Evidence Archives - Page 7 of 7

F-2001-529

Post author:Staff
Post published:October 22, 2002
Post category:F

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 In an unpublished decision, the court decided to affirm two of his convictions but reversed nine other counts related to using a communication facility to facilitate the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.

F 2001-999

Post author:Staff
Post published:October 18, 2002
Post category:F

In OCCA case No. F 2001-999, Eric Jackson Davis appealed his conviction for multiple sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions but reversed one of them due to lack of sufficient evidence. One member of the court dissented regarding the decision on sentencing. Davis was found guilty by a jury of five counts of First Degree Rape, two counts of Lewd Molestation, and one count of Forcible Oral Sodomy. The trial took place over three days, and the jury decided on punishments ranging from ten to fifty years for the various counts. The judge announced that Davis's sentences would be served one after the other, known as consecutive sentences. Davis raised three main issues on appeal. First, he argued that there was no evidence proving that a sexual act occurred in the case of the Forcible Oral Sodomy charge, and therefore he asked for that conviction to be overturned. Second, he claimed that there was insufficient evidence for one of the rape counts and wanted it dismissed as well. Lastly, he argued that receiving a total of two hundred forty years in prison was too severe. After looking at the facts and evidence from the trial, the court found that most of the convictions were supported by enough evidence. However, they agreed that one rape conviction should be reversed because the prosecution did not present enough proof to support that specific charge. The court did not find merit in the argument about the Forcible Oral Sodomy conviction. Regarding the sentence, the court acknowledged that different factors should be considered when deciding if a sentence is too harsh. While they found the trial judge's refusal to consider running the sentences at the same time was wrong, they stated that the judge's personal views about sex crimes against children influenced that decision. Therefore, the case was sent back to the lower court for resentencing, but the main convictions were upheld. In summary, the court upheld the majority of Davis's convictions and ordered the court below to reconsider how the sentences were issued, while they reversed one specific conviction due to a lack of evidence. One judge disagreed with the need for a new sentencing hearing, believing that the consequences should remain as they are given the serious nature of the crimes.

F-2001-1061

Post author:Staff
Post published:September 27, 2002
Post category:F

In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.

F-2001-558

Post author:Staff
Post published:June 27, 2002
Post category:F

In OCCA case No. F-2001-558, Medlin appealed her conviction for Manslaughter in the First Degree by Heat of Passion. In an unpublished decision, the court decided to reverse her judgment and dismiss the case. One judge dissented. The case began when a jury found Medlin guilty of Manslaughter for the shooting death of her husband, Jay Medlin. The jury sentenced her to four years in prison. Medlin argued that the trial court made a mistake by allowing instructions on a lesser charge of Manslaughter since she believed her actions were in self-defense due to previous abuse from her husband. Throughout their marriage, Medlin testified about the many times she and her children had been harmed by Jay. On the night of the shooting, after Jay verbally threatened the family and struck Medlin, she took a gun and shot him multiple times while he was asleep, believing she was defending herself and her children from further harm. At the appeal, the court determined that the evidence did not support a jury instruction on Manslaughter because Medlin had intended to kill her husband. The trial court's instructions to the jury were incorrect because they could only find that she had meant to cause death. Since the evidence only pointed to a conviction for murder, the court concluded that the previous conviction must be dismissed under the law. Thus, the court reversed the conviction and ordered the lower court to dismiss the case entirely, which also meant Medlin could not be tried for First Degree Murder again after the jury had found her not guilty of that charge. The dissenting opinion argued that the judge gave the jury a fair chance to decide based on the evidence presented and that the jury's actions were reasonable based on what they had seen and heard during the trial. In conclusion, the court's ruling in this case emphasized that if there is no substantial evidence showing that a lesser charge could apply, then that instruction should not be presented to the jury.

F-2001-651

Post author:Staff
Post published:June 7, 2002
Post category:F

In OCCA case No. F-2001-651, Vadell Lamont Wright appealed his conviction for Unauthorized Use of a Motor Vehicle and Using a Vehicle to Facilitate the Intentional Discharge of a Firearm. In an unpublished decision, the court decided to reverse the convictions. One judge dissented. Wright was found guilty by a jury and received a sentence of twenty years for the unauthorized use of a vehicle and twenty-five years for using a vehicle in connection with the discharge of a firearm, with both sentences to be served one after the other. He decided to appeal his convictions. The court reviewed several claims raised by Wright regarding his trial. The main issues included: 1. Seeing the defendant in handcuffs could have influenced the jury. 2. There was not enough evidence to say that Wright used the vehicle to make the shooting easier. 3. The court did not allow the defendant to explain his belief that he was allowed to use the car, known as a defense of mistake. 4. Evidence about other crimes affected Wright's right to a fair trial. 5. Communication between the jury and the trial judge was improper. 6. The trial court made mistakes regarding immunity for a co-defendant. 7. The jury was not given the option of lesser charges. 8. Overall, multiple errors deprived Wright of a fair trial. Focusing on the second issue, the court noted that Wright used a stolen vehicle to flee from police. He was in the vehicle with another person who fired a gun at an officer during the chase. However, the court found that simply using the car did not meet the legal requirement that it had to help make the shooting occur. There wasn’t enough evidence to show that the act of using the car was linked to the shooting directly. Additionally, in regards to possible mistakes about using the vehicle, the trial court's instructions did not help the jury understand what was being asked about having permission to use the car. Wright believed he had permission from the person who was with him and thought he could use the vehicle, but the trial court did not clearly explain this possibility to the jury. As a result, the court decided to reverse Wright's conviction for shooting from a vehicle and dismissed that charge. They also decided to send the Unauthorized Use of a Motor Vehicle charge back for a new trial, stating that the earlier jury did not get all the right information to make a fair decision. In conclusion, the court found that Wright should not have been convicted based on the evidence presented and that he deserved a chance to argue his case again in a new trial.

F 2001-465

Post author:Staff
Post published:June 4, 2002
Post category:F

In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.

F-2001-230

Post author:Staff
Post published:March 27, 2002
Post category:F

In OCCA case No. F-2001-230, Shihee Hason Daughrity appealed his conviction for two counts of Robbery with a Dangerous Weapon and one count of False Personation. In a published decision, the court decided to affirm his convictions on the robbery counts but reversed the conviction for False Personation. One judge dissented. Daughrity was tried along with another person and was found guilty of robbing someone while using a dangerous weapon and falsely claiming to be someone else. The judge sentenced him to a long time in prison and also made him pay fines. Daughrity thought the trial was unfair and wanted to appeal. The court looked at the reasons Daughrity gave for why he thought he should win his appeal. He questioned whether there was enough proof for the False Personation charge because there wasn't clear evidence that he impersonated an actual person. The court reviewed previous cases to understand what counts as False Personation. They found that in this case, there wasn’t enough proof to show he impersonated someone who could be harmed by his actions. While the evidence seemed to show he used a fake name to escape responsibility for his actions, the instructions given to the jury were incomplete. Because of this, Daughrity's conviction for False Personation was reversed, which means he shouldn’t have been found guilty of that charge based on how the jury was instructed. However, they kept his convictions for robbery since they were clear and backed by enough evidence. In conclusion, while Daughrity's robbery convictions stayed, he won on the False Personation count. The judges made sure that the right procedures were followed, highlighting how important it is for juries to have complete and clear instructions when they are deciding on guilt.

F-2001-1028

Post author:Staff
Post published:March 2, 2002
Post category:F

In OCCA case No. F-2001-1028, Terry Wayne Jennings appealed his conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse his conviction and dismissed the case. One judge dissented. Terry Wayne Jennings was found guilty by a jury in Kiowa County. The jury recommended he be sentenced to eighteen years in prison, and the judge also added a fine of $25,000, even though the jury did not suggest it. Jennings appealed his sentence, raising several issues. One of the main points in his appeal was about the search warrant used to collect evidence against him. Jennings argued that the warrant was based on a weak affidavit, which is a written statement used to get permission from a judge to search a place. He claimed that his rights were violated because this affidavit did not provide enough information to believe there was a good reason to search his property. The court reviewed the details of how the warrant was issued and the information given to the judge who approved it. They said that in deciding whether there was probable cause for a search, the judge needed to believe there was a fair chance that the information was true. Important details like whether the informing person was credible or if their information offered any independent confirmation were necessary. In this case, the specific informant's information was not well-supported. The court noted that there was no past history of the informant giving reliable information to the police. They compared this case to a previous case where a similar situation led to the suppression of evidence. After looking carefully at the affidavit, the court felt there was not enough solid information for the judge who issued the warrant to conclude that there were true grounds for the search. As a result, the court decided that Jennings’ conviction was based on evidence that should not have been allowed, reversing his conviction and ordering that the case be dismissed. In conclusion, the decision from the court meant that Jennings was no longer considered guilty based on how the evidence was collected. The court stressed that following proper legal procedures is important to protect everyone's rights, especially in criminal cases.

F-2002-324

Post author:Staff
Post published:February 28, 2002
Post category:F

In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

RE-2001-180

Post author:Staff
Post published:January 9, 2002
Post category:RE

In OCCA case No. RE-2001-180, Jason Lee Hunt appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the revocation of Hunt's suspended sentence. One member of the court dissented. Jason Lee Hunt had originally been convicted for unlawfully possessing marijuana and had received a suspended sentence, which means he did not have to serve time in jail as long as he followed certain rules. However, he got in trouble again when he did not report to his probation officer, did not tell the officer when he moved, and missed payments he was supposed to make as part of his probation. The court held a hearing to discuss these issues. The judge determined that Hunt had clearly violated the terms of his probation and decided to revoke his entire suspended sentence. Hunt appealed this decision, arguing that the judge made some mistakes, like not properly checking if he could afford to make the payments and not giving him a fair chance to defend himself. After reviewing the case, the court found that there was enough proof that Hunt had not followed the rules of his probation. They agreed with the judge's decision to revoke his sentence but disagreed with the part where he was asked to pay for jail expenses. The court decided to remove those payment orders.

F-2000-998

Post author:Staff
Post published:December 21, 2001
Post category:F

In OCCA case No. F-2000-998, Gene Doyle Smothermon appealed his conviction for Possession of Methamphetamine With Intent To Distribute. In an unpublished decision, the court decided to affirm the conviction while modifying the sentence to 30 years imprisonment. One judge dissented. Gene Doyle Smothermon was found guilty of having methamphetamine and was sentenced to serve a long time in prison. The jury first suggested he should go to prison for 75 years, but the judge decided he would serve 30 years instead. Smothermon appealed because he believed there were many mistakes made during his trial. Smothermon raised several issues during his appeal: 1. He argued that some evidence used in the trial was unfair and weak. 2. He said the trial court should have allowed his investigator to testify, claiming this took away his right to present his defense. 3. He felt the evidence against him was not strong enough to prove he was guilty. 4. He claimed the prosecutor made improper statements during the trial. 5. He thought his punishment was too harsh. 6. He believed that many errors added up to cause unfairness in his case. 7. Lastly, he asked the court to fix mistakes in the records about his guilty pleas for less serious charges. The court carefully looked over all the information from the trial, including evidence and arguments. They found that the trial did not make serious mistakes. They agreed that the evidence, including a dog alerting to drugs found in Smothermon's car, was relevant and did connect him to the case. They also ruled that not allowing the defense investigator to testify was reasonable since the investigator was disclosed too late in the trial process. They noted that while the prosecutor made some mistakes in his closing arguments, they were not serious enough to make the trial unfair. The most important point was that the judge was right to lower the original sentence from 75 years to 30 years, which they believed was more appropriate for the crime. In the end, the court confirmed Smothermon's conviction and changed his sentence to 30 years. They also decided that the trial court should correct the records to show the true details of his guilty plea for lesser charges. One judge did not agree with this decision.

F-2001-10

Post author:Staff
Post published:November 13, 2001
Post category:F

In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

F-2000-1308

Post author:Staff
Post published:October 26, 2001
Post category:F

In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.

J-2001-57

Post author:Staff
Post published:October 2, 2001
Post category:J

In OCCA case No. J-2001-57, J.L.H. appealed her conviction for Public Drunk. In an unpublished decision, the court decided to affirm the adjudication of delinquency and disposition of the District Court while modifying the victim compensation assessment. One judge dissented. J.L.H. was found delinquent because she did something that, if she were an adult, would be considered being publicly drunk. This happened in the District Court of Grady County. After the court made its decision, J.L.H. was placed under the care of the Office of Juvenile Affairs and was to live with her grandmother. J.L.H. had three main reasons for her appeal. First, she believed that the court's decision did not match the evidence presented and the court's own conclusions. Second, she thought it was wrong that her treatment plan was not filed on time, as the rule says it should be done in thirty days. Third, she argued that the court should not have made her pay a victim compensation fee because it did not apply to her case. After looking closely at the records, the court found that there was enough proof during the hearing to support the decision made about J.L.H. They decided that the way she was placed with her grandmother was in her best interest and fit with the law's requirements. The court also determined that not filing the treatment plan on time did not harm J.L.H. However, the court agreed with J.L.H. on the issue of the victim compensation fee. They said that the court could not charge her this fee because there was no evidence to support it in her case. So, they decided to cancel the $25 fee. Overall, the court upheld the main decision about J.L.H.'s delinquency and how she would be treated, but they removed the charge for the victim compensation fee.

F-2000-1163

Post author:Staff
Post published:September 27, 2001
Post category:F

In OCCA case No. F-2000-1163, Byrin Carr appealed his conviction for unlawful delivery of a controlled dangerous substance (cocaine base). In an unpublished decision, the court decided to modify Carr's convictions. One judge dissented. Byrin Carr was found guilty by a jury of two counts related to selling cocaine near a school and public housing. The judge sentenced him to ten years in prison for each count, plus fines. However, Carr argued that the court made mistakes during his trial. One of the key points was that Carr wanted the jury to hear about entrapment. This means he believed he was tricked into committing the crime by police. The court agreed that this important point should have been shared with the jury. Because of this mistake, the court changed Carr's convictions. Now, instead of being convicted of delivery, Carr was found guilty of possessing cocaine near a school and just possession of cocaine in general. His new sentence was reduced to five years for each conviction, to be served one after the other. While most of the judges agreed with this decision, one judge dissented. This dissenting judge believed that instead of changing the convictions, the case should be sent back for a new trial to address the mistakes made. Overall, the case highlighted the importance of fair instructions to the jury and how mistakes in court can lead to changes in sentences or corrections in charges.

RE-2000-1566

Post author:Staff
Post published:September 7, 2001
Post category:RE

In OCCA case No. RE-2000-1566, the appellant appealed his conviction for unlawful possession and distribution of controlled drugs. In a published decision, the court decided to vacate the order that suspended the appellant's sentences and remanded the case for further proceedings. One judge dissented. The case began when the appellant was found guilty of possessing cocaine, methamphetamine, and distributing drugs to a minor. These offenses happened on January 30, 1994, and the appellant entered guilty pleas on March 27, 1995. As part of a plea agreement, the state recommended a fifteen-year sentence for each charge, which was to be served concurrently. The court accepted the pleas and suspended the sentences under probation conditions. In 1998, the state sought to revoke the suspended sentences because the appellant was allegedly found in possession of methamphetamine. During the revocation hearing, the judge ordered the sentences to be revoked in full based on the evidence presented. The appellant argued that the case should be sent back to the lower court, allowing him to withdraw his guilty plea, referencing a previous case for support. The court noted that the appellant had not previously disclosed several felony convictions before accepting his guilty plea, which raised questions about the validity of the initial suspended sentence. The court ruled that the suspensions were invalid due to legislative restrictions against suspending sentences for individuals with previous felony convictions. As a result, the court instructed the lower court to hold further proceedings consistent with the decision referenced in the previous case. Additionally, it was ordered that the appellant be given a chance to withdraw his guilty plea. If he chose to do so, the prior convictions would be vacated, allowing the state to prosecute him again if necessary. If he decided to keep the guilty plea, the sentences would be executed immediately, with credit given for the time already served. Ultimately, the court's decision led to the dismissal of remaining errors regarding the revocation orders, as they were deemed moot now that the suspension orders were vacated.

F-2000-1156

Post author:Staff
Post published:August 28, 2001
Post category:F

In OCCA case No. F-2000-1156, Randy Scott Bucsok appealed his conviction for lewd molestation and rape by instrumentation. In a published decision, the court decided to reverse the lower court's judgment and remand the case for a new trial. One judge dissented. Bucsok was found guilty of multiple charges, including lewd molestation and rape by instrumentation. The jury sentenced him to a total of 60 years in prison, with some sentences running consecutively while others were partially suspended. Following his conviction, Bucsok raised several arguments in his appeal regarding mistakes made during the trial. First, he argued that the trial court made a mistake by not allowing two witnesses, Shell and Kemble, to testify. The court found this was a serious error because their testimony could have been important to Bucsok's defense. The judges believed that excluding this evidence hurt Bucsok's chance for a fair trial. Bucsok also claimed that the trial court wrongly allowed hearsay testimony from other witnesses. However, the court decided that this part of the trial was handled correctly and that the testimony was admissible. Additionally, Bucsok expressed concern about unfair evidence being presented to the jury regarding uncharged crimes, but the court determined that there was no plain error in how this evidence was managed. Finally, he disagreed with the trial court’s decision to bar testimony about the victim's behavior that could explain injuries. In conclusion, the court found that the trial court had made critical mistakes, particularly in not allowing key witnesses to testify, which warranted a new trial for Bucsok.

F-2000-617

Post author:Staff
Post published:July 2, 2001
Post category:F

In OCCA case No. F-2000-617, Bernard Eugene Laster, Jr. appealed his conviction for Possession of Controlled Dangerous Substance and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the order of acceleration of Laster's sentences for the first two offenses but vacated the judgment for the third offense related to a tax stamp. There was no dissent.

F-2000-335

Post author:Staff
Post published:June 9, 2001
Post category:F

In OCCA case No. F-2000-335, Alfred Lee Horn appealed his conviction for three counts of Unlawful Delivery of a Controlled Dangerous Substance, Trafficking in Illegal Drugs, and Cultivation of Marijuana. In an unpublished decision, the court decided to affirm the judgments but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting the sentences should be modified to twenty years each.

F-2000-365

Post author:Staff
Post published:April 19, 2001
Post category:F

In OCCA case No. F-2000-365, Kevin Michael Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance, specifically methamphetamine. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Crase was found guilty after a trial by jury and received a sentence of twenty years in prison and a $50,000 fine. He argued several points for his appeal, including that there wasn't enough evidence to prove he was actually involved in making the drugs or helping someone else do it. Upon reviewing everything, the court agreed with Crase, stating that although he was there and knew what was happening, there was no proof that he helped or encouraged the drug production in any way. Simply being present at the scene isn’t enough to prove someone committed a crime. Therefore, the court reversed his conviction and instructed the lower court to dismiss the case.

RE 2000-0688

Post author:Staff
Post published:April 17, 2001
Post category:RE

In OCCA case No. RE 2000-0688, the individual appealed his conviction for unlawful possession of a controlled substance. In an unpublished decision, the court decided to reverse the decision by the lower court and send the case back for further proceedings. One judge dissented. Here's what happened: The person had a suspended sentence because he had pleaded to a crime in 1997. His sentence meant that he would not go to jail right away, but he had to follow certain rules. If he broke those rules, the court could revoke his suspended sentence and send him to jail. In April 2000, the state filed to revoke his suspended sentence. The hearing to decide this was supposed to happen soon, but due to scheduling issues, the hearing was delayed. The court did not hold the hearing within the required 20 days after the plea was entered. Because of this delay, the court found that they lost the authority to revoke the sentence. The appellate court reviewed the case and made the decision to reverse the lower court's ruling. They pointed out that the law clearly states the timeline for revocation hearings and that this timeline was not followed in this case. Thus, they sent the matter back to the lower court for further action.

RE 2000-0434

Post author:Staff
Post published:March 9, 2001
Post category:RE

In OCCA case No. RE 2000-0434, Jeremy Keith Wright appealed his conviction for participating in a riot and conspiring to commit a felony. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences. One judge dissented. Here's what happened: Jeremy Keith Wright had been found guilty of participating in a riot and conspiracy. He was given a chance to stay out of jail by having his sentences suspended for three years, along with some rules to follow. He also had to pay a fine and fees. Later, the State of Oklahoma wanted to take away his suspended sentences because they believed he violated the rules. On March 6, 2000, they filed a request, but Jeremy wasn’t given a hearing on this until March 28, which was more than the twenty days they were allowed according to the law. Jeremy argued that the court should not have held the revocation hearing after the twenty days were up without his permission. The judges looked carefully at this issue. They concluded that since the hearing was late and there was no proof that Jeremy agreed to wait longer, they could not uphold the revocation. Therefore, the court reversed the decision made by the trial court and sent the case back for more action according to their ruling.

M-2000-115

Post author:Staff
Post published:January 31, 2001
Post category:M

In OCCA case No. M-2000-115, the person appealed his conviction for assault and battery, assault upon a peace officer, and malicious injury to property, along with two counts of domestic abuse - assault and battery. In a published decision, the court decided to affirm the convictions except for one count of domestic abuse, which was reversed with instructions to dismiss. One member of the court dissented. The case took place in the District Court of Seminole County, where the appellant was found guilty after a non-jury trial. He was sentenced to time in jail and fines for his crimes, and the sentences were ordered to be served one after the other. During the appeal, the appellant raised two main arguments. First, he claimed that two counts of assault and battery were unfair because they stemmed from the same incident. Second, he argued there was not enough evidence to prove he intended to assault a police officer. After reviewing the case, the court agreed that the two counts of domestic abuse arose from one incident and that the state had not properly informed the appellant about these charges, so the conviction for that count was reversed. However, the court found there was enough evidence to support the other convictions. In summary, except for one count of domestic abuse that was reversed, the court upheld the other convictions.