Felony Crime Archives - OCCA Opinions

F-2019-82

Post author:Mili Ahosan
Post published:August 27, 2020
Post category:F

In OCCA case No. F-2019-82, Spencer Thomas Cato appealed his conviction for various crimes including possession of a controlled drug with intent to distribute and possession of a firearm after a felony. In a published decision, the court decided to affirm most of the convictions but reversed and dismissed one count against Cato. A judge dissented regarding the dismissal of that count. Cato had been found guilty of several offenses, including having a controlled substance and firearms while being a convicted felon. During the trial, the jury sentenced him to a total of several years in prison along with fines. The judge decided some of these sentences would be served at the same time, while others would be served one after the other. Cato appealed, arguing that his rights were violated because he was punished twice for what he saw as the same action. Specifically, he felt the charges of possessing a firearm after a felony and possessing a firearm while committing a felony were not separate. Cato believed that the law should prevent him from being punished for both crimes since they stemmed from the same act of possessing the same gun with no significant break in time between the two actions. Upon reviewing the case, the court agreed with Cato’s argument. They found that there was no new evidence that suggested he had used the firearm for a different purpose at different times. The trial revealed that Cato had the gun and drugs at the same time which led to the conclusion that punishing him for both counts was not appropriate. The court decided to reverse the lesser charge and direct that it be dismissed. In summary, while some of Cato's convictions and their sentences were confirmed, the court found that he could not be punished for both possessing a firearm after a felony and possessing it while committing another felony under the circumstances of his case. Hence, they instructed the lower court to dismiss the one charge.

RE-2013-212

Post author:Mili Ahosan
Post published:February 27, 2014
Post category:RE

In OCCA case No. RE-2013-212, Alvin Lavan Johnson appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse Johnson's revocation order and remand the case for further proceedings. One judge dissented. In 2003, Johnson was charged with the felony crime of domestic abuse. After pleading guilty in 2004, he received a suspended sentence of seven years. Years later, the State issued a warrant to revoke his suspension. Johnson was arrested and a revocation hearing took place with a judge and a prosecutor who had both been involved in the previous stages of his case. Johnson argued that this created an unfair situation. In his appeal, Johnson raised several points. He claimed that the delay in processing his case required dismissal. He also argued that it was unfair for the same attorney who had defended him to now be prosecuting him, and that the judge who revoked his sentence was involved in the original case. The State admitted errors but thought that a new hearing would be enough to fix the issues. The court agreed with Johnson on two of his claims, stating that the previous judge and prosecutor had conflicts of interest due to their past involvement in the case. Because of this, the court reversed the revocation order and sent the case back for further examination. Johnson will have a chance to present his arguments, including the claim about the delay, in front of a new and impartial judge. The court concluded that the other claims raised by Johnson didn’t need to be discussed at this time.

S 2011-0023

Post author:Mili Ahosan
Post published:October 17, 2011
Post category:S

In OCCA case No. S 2011-0023, David Franco appealed his conviction for several charges related to using a vehicle in the discharge of a weapon, assault and battery with a dangerous weapon, feloniously pointing a firearm, and other related charges. In an unpublished decision, the court decided to affirm the ruling that dismissed some of the charges against him. One judge dissented.

C 2002-1379

Post author:Mili Ahosan
Post published:May 23, 2003
Post category:C

In OCCA case No. C 2002-1379, the petitioner appealed his conviction for kidnapping. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the petitioner's application to withdraw his plea. One judge dissented. The case started when the petitioner entered a guilty plea to the crime of kidnapping. He was sentenced to seventeen years in prison as part of a plea agreement. However, shortly after, the petitioner wanted to withdraw his guilty plea. He filed a motion for this, but during the hearing, he was not present, even though he had the right to be there. His lawyer asked the court to move forward without him, believing it was best since the petitioner was already in custody. The court looked at whether the absence of the petitioner from this critical hearing was a serious mistake. The petitioner did not agree to waive his right to be present, which the court pointed out as important. The judges discussed that being absent from such a crucial part of the trial could lead to unfair treatment. While the State argued that the absence was not a big deal and didn't affect the outcome, the court disagreed. They emphasized that this hearing was meant to gather facts and needed the petitioner's presence. The court found that merely saying the absence was harmless was not enough in this case. The lawyer who represented the petitioner at the hearing did not provide evidence or firsthand statements from the petitioner, only mentioning a letter the petitioner had written earlier. The court raised concerns that the lawyer might not have properly consulted with the petitioner about not attending the hearing. Since the petitioner claimed he entered the plea without properly thinking it over and believed he had a valid defense, the case could not fall under rules that would let the court dismiss his request without consideration. The judges decided that the petitioner's right to a fair hearing had been violated because he was not there to fully participate and because his lawyer did not act effectively for him in this situation. Therefore, the court ruled that the case should go back to the district court to ensure the petitioner can have a complete hearing on his wish to withdraw his guilty plea.