False Declaration of Ownership

C-2013-1030

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In OCCA case No. C-2013-1030, the petitioner appealed his conviction for grand larceny, false declaration of ownership in pawn, and bail jumping. In an unpublished decision, the court decided to deny the petitioner's request for certiorari. One judge dissented. Kevin Anthony Eifert pleaded guilty to several charges in the District Court of Ottawa County. These included two counts of grand larceny, one count of false declaration of ownership in pawn, and one count of bail jumping. The court placed him in Drug Court but later removed him from that program. Following this, he was sentenced to serve prison time and pay fines. After his sentencing, Eifert tried to withdraw his guilty pleas. He argued that the court did not have proper records to support the pleas, that he was not competent to enter them, and that some of the fines were too high according to the law. He also claimed he did not receive effective help from his lawyers during his hearings. The court looked at his claims and decided that he had not made a proper challenge to some of his arguments when he initially tried to withdraw his pleas. Because of this, some of his complaints were not reviewed. While reviewing the case, the court found that one of the fines imposed was indeed higher than what the law allowed. They modified that fine to the correct amount. In the end, the court denied Eifert's request to change his sentence but changed one fine to align with the legal limits. Most of the judgments from the Ottawa County District Court were confirmed. Overall, while Eifert's appeal was mostly unsuccessful, one part of his sentence was modified due to an error, showing that the court takes care to ensure fairness in sentencing.

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F-2008-127

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In OCCA case No. F-2008-127, the appellant appealed his conviction for multiple offenses including False Declaration of Ownership in Pawn, Knowingly Concealing Stolen Property, and various Computer Crimes. In a published decision, the court decided to affirm the termination of the appellant from the Drug Court program but vacated one conviction for Assault and Battery on a Police Officer since the charges had been dismissed before the time of termination. One judge dissented.

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RE-2007-850

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In OCCA case No. RE-2007-850, Barbara Denise Sanders appealed her conviction for grand larceny and false declaration of ownership, as well as three counts of bail jumping. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for the grand larceny charge, but reversed the revocation of her bail jumping sentences, which means those were dismissed. One judge dissented. Barbara Sanders had pleaded guilty to her charges and received several sentences that were mostly suspended, meaning she wouldn't have to serve time if she followed certain rules. However, she did not follow these rules, which included not paying fees, failing to report to her probation officer, and leaving Oklahoma without permission. Because of these issues, the state tried to revoke her suspended sentences. At a hearing, Barbara admitted to the problems but argued the state had not acted quickly enough to bring her back to court for these issues. The judge did not agree with her and decided to revoke her sentences. On appeal, Barbara claimed that the state had not been diligent in prosecuting her case, and she also pointed out mistakes in the court's records. The court agreed that certain parts of her previous sentences had not been revoked properly and decided that the state had acted too late in one of her cases, which resulted in those charges being dismissed. In the end, the court kept the revocation for the grand larceny charge but said the revocation for the bail jumping charges was invalid because the state did not follow the rules in time.

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C-2005-311

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In OCCA case No. C-2005-311, Emily Burns appealed her conviction for robbery with a firearm and false declaration of ownership in pawn. In an unpublished decision, the court decided to grant her appeal and modify her sentence. One judge dissented. Emily Burns pleaded guilty to robbery with a firearm and false declaration of ownership in pawn. A judge sentenced her to 25 years in prison for robbery and five years for the other charge, with both sentences running at the same time. Burns later asked to withdraw her guilty plea, arguing her long sentence was unfair. The court looked at how the sentence was decided. They said when someone pleads guilty, the judge must consider all possible punishments. Burns claimed the judge had a policy of giving at least 25 years for armed robbery without looking at her specific case. This concerned the appellate court because it seemed the judge might not have thought about all the facts before sentencing. Burns used a fake gun during the robbery, and no one was really hurt. The court believed that sentencing her to 25 years for using a fake gun in a non-violent way was extreme given her background as a young mother with no prior criminal record. The appellate court decided to change Burns's punishment, reducing her sentence to 10 years in prison because the original sentence was too harsh. They affirmed her convictions but modified the length of her sentence. Burns also argued that she was denied a chance to have her sentence reviewed after a year, which is a right she has by law. However, the court said she was not denied this right because the judge just needed her to file a motion if she wanted a review. In the end, the court granted her request to modify her sentence and reaffirmed her convictions, while one judge believed that the original sentence should stand.

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F-2002-1428

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In OCCA case No. F-2002-1428, Henry C. Flowers, Jr. appealed his conviction for False Declaration of Ownership to a Pawnbroker, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Flowers' conviction but remand the case for resentencing. One judge dissented. Flowers was found guilty by a jury and sentenced to twenty years in prison. His appeal included two main points of error. The first point was that he believed there wasn't enough proof that he made a false declaration to a licensed pawnbroker. He argued that since the employee who helped him at the pawnshop was not a licensed pawnbroker, his actions should not count as a crime. However, the court explained that the law only requires the pawnshop owner to be licensed, not every employee. Therefore, the court felt there was enough evidence for the jury to decide that Flowers committed the crime. The second point raised by Flowers was about how the judge handled his sentence. The judge seemed unsure whether he could make Flowers' twenty-year sentence run at the same time as another sentence he already had. The court explained that judges do have the authority to run sentences concurrently and that not knowing this could be an abuse of discretion. Because of this, the case was sent back to the lower court for the judge to review the sentencing again. Overall, the court upheld Flowers' conviction but said the judge needs to reassess how to handle the sentences.

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O-98-461

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In OCCA case No. O-98-461, Johnnie Edward Romo appealed his conviction for False Declaration of Ownership and Embezzlement by Employee. In a published decision, the court decided to reverse the order and judgment that revoked his suspended sentences. No justices dissented. Johnnie Romo had originally pleaded guilty and received a suspended sentence for his crimes. However, the state later sought to revoke this suspended sentence after he did not comply with the rules of probation. The appeal focused on two main points: first, that the state took too long to act on the motion to revoke his sentence, and second, that there was a promise made regarding reducing sentences if he admitted to the allegations. The court reviewed the arguments and found that the state did not act quickly enough and allowed Romo's suspended sentences to expire without bringing him to court in a timely manner. As a result, the court reversed the decision to revoke the sentences and instructed that the case be dismissed.

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