Evidence Insufficient Archives

F-2018-760

Post author:Staff
Post published:December 5, 2019
Post category:F

**Court of Criminal Appeals of the State of Oklahoma** **Case Summary: Monte Dean Perry v. The State of Oklahoma** **Case No.: F-2018-760** **Judgment Date: December 5, 2019** **Overview:** Monte Dean Perry was convicted by a jury on charges of assault and battery with a deadly weapon and endeavoring to perform an act of violence. The court sentenced him to 30 years for the first count and 5 years for the second, with both sentences to run concurrently. **Legal Issue:** Perry appealed the conviction, claiming that the evidence was insufficient to prove he assaulted the victim with a knife, arguing that the prosecution did not meet the burden of proof beyond a reasonable doubt. **Court's Review Standard:** The appellate court evaluated the evidence under the standard that favors the prosecution, determining if any rational trier of fact could find the essential elements of the crime proven beyond a reasonable doubt, as per *Spuehler v. State*. **Decision:** The court upheld the jury's conviction, finding that the evidence was indeed sufficient to support the verdict. Perry's proposition of error was denied, and the judgment and sentence were affirmed. **Additional Notes:** - Perry must serve 85% of his sentence for Count 1 before being eligible for parole consideration. - The opinion was delivered by Presiding Judge Lewis, with concurrence from Judges Kuehn, Lumpkin, Hudson, and Rowland. For full text or additional details, refer to the official opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-760_1735216916.pdf).

J 2016-0745

Post author:Staff
Post published:December 14, 2016
Post category:J

In OCCA case No. J 2016-0745, J.M.D. appealed his conviction for Endeavoring to Perform an Act of Violence. In an unpublished decision, the court decided to reverse the order adjudicating J.M.D. as a delinquent child and remand the matter to the District Court with instructions to dismiss. One judge dissented. The case began when a delinquent petition was filed against J.M.D., a 15-year-old boy, accusing him of planning to hurt others. The case went to trial where the judge heard the evidence. J.M.D. had made a list of people he did not like and called it a Hit List. However, he said he was just joking and having fun with a friend when he made the list. He did not plan to hurt anyone. The court found that the evidence was not strong enough to prove that J.M.D. really intended to harm anyone. The judges agreed that just writing a list, even with a bad name, does not mean someone is a danger to others. Because there was no proof of a real intention to do harm, the court decided that J.M.D. should not be labeled as a delinquent child. The judges also noted that the law requires strong proof in these cases. Since the state failed to show that J.M.D. was really trying to hurt someone, he should not have been found guilty. Therefore, they decided to dismiss the case against him.