In OCCA case No. F-2002-24, Tomas Mendiola Bernal appealed his conviction for maintaining a place for keeping or selling drugs and three counts of delivering and distributing cocaine. In an unpublished decision, the court decided to reverse the conviction for maintaining a place for selling drugs and ordered a new trial for that charge, but affirmed the convictions and sentences for delivering and distributing cocaine. One member of the court disagreed with some parts of the decision.
In OCCA case No. F 2002-157, Kenneth Lee Dueitt appealed his conviction for Manufacturing a Controlled Dangerous Substance (Methamphetamine), Possession of a Precursor Substance (Red Phosphorus), Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions for Manufacturing Methamphetamine, Possession of a Controlled Dangerous Substance, and Possession of Drug Paraphernalia while reversing the conviction for Possession of a Precursor Substance and remanding it for a new trial. One judge dissented on the decision regarding the reversal of Count 2.
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.
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.
In OCCA case No. F-2003-22, Desean Terrell Poore appealed his conviction for Accessory After the Fact to First Degree Murder and Accessory After the Fact to First Degree Manslaughter. In an unpublished decision, the court decided that the conviction for Accessory After the Fact to First Degree Manslaughter should be reversed and dismissed, as it was found to be double punishment for a single action. The court also ordered corrections to the judgment's wording concerning the prior felony conviction.
In OCCA case No. F-2001-1165, Shawn R. Chapman appealed his conviction for multiple serious crimes. In a published decision, the court decided to modify some of his sentences. One judge dissented. Chapman was found guilty of several serious charges, including first-degree rape, rape by instrumentation, kidnapping, and drug-related offenses in Logan County. He was given lengthy prison sentences, amounting to a total of 480 years. Chapman raised many reasons to challenge his convictions and sentences. He argued that the evidence presented against him was unfairly prejudicial, and he claimed that his lawyer's comments during the trial hurt his case. Chapman also thought that the jury's verdicts for some of the sexual crimes were not allowed under the law because they were too similar. He felt that the trial court did not allow enough time for his lawyer to prepare and that his sentences were too harsh. The court examined all the evidence and arguments. They found no reason to overturn the convictions but decided that some of the sentences should be changed. The judges agreed that the evidence from other crimes was relevant and that it did not unfairly influence the jury. They believed that the sentences for the rape charges were too long and changed them to life imprisonment, while still upholding the other sentences. The court concluded that there were no overall errors that would change the outcome of the trial, and they affirmed most of the decisions made by the lower court. However, one judge disagreed with the modification of the sentences, believing that the jury's decisions on the punishments were justified given the severity of the crimes Chapman committed.
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.
In OCCA case No. F-2001-529, Cesar Diaz, also known as Jorge Limon, appealed his conviction for conspiracy to traffic a controlled dangerous substance (marijuana) and drug trafficking (marijuana). In an unpublished decision, the court decided to affirm two of his convictions but reversed nine other counts related to using a communication facility to facilitate the commission of a felony. One judge dissented. Cesar Diaz was found guilty after a jury trial that took place in March 2001. The jury sentenced him to serve thirteen years for conspiracy to traffic marijuana, fifteen years for drug trafficking, and shorter sentences for the other counts along with fines. Diaz raised several points for appeal. He challenged the validity of his confession, claimed that he was denied a fair trial because an attorney from the Oklahoma Bureau of Narcotics acted as a special prosecutor, argued that multiple convictions for the same crimes violated double jeopardy protections, contended that evidence obtained through a wiretap was not authorized, maintained that the prosecution failed to prove the charges happened in the right location, and argued that money seized from his car should not have been used against him due to an illegal stop. The court carefully reviewed all the claims and found that sufficient evidence supported the confession being voluntary. It determined that the attorney from the Bureau of Narcotics was allowed to assist in the trial, which did not violate any rules. The court also concluded that having convictions for both conspiracy and trafficking did not violate the double jeopardy rule. However, the court agreed with Diaz’s argument on the venue issue concerning the communication facility charges. It stated that the prosecution needed to prove that the phone calls were made or received in Oklahoma County, but they failed to do so. Therefore, the counts related to using a communication facility were reversed and dismissed. In summary, the court upheld two of Diaz's convictions but ruled that the other nine were not valid due to a lack of proof regarding venue.
In OCCA case No. F-2001-444, Eric Anthony Rivera appealed his conviction for Kidnapping and Domestic Abuse. In a published decision, the court decided to reverse the Kidnapping conviction and instructed to dismiss it, while affirming the conviction for Domestic Abuse. One judge dissented. Eric was tried by a jury and found guilty of two serious charges: Kidnapping and Domestic Abuse. The jury gave him a ten-year prison sentence for Kidnapping and a one-year jail sentence for Domestic Abuse, which will be served at the same time. After reviewing the evidence and arguments from both sides, the appeals court found that there wasn't enough evidence to support that Eric truly intended to kidnap the victim secretly. Because of this, the court said that the conviction for Kidnapping should be reversed, meaning they didn't agree with that part of the trial's decision. They felt Eric didn’t get a fair chance regarding that charge because the evidence didn’t meet the legal requirements. However, they found that the case against him for Domestic Abuse still stood strong and was supported by sufficient evidence, so they kept that conviction in place. The judges on the appeal discussed their different opinions about the case, with one agreeing with the majority, while others felt that the Kidnapping conviction should have stayed based on the evidence presented. In the end, the court's decision meant Eric would no longer be punished for Kidnapping but would still serve his sentence for Domestic Abuse.
In OCCA case No. F-01-998, Brian Tyrone Scott appealed his conviction for multiple crimes, including First Degree Burglary and Forcible Sodomy. In an unpublished decision, the court decided to reverse the kidnapping conviction but affirmed the other convictions. One judge dissented. Scott was found guilty of several serious crimes after a jury trial and was sentenced to many years in prison. He raised five main points in his appeal. First, he argued that his convictions for some crimes were unfair because they punished him twice for the same act. Second, he claimed there wasn’t enough proof that he intended to kidnap the victim. Third, he said he didn’t get a fair trial because he wasn’t allowed to show evidence that the victim might have lied. Fourth, he thought his total sentence was too harsh, and fifth, he wanted his judgement and sentence to correctly show his convictions. After reviewing everything, the court agreed that Scott's kidnapping charge should be dismissed because it conflicted with his current charge of forcible sodomy. However, they found that the other convictions didn’t violate any laws about double punishment. The court also concluded that allowing Scott to introduce the dismissed evidence wouldn’t have helped his case and that it was okay for his sentences to be served one after the other instead of at the same time. In summary, the court affirmed most of Scott's convictions but decided to dismiss the kidnapping conviction. They ordered the district court to correct the records to make sure all information was accurate.
In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.
In OCCA case No. F-2001-352, Virgil Clayton Rose appealed his conviction for several crimes, including the manufacture and possession of methamphetamine, possession of a precursor substance, possession of a firearm while committing a felony, and concealing stolen property. In a published decision, the court found that some of these convictions violated rules against being punished twice for the same crime. The court agreed with the appeal and reversed the convictions for possession of methamphetamine and the precursor substance. The court modified the sentence for possession of a firearm while committing a felony to five years. One judge disagreed with the decision on certain points but agreed with the overall outcome.
In OCCA case No. F 2000-1652, Shaun Scott Sprowls appealed his conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In a published decision, the court decided to affirm the conviction for Manufacturing a Controlled Dangerous Substance but reversed and dismissed the count for Manufacturing a Precursor Substance. One judge dissented. The case began when authorities found evidence suggesting Sprowls was making illegal drugs, which led to his trial. The jury found him guilty and recommended a long prison sentence along with fines. Sprowls argued that this evidence should not have been used because it was collected without a proper search warrant. He also claimed that he was unfairly punished multiple times for the same act, which violated his rights. After reviewing the case, the court agreed that Sprowls was punished twice for the same crime, so they reversed the second conviction and removed the fine associated with it. However, they determined that the evidence for the first charge was enough to support the jury's decision and that his sentence was fair. Ultimately, the court affirmed part of the decision but corrected what they saw as an error in punishing him.
In OCCA case No. F-01-313, *Steven Wayne Robertson* appealed his conviction for *Attempted Burglary in the First Degree* and *Assault with a Dangerous Weapon*. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to run concurrently. One judge dissented. Robertson was found guilty by a jury for two crimes. He was accused of trying to break into a house (attempted burglary) and attacking someone with a weapon (assault). The jury decided to give him a ten-year prison sentence for each crime, which would usually mean he would spend twenty years in prison, but the court later decided he would serve both sentences at the same time, totaling ten years. Robertson claimed that it was unfair to punish him twice for what he said was one event. However, the court concluded that the two charges were based on different actions and that he could be punished for both. They looked at the evidence, like a witness who saw him with an axe, showing he was dangerous. He also said he should have had the chance to argue that he only caused damage to property instead of trying to break in, but the court found that this was not needed based on the facts of the case. Finally, Robertson thought he did not get a fair trial because of some things the prosecutor said during the trial. The court agreed that there were improper comments but still decided to keep the guilty verdicts and just change the sentences so that he would serve ten years instead of twenty.
In OCCA case No. C-2001-341, Terrell Dwayne Gurley appealed his conviction for multiple crimes, including robbery with a firearm, kidnapping, burglary, larceny of an automobile, possession of a firearm after felony conviction, forcible entry, and attempting to intimidate a witness. In a published decision, the court decided to reverse Gurley's conviction for one of the charges, burglary in the first degree, and ordered that this count be dismissed. The court upheld the remaining convictions and found Gurley's sentences were not excessive. One judge dissented, arguing that the laws applied in the case should be reconsidered regarding the relationship between the crimes committed.
In OCCA case No. F-2001-49, John Henry Throckmorton appealed his conviction for manufacturing and unlawful possession of methamphetamine. In a published decision, the court decided to affirm the conviction for manufacturing methamphetamine but reversed the conviction for unlawful possession. One judge dissented. Throckmorton was found guilty by a jury for two counts related to methamphetamine. He was sentenced to 20 years for manufacturing and 10 years for possession. However, Throckmorton argued that being convicted of both offenses was unfair because the laws say a person cannot be punished twice for the same action. The court agreed with him about the possession charge, stating that since the evidence for both charges was the same, it was wrong to convict him for both. As a result, they dismissed the possession conviction while keeping the manufacturing conviction.
In OCCA case No. F-2001-55, Lawrence Ray Washington appealed his conviction for unlawful possession of marijuana and unlawful possession of money within a penal institute. In a published decision, the court decided to affirm the conviction for unlawful possession of marijuana but reversed the conviction for unlawful possession of money and instructed to dismiss that count. One judge dissented. Washington was charged with three counts: possession of marijuana and money while in prison, and assaulting a correction officer. He was found not guilty of assault but guilty on the other two counts. He received a twenty-year sentence for each count, which would be served at the same time. Washington argued that being punished for both possessions was unfair because they were closely related. The court examined the details and decided that having both items at the same time was part of one action, rather than two separate actions. As a result, they thought punishing him for both possessions was against the law. Therefore, they took away the conviction for possession of money but kept the conviction for possession of marijuana. The dissenting judges believed Washington should have been punished for both counts because the law allows for separate punishments for different kinds of contraband items, even if they are found together.
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.
In OCCA case No. C-2000-35, Anthony Dwayne Goshay appealed his conviction for escape from county jail and assault on a correctional officer. In a published decision, the court decided to grant Goshay's appeal and reverse the lower court's decision. One judge dissented. Goshay was in Comanche County District Court, where he pled guilty to two charges on October 7, 1999. At his sentencing on October 20, 1999, he tried to take back his guilty plea, but the judge did not allow it. Instead, Goshay was sentenced to five years for escape and three years for assault. After some time, his lawyer and then Goshay himself asked to withdraw the plea, but those requests were denied in December 1999. The case was sent back to the district court in August 2000 to check if Goshay was present when his request to withdraw the plea was denied. A new hearing took place on October 2, 2000, but the judge again said no to Goshay's request to change his plea. On appeal, Goshay argued that his plea wasn't voluntary because he felt pressured, that he was not informed about all the important parts of the charges he faced, and that his convictions were unfair because they involved double punishment. The court looked closely at these claims and agreed that Goshay's plea should be allowed to be withdrawn. It decided that when Goshay made his guilty plea, he was promised he could change his mind at sentencing without any negative consequences. However, when he did try to back out during sentencing, he wasn't given that chance. Therefore, the court found that Goshay didn't receive the deal he was promised. In conclusion, the OCCA reversed the original conviction and said further actions should follow that are consistent with their opinion, meaning Goshay would have the opportunity to withdraw his guilty plea, as originally agreed.
In OCCA case No. F 2000-152, the appellant, Sidney Leon Crittenden, appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the conviction for the first count but reversed and remanded the second count with instructions to dismiss. One judge dissented. Crittenden was charged with serious offenses, including First Degree Rape by Instrumentation and Lewd Molestation. He was found guilty on two counts of Lewd Molestation and sentenced to 45 years in prison for each count, along with a fine. On appeal, Crittenden raised several arguments. He claimed that the trial court made mistakes, such as changing the charges and allowing evidence of other crimes, which he felt unfairly influenced the jury. He also argued that being convicted of two offenses from the same incident was against the rules, and he felt the sentences he received were too harsh. After looking carefully at all the details of the case, the court agreed with Crittenden on one issue—being charged for two separate offenses from one event was not acceptable. They affirmed the first conviction but ordered that the second one be dismissed as there was not enough evidence to support it as a separate act. The court noted that while some evidence suggested there might have been different incidents, it was not strong enough to meet the required level of proof. They concluded that the trial was mostly fair, and the sentences for the first count seemed appropriate. Overall, the decision respected that some of the rules regarding the number of convictions related to a single act were not followed and adjusted the outcome accordingly.