Due Process Archives - Page 4 of 14

J-2019-65

Post author:Staff
Post published:May 23, 2019
Post category:J

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **G.E.J., Appellant, v. THE STATE OF OKLAHOMA, Appellee.** **No. J-2019-65** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA MAY 23, 2019 JOHN D. HADDEN ROWLAND, JUDGE** **SUMMARY OPINION** On August 27, 2018, G.E.J. was charged as a juvenile with (1) Soliciting for First Degree Murder and (2) Reckless Conduct with a Firearm in Rogers County District Court. A show cause hearing was held, resulting in probable cause for continued juvenile detention. G.E.J. eventually entered a no contest stipulation leading to adjudication as a delinquent on October 30, 2018. Following a hearing on January 17, 2019, the trial court denied his motion to withdraw the stipulation. G.E.J. raised several issues on appeal regarding the denial of due process, the voluntariness of his plea, claims of ineffective assistance of counsel, and the sufficiency of proceedings leading to his stipulation. The Court reviewed the claims in light of the record and hearings. The Court affirmed the lower court’s ruling, emphasizing: 1. **Detention Period**: G.E.J. argued that he was detained for 24 days before charges were filed, which he claimed constituted a denial of due process. The Court found that he was represented by counsel during this period and had a bond set, distinguishing his case from precedent cases involving more severe delays without legal representation or bonding. 2. **Voluntariness of Plea**: G.E.J. contended that his plea was not knowing and voluntary, citing that he believed he would be released upon entering the stipulation. However, testimonial evidence indicated that his attorney’s statements were not misleading and that G.E.J. was adequately informed of the charges and the evidence against him. 3. **Ineffective Assistance of Counsel**: Claims of ineffective assistance were examined under the Strickland standard, requiring a showing of deficient performance and resulting prejudice. The Court found no shown deficiency by his attorneys and ruled that even if there were lapses, they did not prejudice the outcome. 4. **Factual Basis for Stipulation**: The absence of a lengthy factual basis during the stipulation hearing did not undermine the sufficiency of the process; the Court noted adequate evidence existed to support the stipulation through prior hearings. The appeal was evaluated under the standards for an abuse of discretion, and the findings of the trial judge who observed G.E.J. throughout the proceedings were upheld. **DECISION**: The Court affirmed the decision of the Rogers County District Court, upholding the denial of G.E.J.’s motion to withdraw his stipulation. **Counsel for Juvenile**: Jeffrey Price **Counsel for Appellant**: Sarah MacNiven **Counsel for State**: Edith Singer **OPINION BY: ROWLAND, J.** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-65_1734448303.pdf)

F-2018-120

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-120, Shelton appealed his conviction for Human Trafficking for Commercial Sex. In an unpublished decision, the court decided to affirm the conviction and sentence. No one dissented. Shelton was found guilty of coercing a young woman to engage in prostitution. The jury sentenced him to thirty years in prison, which he must serve at least 85% of before he can be considered for parole. Shelton raised issues claiming that the trial court made several errors that affected his right to a fair trial. First, he argued that the court should have given a different definition for human trafficking. However, since he did not ask for a specific instruction during the trial, the court looked for any major mistakes. They decided that the instruction provided was accurate and that giving a different definition would have confused the jury more than it helped. Second, Shelton argued that there was not enough evidence against him to support the conviction. The victim testified that she was recruited by him, provided with clothing and drugs, and he took away the money she earned. The court found that the evidence clearly supported the jury's determination that Shelton coerced her, even though she was not physically forced to work. Third, a concern was raised about an instruction given by the trial court that explained consent was not a defense in this case. The court ruled that this instruction was correct and did not unfairly shift the burden of proof to Shelton. Finally, Shelton claimed he was unable to present a full defense because the trial court did not let him ask if the victim had engaged in prostitution before meeting him. The court decided that this question was not relevant, as the victim had already shared enough information about her background and that it did not show any reason for her to lie about Shelton. In conclusion, the court firmly upheld the conviction, showing that the trial was fair and that evidence supported the jury’s decision.

F-2018-119

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.

F-2017-1029

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2017-1029, Timothy Brian Bussell appealed his conviction for Rape in the First Degree - Victim Unconscious. In an unpublished decision, the court decided to affirm the judgment and sentence against him. One judge dissented. Bussell was found guilty by a jury and was sentenced to life imprisonment with the possibility of parole, even though the jury recommended life without parole. The case involved Bussell and a co-defendant, who filmed another co-defendant having sex with an unconscious victim. The jury believed there was enough evidence to show Bussell helped and encouraged the assault. Bussell raised ten arguments in his appeal, claiming errors during his trial. He argued that he did not get proper notice of the charges against him, that there was not enough evidence to convict him, and that the trial should have separated him from his co-defendant. He also claimed the victim's testimony was not credible, the prosecution made unfair statements, and that his lawyer did not do a good job. The court reviewed the evidence and found it sufficient for a conviction. They determined there were no significant errors that would affect his rights. The court emphasized that someone's testimony alone could support a conviction, especially if it was backed by video evidence. They concluded that Bussell knew the accusations he was facing and did not show that he was prejudiced by any mistakes made during the trial. Ultimately, the court decided that Bussell's claims did not show any grounds for reversing his conviction. His serious involvement in the crime was evident. The sentence was upheld as appropriate based on the crime he committed, emphasizing the importance of the victim's mistreatment.

F-2017-892

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2017-892, David Lee Seely appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. David Seely was found guilty of murdering Jackie Tyler Wesnidge during a fight that escalated in a car. Seely and Misty Dawn Benefield had left the house they were staying in after an argument between Wesnidge and Benefield. Seely, who had previously expressed strong feelings for Benefield, ended up stabbing Wesnidge seventeen times after a confrontation in the car. After the murder, Seely and Benefield crashed the car and tried to escape on foot. They were eventually found by the police. Seely claimed several errors during his trial, including the trial court's failure to instruct the jury on certain defenses, the exclusion of evidence he wanted to present, the admission of graphic photographs, and issues of prosecutorial misconduct. He also argued that he received ineffective assistance of counsel. The court reviewed Seely's arguments and found that the trial court did not err in failing to instruct the jury on defenses like defense of another or voluntary intoxication, as there was no sufficient evidence to support those claims. It also determined that the evidence excluded by the court was not necessary for understanding the case, and that the photographs admitted were relevant to the crime. Prosecutorial misconduct claims were examined, yet the court concluded these did not significantly harm Seely's right to a fair trial. Finally, it ruled that his counsel performed adequately, and there were no grounds for claiming he received ineffective representation. The court affirmed Seely's conviction, finding all claims of error were without merit.

F-2018-167

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2018-167, Roland G. Torgerson, Jr. appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to affirm the acceleration of his deferred judgment and sentencing. One member of the court dissented. The case began when Torgerson entered a plea of nolo contendere (no contest) in 2015 for concealing stolen property. His sentencing was delayed for three years, during which time he was required to make payments for restitution and district attorney fees. However, he failed to make these payments, leading the State to request that his deferred judgment be accelerated. Torgerson admitted he had not made the payments and asked for more time to do so several times. His illness and difficulty finding work made it hard for him to pay. At the hearing, he stated that he was trying to get Social Security to help his financial situation. Despite his claims, the judge decided he had not done enough to show he was unable to make the payments, and therefore, he was sentenced to a five-year suspended sentence. Torgerson raised two main arguments in his appeal. First, he claimed the court was wrong to accelerate his sentence based on his failure to pay, stating that doing so violated his constitutional rights. Second, he argued that the five-year suspended sentence was too harsh. However, the court found that Torgerson had not proven he could not pay and ruled that the judge exercised proper discretion in his decision. Ultimately, the court affirmed the decision to accelerate Torgerson's sentencing, while one judge dissented and expressed concern that the failure to pay was more about his financial situation than a willful disregard of the court's orders.

C-2018-225

Post author:Staff
Post published:May 9, 2019
Post category:C

**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. C-2018-225** **STATE OF OKLAHOMA** **Petitioner:** STEVEN LEON GRIMMETT **Respondent:** THE STATE OF OKLAHOMA **SUMMARY OPINION DENYING CERTIORARI** **Opinion by: LUMPKIN, JUDGE:** Steven Leon Grimmett (Petitioner) was charged with multiple felony counts and entered a blind plea of no contest. After sentencing, he sought to withdraw his plea, claiming coercion and misunderstandings regarding his sentence. His motion was denied, and he appealed the decision, raising several propositions of error. 1. **Coercion and Voluntariness of Plea**: Petitioner claimed his plea was coerced and involuntary. The court evaluated whether the plea was entered voluntarily and intelligently, emphasizing the importance of confirming that the plea was not the result of force or threats. The court concluded that evidence demonstrated the plea was voluntary. 2. **Advice on Sentencing Requirements**: The Petitioner contended he was not adequately informed about the 85% rule applicable to his sentence or the post-imprisonment supervision requirement. However, since these claims were not raised in his Motion to Withdraw Plea, the appellate court found he waived the right to contest these issues. 3. **Clerical Error Argument**: Petitioner argued there was a clerical error in the judgment regarding the requirement of post-imprisonment supervision. The court did not find this to be an obvious error but remanded the matter to the district court to address the claim. 4. **Effective Assistance of Counsel**: The court assessed his claims of ineffective assistance of both plea and withdrawal counsel using the Strickland test, which evaluates counsel's performance and whether any deficiencies prejudiced the defense. The court determined that Petitioner was sufficiently informed about his plea and that withdrawal counsel's performance did not constitute ineffective assistance. **DECISION**: The court affirmed the denial of the Motion to Withdraw Plea and remanded for the district court to address the clerical error regarding post-imprisonment supervision. **Counsel Information:** - **Counsel for Petitioner at Trial and Appeal**: Shelley Levisay, Kimberly D. Heinze - **Counsel for the State**: Adam Panter, Mike Hunter, David Hammer, Joshua Fanelli **Opinion filed: May 9, 2019** **Mandate ordered upon filing**. For full opinion documents, refer to [the PDF link here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-225_1734103367.pdf).

M-2018-212

Post author:Staff
Post published:May 9, 2019
Post category:M

**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.

RE-2018-342

Post author:Staff
Post published:May 9, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSHUA ERIC ARMSTRONG,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. No. RE-2018-342 **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY - 9 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **HUDSON, JUDGE:** Appellant Joshua Eric Armstrong appeals from the revocation of his suspended sentence from the Woodward County District Court Case No. CF-2017-5, overseen by the Honorable David A. Work, Associate District Judge. ### Background On March 31, 2017, Appellant pled no contest to the charge of Possession/Concealing Stolen Property, leading to a five-year sentence, with all but the first two months suspended. On March 8, 2018, the State sought to revoke Appellant's suspended sentence on various grounds: failure to report, providing a false address, testing positive for methamphetamine, failing to pay court costs, prosecution reimbursement fees, restitution, and committing Grand Larceny (Case No. CF-2018-11). At the March 27, 2018, hearing, Judge Work revoked four years of Armstrong's suspended sentence. ### Appellant's Claims 1. **Proposition I**: Judge Work’s pronouncements were insufficient regarding the alleged probation violations. - **Finding**: No statutory requirement exists for detailed findings at revocation. The petition sufficiently informed Appellant of the grounds. 2. **Propositions II, III, and V**: The State did not prove certain alleged violations. - **Finding**: The State proved other violations; only one is necessary for revocation. 3. **Proposition IV**: Insufficient evidence to prove a false address. - **Finding**: Evidence indicated Appellant likely provided a false address. 4. **Proposition VI**: Improper revocation for unemployment not alleged in the petition. - **Finding**: Appellant failed to object during the hearing, waiving the issue for all but plain error review, which he did not establish. 5. **Proposition VII**: The trial court abused discretion in revoking part of the suspended sentence instead of requiring treatment. - **Finding**: Evidence supported the violations alleged in the petition, and there was no abuse of discretion. ### Decision The revocation of Appellant's suspended sentence in Woodward County District Court Case No. CF-2017-5 is **AFFIRMED**. Mandate to be issued upon filing of this decision. **Appearances**: **Counsel for Defendant**: Ryan D. Recker **Counsel for Appellant**: Sarah MacNiven **Counsel for the State**: Kate Loughlin, Mike Hunter, Keeley L. Miller **OPINION BY**: HUDSON, J. **LEWIS, P.J.**: CONCUR **KUEHN, V.P.J.**: CONCUR **LUMPKIN, J.**: CONCUR **ROWLAND, J.**: CONCUR [Download PDF of Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-342_1734697264.pdf)

F-2017-825

Post author:Staff
Post published:May 9, 2019
Post category:F

In OCCA case No. F-2017-825, Ryan Paul Farr appealed his conviction for burglary in the second degree and possession of a firearm. In an unpublished decision, the court decided to affirm the convictions and sentences. There was one dissenting opinion. The case began when Farr was found guilty by a jury in Carter County. He faced two counts: one for burglary after having previous convictions, and another for having a firearm despite also having previous convictions. The jury decided that he should serve 25 years for the burglary and 15 years for the firearm possession, and the sentences were ordered to be served one after the other. Farr raised many complaints in his appeal, mentioning problems he believed occurred during the trial. He argued that the trial court made mistakes when it allowed the case to be reopened for more witness testimony and that he did not get a fair trial due to evidence of other crimes being presented. He also expressed concern about the prosecutor’s comments, which he thought made it seem like he was guilty before the jury could decide. The court looked closely at each of Farr's points. For the first complaint, the court said that letting the State present more witness testimony was a reasonable choice and didn’t hurt Farr's case. About the evidence of other crimes, the court noted that Farr didn’t object at the time these details were shared, which meant he couldn’t complain later. Farr also had issues with how his prior convictions were brought up during the trial, but the court found no major errors there either. When it came to the prosecutor’s behavior, the court decided that while the prosecutor made some points during arguments, they did not sway the trial's fairness. Farr's claims about not having enough evidence supporting his burglary and firearm possession were rejected since the court believed the evidence presented was sufficient to prove his guilt. Lastly, although Farr thought his sentences were too long, the court reminded him that sentences are usually left to the discretion of the judge unless they are extremely unfair, which in this case they weren’t. Because the court found no errors in the trial process, they confirmed the decision made in the lower court. In conclusion, the court affirmed the judgment and sentence against Farr, stating that all of his arguments were without merit.

F-2017-444

Post author:Staff
Post published:May 9, 2019
Post category:F

In OCCA case No. F-2017-444, Haskin appealed his conviction for child neglect and child sexual abuse. In an unpublished decision, the court decided to affirm his convictions and sentences. No one dissented. Haskin was found guilty of neglecting children and sexually abusing them. The jury gave him several long prison sentences, including ten years for each count of neglect and many decades for sexual abuse. The judge ordered these sentences to be served one after the other. Haskin raised seven main arguments against his conviction during his appeal. He claimed that the trial court made mistakes that affected his rights. For example, he said that evidence was unfairly used against him, and that the trial did not follow the rules properly. He argued that a police investigator should not have gone back to his property without a warrant, and that his rights were violated in other ways as well. However, the court found that the police acted reasonably and that Haskin's claims of error did not hold up because he did not provide enough details to support them. The court carefully reviewed everything and decided there was no need to change the outcome of the trial. They ruled that Haskin's conviction and the long sentences would stand. The decision means he will serve a considerable time in prison for his actions.

F-2017-1285

Post author:Staff
Post published:May 2, 2019
Post category:F

In OCCA case No. F-2017-1285, Isaac Avila appealed his conviction for multiple counts of kidnapping, possession of a firearm during the commission of a felony, and resisting an officer. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Isaac Avila was found guilty by a jury for kidnapping his estranged wife and his own children, along with possessing a firearm during these events and resisting an officer. The jury gave him various sentences, including a total of 50 years in prison for the kidnappings and other convictions. Avila argued that his convictions for kidnapping his children were not valid since he believed he had the right to be with them as their parent. He also claimed there wasn’t enough evidence to convict him for these crimes. The court examined the law and the evidence. They found that, while parents do have rights, Avila acted in a way that was not allowed by law when he took his children. The court also decided that the evidence was sufficient to support his convictions, meaning it was strong enough for a reasonable person to believe he was guilty. Avila further argued that the jury should have been told about the defense of consent, which is when someone allows an action to happen, and that his lawyer didn’t do a good job helping him. However, the court ruled that the trial instructions were adequate and that his lawyer's performance did not harm his case. Lastly, Avila thought his sentences were too harsh. The court agreed that, while they were serious, they were reasonable given the facts of the case. Overall, the court upheld Avila's convictions and sentences, deciding that he had received a fair trial and that the evidence against him was strong enough to support the jury's decisions.

F-2017-1230

Post author:Staff
Post published:April 25, 2019
Post category:F

In OCCA case No. F-2017-1230, Oleithia June Cudjo appealed her conviction for second degree murder while in the commission of felony driving under the influence, driving while privileged suspended, and transporting an open container of liquor. In an unpublished decision, the court decided to affirm her conviction. One judge dissented.

F-2017-639

Post author:Staff
Post published:April 25, 2019
Post category:F

In OCCA case No. F-2017-639, Christopher Lantz Wildman appealed his conviction for First Degree Manslaughter. In a published decision, the court decided that his conviction would be upheld. One judge dissented. Christopher Wildman was found guilty by a jury of killing someone and was sentenced to 12 years in prison. He was awarded credit for the time he served before the trial. Wildman argued several points in his appeal, claiming that his rights were violated during the trial. First, he said the evidence didn’t prove he wasn’t acting in self-defense, which is an important legal argument in these cases. He believed that if the evidence did not convince the jury beyond a reasonable doubt that he acted with wrongful intent, he should not have been convicted. However, the court found that there was enough evidence suggesting he did not act in self-defense. Wildman also claimed that his trial was unfair because some evidence showed bad character, and that the trial court did not properly instruct the jury on how to consider that evidence. The court reviewed this point and decided that the evidence presented was not overly prejudicial, so it allowed the trial to continue without a limiting instruction. He argued prosecutorial misconduct, which means he felt the prosecutor acted inappropriately during the trial. Wildman argued that remarks made by the prosecutor affected his right to a fair trial. The court noted that comments made by the prosecutor were not serious enough to change the outcome of the trial and were in response to claims made by Wildman. Wildman believed that his attorney did not perform well and that he should have had a better defense. The court examined this claim closely. It stated that for someone to prove their lawyer was ineffective, they need to show that their lawyer's performance was very poor and that it influenced the trial's outcome. The court found that Wildman's lawyer did not make serious mistakes. Additionally, he felt that some evidence about the victim’s habits was improperly allowed into the trial. However, since he did not object to this evidence during the trial, it made it harder for him to appeal this point later. Finally, Wildman argued that all these errors combined led to an unfair trial. The court did not find any significant errors, so they upheld the conviction. In conclusion, the court affirmed Wildman's conviction and sentence, stating that the original trial was fair and proper according to the evidence and legal standards.

C-2018-315

Post author:Staff
Post published:April 18, 2019
Post category:C

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.

RE-2017-801

Post author:Staff
Post published:April 18, 2019
Post category:RE

**Court of Criminal Appeals of the State of Oklahoma** **Case Summary** **Appellant:** Donald Antwan Mayberry **Appellee:** State of Oklahoma **Case No:** RE-2017-801 **Judges:** John D. Hudson (Chief Judge), Lewis, Kuehn (Vice Chief Judge), Lumpkin, Rowland (Judges) **Date Filed:** April 18, 2019 **Overview:** Donald Antwan Mayberry appealed the full revocation of his ten-year suspended sentences imposed by the District Court of Oklahoma County, presided over by Judge Timothy R. Henderson. Mayberry had previously pleaded guilty to two counts of Assault and Battery with a Dangerous Weapon, which resulted in concurrent ten-year suspended sentences under probation. **Revocation Proceedings:** The State filed an application to revoke Mayberry's suspended sentences, alleging several violations, including: 1. Committing new crimes (including Manufacturing or Possessing an Explosive Device). 2. Using methamphetamine while on probation. 3. Failing to pay probation fees. 4. Driving while his license was suspended. At the revocation hearing, the State presented evidence from law enforcement officers and Mayberry’s probation officer. Notable testimony included: - Sergeant Anthony Lee described a traffic stop of Mayberry's vehicle, where he discovered drugs and an ammo box containing bomb components. - Scott Dawson, a bomb technician, testified about the nature of the device found, indicating it could function as an improvised explosive device (IED). - Probation officer Brooke LeFlore reported Mayberry’s positive drug test for methamphetamine. Mayberry did not present any evidence in his defense. Judge Henderson concluded that Mayberry violated probation terms by committing the new crimes and using drugs, leading to the full revocation of his suspended sentences. **Propositions of Error:** 1. **Insufficient Evidence for Manufacturing an Explosive Device:** - Mayberry argued that the State failed to establish his intent to use the bomb or to send it to another person, as required by statute. - The court held that the evidence presented was sufficient to infer intent to intimidate or unlawfully damage property, and that one proven violation of probation was enough to justify revocation. 2. **Abuse of Discretion in Revocation Decision:** - Mayberry contended that the trial court abused its discretion by revoking his sentence in full, arguing that the punishment was excessive. - The court maintained that the presence of bomb-making materials and other violations substantiated the revocation decision. **Conclusion:** The Court affirmed the trial court's decision to revoke Mayberry's ten-year concurrent suspended sentences in full, finding that the evidence was adequate to support the conclusions of the trial judge. **Final Order:** Appellant's revocation of suspended sentences is **AFFIRMED**. The mandate is ordered to be issued. **Counsel for Appellant:** Pierce Winters, Marva A. Banks (Oklahoma County Public Defender’s Office) **Counsel for Appellee:** Kelly Collins, Mike Hunter (assistant district attorneys); Theodore M. Peeper (assistant attorney general) **Opinion Issued By:** Judge Hudson **Concurrences:** Judges Lewis, Kuehn, Lumpkin, and Rowland each concurred with the decision. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-801_1734709994.pdf)

F-2017-1231

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1231, Antonio Tiwan Taylor appealed his conviction for two counts of Sexual Abuse of a Child. In a published decision, the court decided to affirm the conviction. One member of the court dissented. Antonio Tiwan Taylor was found guilty by a jury in Oklahoma for harming his girlfriend's seven-year-old daughter in December 2014. The girl talked about what happened to her, and the State also shared letters that Taylor wrote to the child's mother where he seemed to admit his actions and apologize. Furthermore, a young woman testified that Taylor had raped her before, which was included to show his tendency to commit such acts. Taylor appealed his conviction on several points. First, he argued the trial court should not have allowed the woman’s testimony, claiming it was more harmful than helpful to his case. The court reviewed this claim and found no error in allowing her testimony; they saw it as relevant and not unfairly prejudicial to Taylor. Second, during the trial, the woman who made the earlier accusation did not show up, and Taylor argued that her absence meant her prior testimony shouldn’t be used. The court decided she was unavailable and allowed her earlier testimony to be read to the jury. Taylor disagreed but the court believed the State made enough effort to locate her, and they maintained that her previous testimony was still valid and credible. Next, Taylor made a claim based on collateral estoppel. This is a legal principle that says if someone was found not guilty of a crime, they shouldn’t be tried again for the same issue. Taylor believed that because he was acquitted of raping the woman in question, her testimony should not have been used against him in this case. However, the court explained that an acquittal does not mean the person is innocent but that there was reasonable doubt about their guilt. Thus, they could still consider the facts of the earlier case for a different purpose. Lastly, Taylor argued that even if the trial had a few errors, they added up to a reason for a new trial. Since the court found no errors in the previous claims, this argument was also denied. The court ultimately affirmed the decisions made during the trial, meaning Taylor's convictions and sentences remained in place.

F-2017-1167

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1167, Revival Aso Pogi appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Revival Aso Pogi was convicted of murdering Steven Qualls in Oklahoma City in April 2014. Qualls was found dead in his home, and the scene was very bloody. An autopsy showed he had been beaten and stabbed over fifty times. Pogi was arrested after his wallet and bloody handprints were found at the crime scene. During police questioning, Pogi initially denied any involvement but later admitted to killing Qualls, stating he acted in self-defense after being held captive. Pogi’s appeal raised several arguments. He claimed that there was not enough evidence to support his conviction and that the trial court made mistakes. He argued that the jury should have been given instructions on a lesser charge of manslaughter, that his statements to police were made under duress, and that evidence of the victim's past conduct was improperly excluded. Pogi also challenged the use of a graphic photograph of the victim and claimed that the cumulative impact of all errors warranted a new trial. The court rejected Pogi's claims. They found that the jury had enough evidence to conclude that Pogi intentionally killed Qualls and that his self-defense claim wasn’t justified. They ruled that the trial court made appropriate decisions about jury instructions and evidence. The court noted that even if there were errors, they were harmless and did not affect the outcome of the trial. Ultimately, the court upheld Pogi's conviction for First Degree Murder and confirmed the life sentence imposed by the trial judge.

RE-2017-964

Post author:Staff
Post published:April 4, 2019
Post category:RE

**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2017-964** **Antonio Depew Rhone, Appellant** **State of Oklahoma, Appellee** **Filed: April 4, 2019** **Summary Opinion:** Judge Hudson delivers the opinion of the court, affirming the revocation of Rhone's suspended sentence. ### Background: - On May 19, 2004, Antonio Depew Rhone pleaded guilty to Robbery with a Firearm and Kidnapping. - He received a 20-year sentence for the robbery (12 years suspended) and a concurrent 10-year sentence for kidnapping. - In July 2016, the State filed a motion to revoke his suspended sentence due to multiple probation violations, including new criminal charges. - After a revocation hearing on July 10, 2017, the District Court revoked Rhone's suspended sentence in full. ### Propositions of Error: 1. **Denial of Counsel of Choice:** Rhone claimed the trial court erred by not allowing him to hire his chosen attorney and denied his motion for a continuance. The court found no abuse of discretion, noting that Rhone had ample time to secure counsel but did not do so and had not shown any conflict with the appointed counsel. 2. **First Amendment Rights:** Rhone argued that his Facebook posts, which included threats, constituted protected speech. The court noted that Rhone did not object to the evidence's admissibility at the hearing, limiting review to plain error. The court ruled the statements were threats and not constitutionally protected speech. 3. **Insufficient Evidence for Revocation:** Rhone asserted the evidence against him was insufficient to support his revocation based on new criminal charges and other alleged probation violations. The court found that the State only needed to prove violations by a preponderance of the evidence and was satisfied the evidence presented justified the revocation. 4. **Abuse of Discretion in Revocation Decision:** Rhone contended that completely revoking his suspended sentence was excessive. The court reiterated that even one violation can justify a full revocation and found no abuse of discretion in the trial court's decision. ### Decision: The court affirmed the District Court's decision to revoke Rhone's suspended sentence. **Concurring Opinion (Kuehn, V.P.J.):** Kuehn concurred with the result, emphasizing that the evidence for the new drug charge alone justified the revocation. The other propositions were deemed moot. Kuehn agreed with the majority's analysis regarding the First Amendment claim, concluding there was no error in charging Rhone for his statements. **Conclusion:** The Oklahoma Court of Criminal Appeals upheld the revocation of Rhone’s suspended sentence, affirming the trial court's findings and rulings across all raised propositions. **[Download PDF of the full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-964_1734708773.pdf)**

F-2017-1103

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-1103, the appellant appealed his conviction for first degree murder. In a published decision, the court decided to affirm the judgment and sentence. One justice dissented. Jose Jonathan Rivera-Chavez was convicted of killing Wanda Cooper at a hotel. On December 27, 2016, Cooper went to the hotel office pleading for help while covered in blood. She collapsed shortly after and died from her injuries. Witnesses saw Rivera-Chavez trying to open car doors nearby after the incident. The police found him on the run and apprehended him with help from a police dog. Evidence showed blood on his clothes matched Cooper's. During the trial, Rivera-Chavez claimed he was under the influence of drugs and did not intend to kill Cooper. He admitted to stabbing her multiple times with a knife after becoming paranoid during a drug high. Despite his defense, the court noted that his actions and demeanor suggested he was not severely intoxicated. One key issue in the appeal was whether the court allowed evidence of Rivera-Chavez's silence after being read his rights, which he claimed violated his rights. The court found that this evidence was used properly to address his claim of voluntary intoxication and did not unfairly suggest guilt. The court concluded that even if there had been some error in admitting the evidence, it was harmless because ample evidence showed Rivera-Chavez's intent to kill. The judgment and sentence were ultimately upheld.

F-2017-849

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-849, Samuel Cosby appealed his conviction for assault and battery with a deadly weapon. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Samuel Cosby was found guilty by a jury in Oklahoma County and sentenced to life imprisonment. He raised several arguments to claim that errors during the trial affected his right to a fair trial. First, Mr. Cosby argued that the trial court made a mistake by not having a pretrial hearing to check if the expert testimony about firearms was reliable. The court found no error in allowing the expert testimony because it is generally accepted in trials. Second, he claimed the firearms expert's analysis was flawed and unfair. However, the court decided that there was no plain error since the expert's opinion was based on accepted methods. Third, he argued that a phone call he made from jail should not have been used as evidence. While he objected in court, the judges felt the phone call was relevant because it showed he was aware of the situation. Fourth, Mr. Cosby said there were mistakes in how evidence was handled, particularly about the victim's injuries. The court ruled that the evidence was necessary for proving the case. Fifth, he felt the jury instructions were wrong because his request for an explanation about inconsistent statements was denied. The court explained that the victim's testimony was not inconsistent enough to require such an instruction. Lastly, Mr. Cosby claimed he did not receive effective help from his lawyer. The court found that since these errors did not actually happen, this claim was also not valid. The overall decision was that the judgment and sentence against Mr. Cosby were correct, and his appeals did not show any significant errors that affected the fairness of his trial.

F-2017-559

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2017-559, Jonas Jorge Conroy-Perez appealed his conviction for Harboring a Fugitive From Justice. In a published decision, the court decided to reverse the acceleration of his deferred judgment and sentencing. One judge dissented. The case started when Conroy-Perez entered a guilty plea in 2015, which allowed him to avoid immediate penalties but required him to follow certain rules for two years. One of these rules involved paying fees. Later, the state claimed he violated these rules by not only missing payments but also due to new felony charges. In 2017, after a hearing, the judge decided that Conroy-Perez had violated his probation and increased his sentence to a 10-year term, with time suspended except for the first 90 days in jail. Conroy-Perez argued that he couldn’t pay the fees because he was unable to work after a vehicle accident and was receiving worker's compensation. The court looked into his arguments. On one hand, the court agreed that while the state proved he owed money, they should also have checked whether he was willfully not paying. The state did not show he could afford to pay the fees, thus the court ruled it was not right to increase his sentence based solely on that. Therefore, they sent the case back for further examination. On other points of appeal, the court found that there was no evidence his legal representation was inadequate and did not rule on the length of the new sentence since they had already reversed it. The dissenting judge noted concern about the implications of the ruling, emphasizing the importance of understanding a person’s ability to pay before increasing sentences for not paying fees.

F-2017-758

Post author:Staff
Post published:February 7, 2019
Post category:F

In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

C-2017-567

Post author:Staff
Post published:December 27, 2018
Post category:C

In OCCA case No. C-2017-567, the petitioner appealed her conviction for harboring a fugitive from justice. In an unpublished decision, the court decided to grant part of her request and said that she was wrongly denied her right to have a lawyer help her during important steps of her case. One judge disagreed with this decision. The case involves Teresa Lorena Altobella, who was charged with helping someone avoid the law. She pleaded guilty to the charge and was given a five-year prison sentence, which was suspended, meaning she wouldn’t go to jail if she followed certain rules, such as doing community service and completing a specific program. After her plea, she wanted to change her mind and asked the court to let her withdraw her guilty plea. The court had a hearing where Altobella tried to argue that she should be allowed to change her plea, but she did not have a lawyer to help her. She had trouble getting a lawyer before the hearing, and when she showed up without one, the judge did not allow her to have another lawyer during this important moment. Altobella argued that her guilty plea was not made correctly—she said she didn’t fully understand what she was doing when she pleaded guilty. The higher court looked at these points and agreed with Altobella when it came to the right to have a lawyer. The court said it is important for defendants to have legal help, especially during crucial parts of their cases like asking to withdraw a guilty plea. The court found that Altobella did not waive her right to a lawyer in a proper way, meaning that she should have been given a chance to have legal help. Because of this issue, the court decided to reverse the district court's decision that denied her request to withdraw her guilty plea. They sent the case back to the district court to make sure Altobella could have a lawyer help her figure out if she still wanted to withdraw her plea. The court's ruling on the pleas and other arguments was set aside because they believed it was essential to have proper legal representation in such cases. In summary, the court made it clear that every defendant has the right to legal assistance during important steps in their trial or when making significant legal decisions. This decision ensures that defendants have the support they need to navigate the legal system properly.

F-2017-532

Post author:Staff
Post published:December 13, 2018
Post category:F

In OCCA case No. F-2017-532, Shane Allen Vanderpool appealed his conviction for First Degree Murder, Possession of a Firearm After Former Conviction, and Eluding a Police Officer. In a published decision, the court decided to affirm his convictions and sentences. One judge dissented. The case began when Vanderpool shot and killed Blaine Wells in an incident that was determined to be a case of mistaken identity following an encounter at an intersection in Tulsa, Oklahoma. Vanderpool did not know Wells, and the circumstances of the shooting involved a misunderstanding about the identities of the people involved. Vanderpool was later connected to the crime through evidence that included phone records and testimonies that linked him to the location of the shooting. Witnesses to the shooting were able to identify Vanderpool as the shooter, and forensic evidence further implicated him. Vanderpool was charged with First Degree Murder and other related offenses, ultimately leading to a conviction and a sentence of life imprisonment without the possibility of parole for the murder charge. During the appeal, Vanderpool raised several issues regarding the trial court's admission of evidence relating to his character and gang affiliations. He claimed that such evidence denied him a fair trial. However, the court found that the evidence was admissible as it was closely connected to the events of the shooting. Vanderpool also challenged certain photographic evidence presented at trial, arguing it was prejudicial and lacked relevance. The court, however, concluded that these photographs had significant probative value and did not substantially outweigh any potential prejudicial effect. Another argument Vanderpool made was about the unconstitutionality of a statute regarding the sentencing of noncapital murder defendants, which he felt limited his ability to present mitigating evidence during sentencing. The court held that the statute was constitutional and provided due process protections. Furthermore, Vanderpool contended that his defense counsel was ineffective for failing to raise certain objections during trial. The court noted that his counsel's performance did not result in prejudice that would impact the trial's outcome; therefore, this claim was also denied. Finally, Vanderpool argued that the cumulative effect of errors during his trial denied him a fair trial. The court ruled that as they found no substantial errors, this claim also failed. In conclusion, the court affirmed Vanderpool's convictions and the sentences imposed by the trial court. The opinions aligned with the decisions made regarding the evidentiary rulings and the interpretation of the relevant statutes. One judge expressed a differing view but ultimately the majority ruled in favor of upholding the lower court's decision.