue was whether he truly entered his plea of no contest. The court found that he did intend to plead no contest, so the plea was accepted correctly by the trial court. Foote also argued that he should not have been treated as a habitual offender because his past convictions were not properly documented. While the court found that his maximum sentence was appropriate, they acknowledged an error in the judgment that needed correcting. Foote also claimed that being convicted of both Intimidation of a Witness and Threatening an Act of Violence was unfair, as they were linked. The court agreed and reversed the latter conviction. However, it determined that his other convictions were valid and based on separate actions. The court ruled that the evidence supporting his intimidation charge was sufficient, and his claim of not having proper legal representation was rejected. Ultimately, the court denied his petition for a writ of certiorari, which means they did not find enough reason to change the lower court's decisions aside from the reversal of the Threatening an Act of Violence charge. They ordered some corrections to the written judgment but upheld most of the other convictions.

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F 2004-269

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In OCCA case No. F 2004-269, Edward Lee Cox, Jr. appealed his conviction for Shooting with Intent to Kill, Robbery with Firearms, and Larceny of an Automobile. In an unpublished decision, the court decided that his conviction for Robbery with Firearms should be reversed and dismissed, while the convictions for the other two counts were affirmed. One judge dissented.

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F-2002-87

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In OCCA case No. F-2002-87, Claude Thomas Gifford appealed his conviction for robbery in the first degree and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to reverse the conviction for robbery but affirmed the conviction for assault and battery. One judge dissented. Gifford was found guilty of several crimes after a jury trial in Cleveland County. He received a lengthy sentence of 38 years for robbery and 48 years for assault, among other sentences. Gifford believed he was unfairly punished twice for the same incident, as the robbery and the assault were committed against the same victim at the same time. The court agreed that convicting him for both crimes was unfair, as they were not separate acts and violated the law against double punishment. They also found that the other claims made by Gifford did not warrant changes to his convictions or sentences. As a result of the court's review, they reversed the conviction and sentence for robbery and kept the conviction for assault, but adjusted the sentences accordingly.

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C-2002-1191

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In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple serious crimes. In a published decision, the court decided to affirm most of the convictions and sentences but reversed one specific conviction for maintaining a vehicle used for illegal activities. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively. The petitioner had pled guilty to various charges in three different cases. These included serious charges like possession of drugs with the intent to distribute, gun-related offenses, and other crimes. After he was sentenced, he sought to withdraw his guilty plea, claiming that he did not understand what he was doing when he pled guilty. The court held a hearing to consider this request but denied it. The sentences the petitioner received added up to a very long total of 223 years, meaning he would serve them one after another. During the appeal, the petitioner presented several reasons he felt the court made mistakes. First, he argued that there wasn't enough evidence for some of his guilty pleas to be accepted. After looking into the facts, the court disagreed on some counts, saying there was enough evidence for certain guilty pleas, but accepted the petitioner’s claim that he should not have been convicted for maintaining a vehicle for drug activities. In another part of his argument, the petitioner claimed that his punishments were too much and that he did not understand his pleas. The court found that he did understand what he was doing and therefore, his guilty pleas were valid. Overall, the court upheld most of the judgments but agreed with the petitioner on one specific charge, reversing that conviction. The court ordered the case to go back for further actions that align with its decision. One judge thought sentences should be served together instead of separately, showing that there were different opinions even in the court's decision.

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C-2002-1188

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In OCCA case No. C-2002-1188, the petitioner appealed his conviction for various crimes related to drug possession and firearm offenses. In an unpublished decision, the court decided to affirm most of the convictions but reversed one conviction for maintaining a vehicle used for selling drugs. One judge dissented and suggested that the sentences should run concurrently instead of consecutively.

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C-2002-946

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In OCCA case No. C-2002-946, Christopher Dwayne McGee appealed his conviction for distributing controlled substances and conspiracy to distribute controlled substances. In an unpublished decision, the court decided that McGee should be allowed to withdraw his guilty plea. One judge dissented. McGee was originally charged with several counts related to drug distribution in Stephens County. He pleaded guilty to all the charges and received a 30-year prison sentence with fines. After his plea, McGee argued that he did not receive good legal help and that he did not understand what he was agreeing to when he pleaded guilty. He also claimed that he should not be punished twice for the same crime. The main issue was about an agreement he had with the State regarding his plea. McGee believed that the charges would not be enhanced because the State agreed to drop certain parts of his case. However, he was later sentenced with enhancements due to prior felony convictions, which he felt was unfair. The State admitted that McGee's plea was based on a misunderstanding about the charges and enhancements. They suggested that he should be allowed to withdraw his plea, and the court agreed. As a result, the court decided that McGee could go back to the District Court to change his guilty plea.

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