Excessive sentence Archives - Page 10 of 10

F-1999-1654

Post author:Staff
Post published:April 4, 2001
Post category:F

In OCCA case No. F-99-1654, Damean Ortego Tillis appealed his conviction for Unlawful Possession of Marijuana with Intent to Distribute and Feloniously Carrying a Firearm. In an unpublished decision, the court decided to modify the first conviction to Unlawful Possession of Marijuana and reduce the sentence to one year of imprisonment, which would be served consecutively with the sentence for the firearm charge. One judge dissented. Tillis was tried by jury in Caddo County and found guilty of both charges. The jury recommended a ten-year sentence for the marijuana charge and a twenty-year sentence for the firearm charge. The judge agreed to these sentences and ordered them to be served back-to-back. Tillis raised several points in his appeal. He argued that the trial court made mistakes, including admitting evidence of his previous conviction and not allowing a separate trial for the firearm charge. He claimed this hurt his chances for a fair trial. He also believed there wasn't enough evidence to prove he intended to distribute marijuana and that his sentence was too harsh. After reviewing everything, the court agreed that the trial court made a mistake by admitting evidence of Tillis's past conviction during the first part of the trial. This was against the rules because the laws say only certain previous convictions should be shared at certain stages of the trial. However, the court decided that, even with this mistake, the evidence against Tillis for possessing marijuana was strong enough to still uphold his conviction, but it should be changed to a less serious charge. For the second point, the court found no error in not telling the jury about a lack of knowledge defense regarding the firearm. They said there was no evidence to support that claim. On the third point, they agreed there wasn't enough evidence to show he wanted to distribute marijuana, so they modified that conviction to simple possession, which is less serious. Lastly, they said the sentences were not extreme, so the decision on the firearm charge stayed unchanged. In summary, Tillis's conviction for marijuana possession was lessened, and his sentence was adjusted, but the firearm conviction was maintained as originally sentenced.

RE-2000-1010

Post author:Staff
Post published:March 28, 2001
Post category:RE

In OCCA case No. RE-2000-1010, the appellant appealed his conviction for multiple charges, including possession of methamphetamine with intent to distribute, failure to affix a tax stamp, unlawful possession of marijuana, unlawful use of a police radio, and unlawful possession of drug paraphernalia. In a published decision, the court decided to affirm the revocation of the appellant's suspended sentences but also ordered that the sentences for two specific charges be modified to ensure they were within the legal limits set by statute. One judge dissented.

RE-2000-920

Post author:Staff
Post published:March 28, 2001
Post category:RE

In OCCA case No. RE-2000-920, Robert Lerone Mims appealed his conviction for violating probation terms. In a published decision, the court decided to reverse the revocation of three years of Appellant's suspended sentence and remand the case back to the District Court for further actions. One member of the court dissented.

C-2000-750

Post author:Staff
Post published:February 5, 2001
Post category:C

In OCCA case No. C-2000-750, Nikisha Lynn Farris appealed her conviction for robbery in the first degree and concealing stolen property. In a published decision, the court decided to modify her sentence. One judge dissented. Farris pleaded guilty to robbery and concealing stolen property. She did not have a deal with the District Attorney about her sentence. The judge sentenced her to 100 years for robbery and 5 years for concealing stolen property, and both sentences would be served at the same time. After her sentence, Farris wanted to take back her guilty plea. However, the trial court said no when she asked to withdraw her plea. Farris then appealed the trial court's decision, and the court looked at everything in the case including records and Farris's arguments. The court found that Farris's plea was knowing and voluntary, meaning she understood what she was doing when she pleaded guilty. The court also determined that her lawyer did not make mistakes that harmed her case. However, the court thought the 100-year sentence for robbery was too harsh. They decided to change her sentence to 30 years instead. So while Farris would still have to spend time in prison, it would be less time than what she was originally given. The court agreed to modify the sentence while keeping the other parts of the original decision.