Excessive sentence

F-2004-293

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In OCCA case No. F-2004-293, Sarah Lynne Ganis appealed her conviction for nine counts of Child Neglect. In an unpublished decision, the court decided that her convictions were upheld, but her sentence was modified to run all counts concurrently. One judge dissented. Sarah was found guilty of neglecting her children. She was sentenced to a lot of time in prison, with some counts getting longer sentences than others. She appealed this decision because she thought there weren't enough facts to prove she was guilty, the jury wasn't given the right instructions, and she was punished unfairly for the same actions more than once. She also argued that some testimonies and pictures used in the trial were too harsh and unrelated, and that evidence of other issues in her life was unfairly included. Sarah believed these problems made her trial unfair. On review, the court looked closely at Sarah's arguments. They decided that there was enough evidence to support the jury’s decision. Even though some jury instructions could have been better, they didn't think it made a big difference in the outcome of the trial. The court also found that it was appropriate for Sarah to be convicted for separate counts involving different children and incidents, meaning she didn’t suffer from double punishment. Regarding the pictures and testimonies, the court believed they were relevant to the case and didn't unfairly sway the jury. They also thought the evidence of Sarah receiving assistance was closely related to the charges against her, not a separate crime. After considering everything, the court believed that while the convictions stood, the sentences were too heavy and decided to change them so she would serve her time for all counts at the same time, rather than one after the other. Even though there were claims of wrongdoings in how the case was handled during trial, the court found it didn’t lead to a new trial or different outcome.

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RE-2004-445

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In OCCA case No. RE-2004-445, Dewayne Eugene Ring appealed his conviction for attempted burglary. In an unpublished decision, the court decided that Ring should have a chance to withdraw his guilty plea because he was not eligible for a suspended sentence due to his prior convictions. The court found that his previous felony convictions meant that part of his sentence that was suspended was void. Therefore, they ordered that the lower court should give him a chance to withdraw his plea. If he chose not to withdraw it, the court was to make him serve the full sentence. One judge dissented in this opinion.

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F-2004-666

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In OCCA case No. F-2004-666, the appellant appealed his conviction for failure to register as a sex offender. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to two years imprisonment. One judge dissented. The case involved Steven Randel Hargrove, who was found guilty by a jury for not registering as a sex offender, which is a legal requirement for people with certain criminal backgrounds. He was sentenced to five years in prison by the judge, following the jury's recommendation. Hargrove appealed, arguing several points regarding his trial and conviction. First, he claimed that there wasn't enough evidence to prove that he intentionally failed to register. He felt this violated his rights as protected by the U.S. Constitution and the Oklahoma Constitution. The court reviewed the evidence and decided that while it was unclear if he had intentionally failed to register, there was enough evidence for a reasonable jury to conclude otherwise. Therefore, his argument on this point was denied. Second, Hargrove argued that he did not get good representation from his lawyer. He felt his lawyer made mistakes that harmed his case. The court agreed that his lawyer should have tried to keep certain information about Hargrove's past offenses from the jury. This information likely influenced the jury to give him a harsher sentence. As a result, the court recognized this as a significant issue. Finally, Hargrove believed his sentence was too harsh and that the mistakes made during the trial denied him a fair trial. Since the court agreed with him about the ineffective assistance of counsel, they decided to change his sentence from five years to two years in prison. In summary, the court upheld Hargrove's conviction but reduced his prison time due to the errors made during his trial. One judge disagreed with this decision, believing there was not enough proof of Hargrove's intent to fail to register as a sex offender.

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F-2003-1297

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In OCCA case No. F-2003-1297, Thomas Edward Gale appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to uphold most of his convictions but reversed one of them. One judge dissented. During the trial, Gale was found guilty of making methamphetamine and possessing certain substances that can be used to create drugs. He received a long prison sentence and a hefty fine. Gale argued that he should not have been punished twice for having two different precursor substances without a permit and also claimed that some of the evidence against him was not strong enough. The court found that Gale's actions of making meth and having precursor substances without a permit were different crimes, so it was okay for him to be convicted for both. However, they agreed that he should not have been convicted for both types of precursor substances because that counted as one crime. So, they reversed that part of the decision. The court decided that there was enough evidence to prove that Gale was keeping a place where drugs were used and sold. They also concluded that his sentence and fine were appropriate. In the end, the court upheld Gale's sentences for most of the crimes but dismissed one of the precursor possession convictions.

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F-2004-198

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In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

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F-2003-1252

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In OCCA case No. F-2003-1252, Reed appealed his conviction for possession of a firearm after a former felony conviction. In a published decision, the court decided to affirm the conviction but modify the sentence from life imprisonment to twenty years. One judge dissented. Reed faced charges including first-degree murder and possession of a firearm, but the jury could not agree on the murder charge, leading to a mistrial for that count. The state decided not to pursue one of the firearm charges. The jury convicted Reed on the remaining firearm possession charge and recommended a life sentence. On appeal, Reed argued that the trial court made a mistake by not declaring a mistrial for each charge after the jury couldn't reach a verdict on the murder. He believed his life sentence was excessive and went against the Constitution. The court reviewed the facts and concluded that the trial court acted within its rights when it denied Reed's request for a mistrial. However, they found that a life sentence for the firearm possession was too harsh under the circumstances. As a result, they changed Reed's sentence to twenty years in prison instead of life. The final decision was to keep Reed's conviction, but to lessen his punishment.

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F-2003-717

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In OCCA case No. F-2003-717, Paul Delmer Morgan appealed his conviction for Distribution of a Controlled Dangerous Substance (Cocaine). In an unpublished decision, the court decided to affirm Morgan's conviction but modified his sentence. One judge dissented. Morgan was found guilty and sentenced to life in prison and a $100,000 fine. He challenged his conviction by claiming there were six main problems with the trial. First, he argued that there was evidence shown to the jury about other crimes he committed, which he felt was unfair. Second, he said the judge should have told the jury how to use statements from a witness who had changed his story. Third, he thought the judge did not properly warn the jury about trusting the informant’s testimony. Fourth, he believed the fine he received was too high because of how the judge gave instructions to the jury. Fifth, Morgan thought that his sentence was too harsh. Lastly, he claimed that taken together, these errors made it impossible for him to have a fair trial. After reviewing everything, the court found that the evidence about the other crimes was closely connected to his current case, so it could be allowed. They also noted that Morgan did not object to it during the trial, which meant he could not easily argue against it now. Regarding the witness’s inconsistent statements, the court agreed that the judge should have explained this to the jury, but they ruled that it did not hurt Morgan's case. The informant's testimony was supported by other evidence, so the lack of instruction on that wasn't a problem. They also decided that the fine imposed on Morgan was too high. Instead of $100,000, they lowered it to the maximum allowed by law, which was $10,000. Finally, the court felt that a life sentence for selling a small amount of cocaine was too extreme, even with Morgan’s prior criminal record. They changed his sentence to 20 years in prison instead. In conclusion, while the court confirmed Morgan's conviction, they modified his sentence to 20 years and a $10,000 fine. However, one judge disagreed with modifying the sentence, believing that the jury had made the right decision based on the evidence they had.

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F-2003-747

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In OCCA case No. F-2003-747, John Carl Marquez appealed his conviction for Assault and Battery Upon a Police Officer, Prisoner Placing Bodily Fluids on a Government Employee, and Domestic Abuse, Assault and Battery. In an unpublished decision, the court decided to affirm the convictions for Resisting a Police Officer and Domestic Abuse but modified the sentence for the charge of Prisoner Placing Bodily Fluids from life imprisonment to thirty years. One judge dissented regarding the length of the modified sentence. The case involved an incident where Marquez got into a fight with his wife after a night of drinking. His wife called her parents for help, which led to the police being called. When officers arrived at their trailer, Marquez was found in the bathtub and refused to cooperate. After struggling with the officers, he was handcuffed and later spat on one of them. The jury convicted him for several offenses based on this behavior, and the trial court initially sentenced him to one year for the first and third counts and life imprisonment for the second count. During the appeal, Marquez argued that the life sentence was too harsh and that his arrest was illegal. The court found the arrest was lawful, the prosecution’s conduct was acceptable, and the cumulative errors did not deny him a fair trial. However, the court agreed that the life sentence for a non-violent act, such as spitting, was excessive and changed it to thirty years, citing a need for more reasonable sentencing. While the majority of the court upheld most of the trial court's decisions, a dissenting judge expressed that even the thirty-year sentence was excessive compared to the gravity of the crime Marquez committed against his wife, suggesting a need for sentencing reform to ensure fair punishment across similar cases.

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C-2003-890

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In OCCA case No. C-2003-890, Saul Perez appealed his conviction for Child Neglect. In a published decision, the court decided to modify his sentence from eighteen years to ten years imprisonment. One judge dissented. Saul Perez pleaded guilty to the crime of Child Neglect, which means he was accused of not taking care of a child properly. He was sentenced to eighteen years in prison. Shortly after, Perez asked to take back his guilty plea, saying he shouldn’t have to accept the charge. He had several reasons why he believed the court should let him withdraw his guilty plea. First, he argued that there wasn’t enough evidence showing he was responsible for the child's neglect. Second, he thought he didn’t fully understand what he was pleading guilty to, so it wasn't a voluntary choice. Third, he said his punishment was too harsh, especially since he felt he hadn’t had a duty to care for the child, and the neglect wasn’t intentional. Lastly, he claimed he didn’t have a proper interpreter during an important meeting about his plea, which he believed violated his rights. The court reviewed all the facts and found that two of his reasons were valid enough to change his punishment. They determined that there was some confusion in the case about whether he truly understood the crime he was admitting to. They discussed what “neglect” meant and explained that the law is meant to hold responsible individuals accountable for a child's safety and care. Ultimately, while the court did not consider some of the reasons Perez gave for wanting to withdraw his plea, they agreed that his punishment was too severe based on the situation. Therefore, they reduced his sentence to ten years in prison instead of the original eighteen. One judge disagreed with the decision, arguing that without proving that Perez had a duty to care for the child, he should not be seen as guilty of a crime. This dissent meant that there was a difference of opinion among the judges regarding the case.

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RE-2003-902

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In OCCA case No. RE-2003-902, Toni Jo Wallace appealed her conviction for obtaining merchandise by means of a bogus check. In a published decision, the court decided to affirm the revocation of her suspended sentences but modified her sentence in Case No. CF-2000-225 from five years to one year. One judge dissented. Toni Jo Wallace faced multiple charges over several cases, including obtaining goods through a bogus check and various charges related to forgery and possession of drugs. Her sentences were initially suspended, meaning she wouldn't have to serve time if she stayed out of trouble. However, she committed new crimes and failed to pay fines, leading the state to seek the revocation of her suspended sentences. During the hearing, the judge found that Wallace did violate the terms of her probation and decided to revoke the suspended sentences in all her cases. Wallace argued that the judge made a mistake by revoking all her suspended sentences instead of giving her a chance to improve or face less severe punishment. She also felt that the punishment she received was too harsh and that the judge should not have made her new sentences serve longer than her original agreement. The court reviewed the judge's decision and felt that it was within his rights to revoke the sentences. They noted the importance of following through on punishments when someone breaks the rules again. However, they agreed that the initial five-year sentence for one of the charges was longer than allowed by law, so they shortened that sentence. In the end, while Wallace's appeal did not succeed in reversing her convictions, she did see a reduction in one of her sentences. The court emphasized that following the rules is essential, especially for someone on probation, while also ensuring sentences are fair and within legal limits.

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F-2003-315

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In OCCA case No. F-2003-315, Shawn William Jacks appealed his conviction for Possession of a Firearm after felony conviction. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Shawn Jacks was found guilty by a jury for having a firearm, which is not allowed because he had a previous felony conviction. The jury decided that Jacks should spend five years in prison. He did not agree with this decision and decided to appeal, which means he wanted a higher court to look at the case again. Jacks raised several reasons for his appeal. First, he argued that he did not know he was being tried for the specific crime he was accused of. He also claimed that his lawyer did not help him enough. In addition, he said that some evidence used in the trial was unfair and should not have been allowed. Lastly, he felt that the punishment he received was too harsh. After looking carefully at everything, the court agreed with Jacks and found that he was not properly defended during his trial. They said that his lawyer’s strategy implied that Jacks was guilty, which is not what a lawyer should do. Because of this, the court decided that Jacks should get a new trial where he has a chance to defend himself properly. In conclusion, the court’s decision meant that Shawn Jacks could fight the charges against him again in court.

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F-2003-583

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In OCCA case No. F-2003-583, Ronald Lee King appealed his conviction for Unlawful Delivery of Cocaine Base, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment but modify the sentence. One judge dissented. Ronald King was found guilty of delivering a type of illegal drug. The jury decided that he should go to prison for twenty-five years and pay a fine of $30,000. King thought the trial was unfair for several reasons. First, he argued that the evidence, which was the illegal drug, should not have been used in court. He believed there was not enough proof to show that the drug was really connected to him. However, the court thought that the State had enough proof to say that the evidence was properly linked to King. Second, King said he should have been able to see notes from a police officer who helped in his case. The court found that there was no mistake here because King had everything he needed from the prosecutor's file. Third, King believed his punishment was too harsh and thought the prosecutor said some unfair things during the trial that might have influenced the jury. The court agreed that the sentence was too much in terms of the fine. They lowered the fine from $30,000 to $10,000 but kept the prison sentence the same. In the end, King's prison sentence stands, but the amount he has to pay was reduced.

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F-2003-405

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In OCCA case No. F-2003-405, Clarence Edward Reed appealed his conviction for Unlawful Possession of Controlled Drug, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Reed's conviction but modified his sentence to six years in prison instead of eight. One judge dissented on part of the decision.

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F-2003-1145

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In OCCA case No. F-2003-1145, James Lee Wiggins appealed his conviction for Knowingly Concealing Stolen Property. In a published decision, the court decided to affirm the conviction but modified the sentence to eight years of imprisonment instead of ten. One judge dissented. Wiggins was found guilty by a jury and received a sentence of ten years for concealing stolen property after having prior felony convictions. He raised several issues in his appeal. He argued that evidence of his past crimes unfairly influenced the jury and that improper comments during his trial led to an inflated sentence. Additionally, he stated that his case should be sent back to change the judgment so he could receive credit for the time he had already served. Lastly, he claimed that all these errors together made his trial unfair. Upon reviewing the case, the court agreed that some errors occurred, particularly regarding how the prosecution questioned Wiggins about his past prison time. However, they believed that these mistakes did not change the verdict of guilty. They also confirmed that he should receive credit for the time served due to a clerical error in his judgment. In the end, Wiggins' conviction was maintained, but the court reduced his sentence and directed the trial court to correct the judgment to ensure he received credit for the time he served.

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F-2003-1089

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In OCCA case No. F-2003-1089, Micah Ananias Horn appealed his conviction for Committing Indecent or Lewd Acts with a Child. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Horn was found guilty and sentenced to eight years in prison. He argued that several things were wrong with his trial. First, he said he didn't get a fair trial because the jury saw video evidence about a lie detector test, which is not allowed in court. He also claimed his confession was not given freely and that the prosecutor unfairly tried to make the jury feel sorry for the victim. Horn believed there wasn't enough evidence to show he did something sexual, and he thought the way the prosecutor spoke during the trial was unfair and confusing. After looking closely at all the information, the court agreed with Horn on two main points. The first was that the mention of the lie detector test could have influenced the jury’s decision and that it was serious enough to affect the outcome. The second point was that the way the prosecutor explained the burden of proof to the jury was incorrect and could confuse them about what beyond a reasonable doubt means. Since these mistakes were significant, the court ruled that Horn's conviction should be overturned, and he should have a new trial to make sure he gets a fair chance to defend himself.

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C-2003-399

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In OCCA case No. C-2003-399, Ronnie Lamar Coulter appealed his conviction for multiple counts including First Degree Rape and Assault with a Deadly Weapon. In a published decision, the court decided to affirm part of the original conviction while reversing the conviction for Count 12, which was for Assault with a Deadly Weapon. One judge dissented. Coulter had pleaded guilty to several serious crimes and was sentenced to a total of 200 years in prison. He later tried to withdraw his guilty plea, but the trial court denied this request. His appeal included complaints about the lack of a recorded sentencing hearing, the harshness of his sentence, and the validity of the Count 12 charge. The court found that Coulter had knowingly and voluntarily entered his plea and that the lack of a recorded hearing did not hinder his ability to appeal. The judges ruled that there wasn’t evidence to suggest that the sentencing was unfair or based on inappropriate information. However, Coulter's appeal concerning Count 12 was granted because the judges agreed that there was no basis for the charge since no battery had been committed as required by law. Thus, the court upheld most of the original convictions but reversed the one regarding Assault with a Deadly Weapon.

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F-2002-1511

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In OCCA case No. F-2002-1511, Helen Rosson appealed her conviction for Unlawful Delivery of a Controlled Drug. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to ten years' imprisonment. One judge dissented, suggesting the sentence should only be reduced to forty-five years, not ten. Rosson was convicted after a jury trial where she was sentenced to fifty years and a large fine. She raised several issues on appeal, including being punished twice for a single event, the unfair introduction of other crimes evidence, prosecutorial misconduct, and the excessive nature of her sentence. The court found her convictions did not violate double jeopardy laws, noted that the evidence of other crimes should not have been included, but concluded that it did not unfairly influence the jury's decision on guilt. The sentence was modified due to the impact that the inadmissible evidence had on the jury’s sentencing decision.

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F 2003-193

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In OCCA case No. F 2003-193, Walter Lacurtis Jones appealed his conviction for Domestic Abuse, second and subsequent offense. In a published decision, the court decided to affirm the conviction but modified the sentence to one year in the county jail and a fine of fifteen hundred dollars. One judge dissented.

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M-2003-513

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In OCCA case No. M-2003-513, the appellant appealed her conviction for resisting an officer and possession of marijuana. In an unpublished decision, the court decided to affirm the convictions but modify the fine for possession of marijuana. One judge dissented. The appellant was found guilty by a jury for two charges: resisting an officer and possession of marijuana. The incident happened when a truck driver reported a car driving erratically on a highway. When officers arrived, they found the appellant behind the wheel, showing signs of intoxication with the smell of alcohol and marijuana. Initially, the appellant was compliant, but she soon became aggressive and refused to cooperate with the officers. When they tried to arrest her, a struggle ensued, and the appellant physically fought with the officers. After getting her under control, the officers conducted a search of her vehicle and found marijuana. Later, while being booked at the jail, they discovered she had a marijuana cigarette in her pocket. The appellant believed her sentence of twenty months for the crimes was too harsh. She requested that they serve her sentences at the same time instead of one after the other. However, the court found that the sentences were reasonable and did not shock their conscience, so they decided to keep them consecutive. However, they agreed with the appellant that a fine of $1,000 imposed by the trial court was too high, as it exceeded what the law allowed. The maximum fine for the possession charge was actually $500 according to the law, so they reduced her fine to this amount. In summary, while the court upheld the appellant's conviction and the overall punishment, they made a small change to the fine amount.

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F-2002-1546

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In OCCA case No. F-2002-1546, David Jewel Newton appealed his conviction for First Degree Rape, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case for a new trial. One judge dissented. David Jewel Newton was found guilty by a jury in Tulsa County and was given a very long sentence of 458 years in prison. He said he did not get a fair trial because there were some biased jurors. Mr. Newton’s lawyer did not properly challenge a juror who was a police officer and should not have served on the jury. The court agreed that this was a mistake and that Mr. Newton's lawyer did not do his job well in defending him. Since the jury should have been fair, the court decided that Mr. Newton deserves a new trial where he can be tried by a new set of jurors who are fair and not biased. The dissenting opinion said that the jurors who were chosen in the trial were impartial and that there was no reason to order a new trial because the rules about jurors were being misunderstood.

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F 2002-1265

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In OCCA case No. F 2002-1265, Rian Wayne Ockerman appealed his conviction for First Degree Manslaughter and Leaving the Scene of an Accident Involving Death. In an unpublished decision, the court decided to reverse the conviction for First Degree Manslaughter and remand with instructions to dismiss that charge, while affirming the conviction for Leaving the Scene of an Accident. One judge dissented.

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F 2002-1009

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In OCCA case No. F 2002-1009, Rodney Jerome Burton appealed his conviction for trafficking in illegal drugs (cocaine base) and possession of a controlled dangerous substance within 1000 feet of a public park. In an unpublished decision, the court decided to affirm the conviction for trafficking in illegal drugs, but it dismissed the conviction for possession of a controlled dangerous substance within 1000 feet of a public park. One judge dissented. Burton was found guilty of trafficking in cocaine and possession of drugs near a public park. The jury recommended sentences of twenty years for trafficking and ten years for possession, which were to be served at the same time. Burton raised several reasons for his appeal, claiming that the evidence was not strong enough to support the verdicts, and that there were other problems in the trial. The court examined each of his claims, finding that there was enough evidence to support the trafficking conviction. They also decided that the jury was not pushed to come to a verdict and that the trial court followed the rules correctly regarding other pieces of evidence. It was determined that the remarks and actions of the prosecutor did not unfairly affect Burton's trial. The court concluded that there was no error regarding the prior photograph and that Burton's trial lawyer did a good job. Even though Burton wanted to benefit from a change in the law that might have helped him, the court said he was not entitled to that benefit because it didn’t apply to his case. Overall, the court upheld the sentence for trafficking but overturned the possession sentence, telling lower courts to dismiss that charge.

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F-2002-855

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In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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F-2002-552

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In OCCA case No. F-2002-552, Jack Leroy Helms appealed his conviction for Unlawful Possession of Obscene Pictures of Minors. In an unpublished decision, the court decided to affirm Helms's conviction but to modify his sentence to two years of imprisonment. One member of the court dissented. The case began when Helms was tried by a jury and found guilty of having illegal pictures of minors. The trial took place in Jefferson County. The jury recommended a 15-year sentence, and the trial judge sentenced Helms accordingly. However, Helms argued that he should have been charged under a different law that applied specifically to possession of child pornography, which would result in a shorter sentence. The court agreed that Helms should have been charged under the more specific statute, but they affirmed his conviction. They also decided that his imprisonment sentence should be reduced to two years instead of the original 15 years. Helms raised several issues during his appeal, claiming that he was unfairly treated during the trial, that there wasn't enough evidence against him, and that his sentence was too harsh. The court found that the evidence was sufficient to uphold his conviction, as there were witnesses and online activities that indicated he had access to the illegal pictures. In the end, Helms's conviction was upheld, but changes were made to the judgment to show he was convicted under the correct law and his sentence was adjusted to be less severe. The decision allowed some correction but ultimately found in favor of the prosecution's case against Helms.

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