Fine

F-2005-357

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In OCCA case No. F-2005-357, Bruce Morris Barnett appealed his conviction for trafficking in illegal drugs and misdemeanor possession of marijuana. In a published decision, the court decided that while the trial judge made a mistake by imposing a fine of $100,000 instead of the minimum fine of $25,000, the convictions were upheld. The judge's sentence was modified to change the fine, but the overall decision affirmed the jury's findings regarding the evidence for the convictions. One judge dissented.

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F-2005-405

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In OCCA case No. F-2005-405, Edward Mark Szczepan, Jr., appealed his conviction for Assault and Battery upon a Police Officer. In a published decision, the court decided to affirm the conviction but modified the sentence. The dissenting opinion was not recorded. Szczepan was tried in a non-jury trial and found guilty of assaulting a police officer. The court sentenced him to four years in prison and a $1,000 fine. He challenged two things in his appeal. First, he questioned whether he properly waived his right to a jury trial. The court found that the record showed he had indeed made a valid waiver. The second challenge was about whether the evidence was enough to prove he had prior felony convictions. The State admitted they failed to show this evidence during the trial. Because the prior convictions must be proven beyond a reasonable doubt, the court agreed that the evidence was insufficient. Since the State could not present proof of Szczepan's prior convictions, the court noted that he could not be given the enhanced sentence that came with those convictions. Thus, the court modified his sentence to one year in prison and reduced the fine to $500. Overall, while the court upheld the conviction, Szczepan's punishment was made less severe due to the lack of evidence for the prior convictions.

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F 2004-1182

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In OCCA case No. F 2004-1182, Bryan Matthew Carroll appealed his conviction for multiple offenses. In an unpublished decision, the court decided to reverse some of his convictions and modify others. One judge dissented. Carroll was found guilty by a jury of several charges. These charges included Assault and/or Battery with a Dangerous Weapon, Attempting to Elude a Police Officer, and Unlawful Possession of Drug Paraphernalia, among others. The jury sentenced him to various fines and jail time for these offenses. Carroll argued that he was unfairly punished for some offenses and that there was not enough evidence to support the charges against him, especially for the more serious ones like Assault and Unlawful Possession of Drug Paraphernalia. He claimed his rights were violated and that he did not receive fair representation from his lawyer. In looking at Carroll's appeal, the court decided to dismiss some of the judgments against him, specifically the Assault and Unlawful Possession of Drug Paraphernalia charges. The court found that the evidence did not convincingly support the Assault charge and there was not enough proof that Carroll was intending to use the paraphernalia for drugs. For the Attempting to Elude charge, the court noted that Carroll was also convicted for not stopping at a stop sign while trying to escape from the police, which should not happen according to legal rules. The court ruled that one of the offenses was covered by the other, and that means Carroll was unfairly charged twice for one action. As for other charges, the court changed the punishment for speeding because the jury was not correctly informed about the possible penalties. They modified Carroll's sentence for that charge but kept the other sentences intact, concluding that they were fair based on what happened. In summary, Carroll's case showed that even when someone is charged with multiple offenses, it's important for the legal system to follow rules to ensure fairness. The court made changes that reflected these principles, showing that justice is essential in every case.

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F-2004-729

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In OCCA case No. F-2004-729, Candy Mae Easton appealed her conviction for Manufacturing Methamphetamine and Unlawful Possession of a Controlled Drug. In a published decision, the court decided to reverse her conviction for manufacturing methamphetamine but affirmed her conviction for unlawful possession of a controlled drug. One judge dissented concerning the reversal of the manufacturing charge. Candy Mae Easton was on trial after neighbors reported a strong smell related to methamphetamine coming from the home of her co-defendant. Officers investigating found evidence that suggested meth was being made in the house, including white powder and other materials commonly used to manufacture meth. Easton admitted to using meth, but she said she did not help make it. The court examined whether there was enough proof to show that Easton helped her co-defendant in making the drug. The majority opinion stated that just knowing about the manufacturing and using the drug doesn’t mean she encouraged or assisted in making it. The appellate court mentioned that encouragement must be shown by some action or words, which were not present in Easton’s case. As a result, Easton’s conviction for manufacturing meth was reversed, meaning she was found not guilty of that charge. However, the conviction for unlawful possession was upheld because her sentence and fine were within the legal limits and were not seen as too harsh. The dissenting opinion believed there was enough evidence to support that Easton aided in the manufacturing, and thus would have kept her conviction for that charge. The judges' roles were discussed in terms of assessing evidence and the credibility of decisions made by the trial judge, emphasizing that it isn’t their place to change those factual decisions based on their opinions. Ultimately, the case was sent back to be corrected only in terms of the record regarding the possession conviction, while the manufacturing conviction was dismissed.

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F-2004-1216

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In OCCA case No. F-2004-1216, the appellant appealed his conviction for Domestic Abuse-Assault and Battery. In an unpublished decision, the court decided to affirm the conviction but modify the fine. One judge dissented. Michael Hodges was found guilty by a jury in a district court. After the trial, he was sentenced to ten years in prison and asked to pay a $10,000 fine. He believed there were mistakes made during his trial and in how he was sentenced. Hodges raised several issues in his appeal. First, he argued that the punishment given was not right and that the fine should have been lower. Second, he said that his lawyer did not help him enough during the trial, which was unfair. Third, he thought that his sentence was too severe. Finally, he claimed that the court documents did not clearly show the law he had broken. After looking at all the information, the court found that Hodges's sentence was correct but changed his fine from $10,000 to $5,000. They also agreed that the official documents should be updated to correctly show the law he was convicted of breaking. The appeal did not show that he was treated unfairly during his trial, so the main conviction was kept. Overall, the court's main message was that while Hodges's sentence was mostly upheld, they also wanted to make sure he was charged the right amount for his fine and that the records reflected the correct details of his case.

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F-2003-991

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In OCCA case No. F-2003-991, James Preston Ray, Sr., appealed his conviction for manufacturing methamphetamine. In a published decision, the court decided that while Ray's conviction and life imprisonment sentence were affirmed, the $50,000 fine imposed was vacated. One judge dissented regarding the vacation of the fine. The case was about Ray being found guilty of making methamphetamine after a trial where the jury heard evidence about his prior felony convictions. Ray argued that he did not get a fair trial due to several problems with how the trial was handled. He listed eight points of error. One major point was that he believed the jury was incorrectly told about the punishments they could give him. He also argued that the court should not have let evidence of his previous convictions be shown to the jury and that this influenced their decision unfairly. Ray claimed that the evidence of his guilt was not strong enough, and he thought the fine he was given was too high. He also said that all the mistakes made together took away his chance for a fair trial. The court reviewed these claims. They specifically looked at his concerns about the instructions the jury received regarding punishment. They noted that Ray was charged under a law that set his punishment between seven years and life in prison. Because Ray had prior convictions, he could be sentenced to a longer term. The law had been changed in 2002, meaning that the state could ask for both a longer imprisonment and additional fines for drug offenses. However, the state did not ask for the jury to be instructed about the fine, which led to the decision to vacate it. Ray also questioned whether the state could present the second page of the Information that listed his prior offenses, but the court ruled that he had agreed to those charges beforehand and did not raise any objections at the right times during the process. In the end, the court found that the evidence against Ray was sufficient for the conviction, and even though there were some mistakes, they did not change the trial's outcome. Therefore, his conviction and life sentence were upheld, but the fine was removed because it was not properly included in his penalty based on the law at the time. One judge, however, believed that the fine should not have been removed, stating that the changes made by the legislature allowed for both a longer sentence and a fine.

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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 2003-1018

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In OCCA case No. F 2003-1018, Orcutt appealed his conviction for Driving While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Orcutt was found guilty in a jury trial of several charges linked to driving while drunk. This happened in Creek County after a trial that lasted a few days in August 2001. The jury decided that he should spend ten years in prison and pay a big fine for his most serious crime, as well as some smaller fines for the other charges. Orcutt claimed that there were mistakes made during his trial. He said that the jury was not given the right instructions about how they should decide on the punishment. He also argued that the prosecution acted unfairly and that the jury should have been kept together without being allowed to leave during the trial. After looking at all the evidence from the trial and listening to the arguments made by both sides, the court said that Orcutt's convictions would stand. However, they agreed that the sentence needed to be changed. The jury had been instructed incorrectly about the possible punishments for Orcutt's offenses. The law said that they could not set his punishment to include both treatment and prison time at the same time. While his prison time of ten years and the fine were kept in place, the part of the punishment that required treatment and use of an ignition device was removed. The court found that some of Orcutt's other arguments about unfairness during the trial did not hold up, and no changes were made based on those claims. In conclusion, the court affirmed the main conviction but modified part of the punishment, removing some of the conditions, while agreeing on the primary penalties.

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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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C-2003-403

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In OCCA case No. C-2003-403, David Lee Maywald appealed his conviction for Failure to Register as a Sex Offender and Registered Sex Offender Working with or Providing Services to Children. In a published decision, the court decided to modify the sentence in Count II to a fine only, while affirming the denial of the motion to withdraw his guilty plea. One judge dissented. David Lee Maywald, also known as David Lee Graham, was charged with two crimes related to being a registered sex offender. He entered a guilty plea to both charges and was sentenced to prison time and fines. After he changed his mind, he asked to withdraw his guilty plea, feeling he was misinformed about the potential sentences he might face. The court looked closely at Maywald's reasons for wanting to change his plea. First, he argued that he misunderstood the sentencing range for Count II, believing he faced more than just a fine. The court agreed that he shouldn't have received jail time for that count, as the law only allowed for a fine. So, they decided to change his sentence for Count II to just the fine amount. In his second argument, he felt he was misinformed about the maximum fine for Count I. However, the court found that the fine he received was less than what could have been, and since it matched what was agreed upon in the plea deal, it wasn’t a reason to withdraw his plea. For his third point, Maywald argued that he didn’t fully understand the implications of his guilty plea. The court said he didn’t provide enough evidence to show that he entered the plea without understanding its consequences. The court noted that he had been clearly informed multiple times about how he wouldn’t get credit for time served leading up to his sentencing. Overall, while Maywald's request to withdraw his plea was denied, the court acknowledged the error regarding the jail sentence for Count II and modified that sentence to comply with the law. The rest of the decisions from the lower court were kept the same. The judges agreed on most points, but one had a differing opinion on the case.

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RE-2002-580

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In OCCA case No. RE-2002-580, Garcia appealed his conviction for obtaining money by means of a false check. In a published decision, the court decided to reverse the acceleration of Garcia’s deferred sentencing and sent the matter back for further proceedings. One judge dissented. Here is what happened in simpler terms: Garcia was found guilty of a crime and got a chance to avoid a harsh punishment by being put on probation for five years. But a short time after starting probation, the state said he broke the rules, so they wanted to give him a tougher punishment. The judge first made sure Garcia was mentally okay to understand what was happening and to help in his defense. After deciding he was competent, the judge allowed the hearing to continue without first ensuring that Garcia had a lawyer present. During a later hearing, it was found that Garcia indeed had violated probation, and he was sentenced to a year in jail and a fine. Garcia argued that the judge should not have moved ahead with the case without following the proper steps, especially regarding his right to have a lawyer. The court agreed with Garcia’s point. They decided that the earlier decision to make his sentence tougher was not done correctly. So, the court reversed the punishment and sent the case back to make sure Garcia had a lawyer and that all the necessary rules were followed in the next steps.

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F-2002-653

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In OCCA case No. F-2002-653, Carole Jean Arnold appealed her conviction for Driving While Under the Influence and Driving While License is Suspended. In an unpublished decision, the court decided to affirm the judgment and modify the sentence. One judge dissented. Carole Jean Arnold was found guilty by a jury in the District Court of Payne County. The jury decided she should spend five years in prison and pay a $500 fine for driving while under the influence. For driving with a suspended license, the jury decided on one year in prison and another $500 fine. The trial judge ruled that the fines would be suspended, but Carole didn't agree with the conviction. In their review, the court looked at several issues that Carole raised. First, she argued that there was not enough evidence to prove she was intoxicated when she was driving. However, the court found that the evidence was strong enough. There were officers who testified that they smelled alcohol on her breath, noticed her speech was slurred, her eyes were bloodshot, and that she was having trouble standing up. Carole admitted to drinking alcohol before driving, which supported the jury's conclusion. Second, Carole claimed the trial court made a mistake by not correctly telling the jury about possible punishments. The court agreed that this was a mistake because the jury should have been aware of more options regarding punishment. Since the defense attorney did not object during the trial, it was still considered a major error that needed to be corrected. Because of this mistake, the court changed Carole's prison sentence to two years instead of the longer one originally given. The third issue Carole had was about a test called the Horizontal Gaze Nystagmus test, which was used to check her level of intoxication. The court agreed that there were rules about when scientific evidence can be used at trials, and those rules were not followed when this test's results were allowed. However, the court also decided that this error was not serious enough to have changed the jury's decision, so it didn’t matter much in the end. Lastly, Carole felt her overall punishment was too harsh. Because the court already changed the length of her sentence due to the earlier mistake, they found that they did not need to make any other changes. In the end, the court upheld Carole's conviction but changed her sentence to two years in prison. One judge disagreed with modifying her sentence, believing the jury's maximum sentence was appropriate and that the results of the test were acceptable in court.

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F-2002-708

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In OCCA case No. F-2002-708, Gary Don Caudill appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to modify his sentence. The original jury had recommended an 18-year sentence, but the district court imposed a 35-year sentence and a $2000 fine instead. Caudill argued that this was not fair because the court should not have given him a longer sentence than what the jury recommended. The court agreed with this claim, stating that the state had made a mistake because of a prior legal opinion that was later changed. As a result, Caudill's sentence was modified back to 18 years in prison with the same fine. The decision of the district court was affirmed, but his sentence was changed. One judge dissented.

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F-2001-991

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In OCCA case No. F-2001-991, Clayton Armstead appealed his conviction for Possession of a Controlled Drug (Cocaine Base) with Intent to Distribute, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm his conviction, but modify his sentence. One judge dissented on the modification of the sentence. Armstead faced serious charges after a jury found him guilty, and the trial court sentenced him to 30 years in prison and a hefty fine. He raised several issues in his appeal, arguing that the jury was given wrong information about his sentence, that he should have been allowed to argue for a lesser charge, that he faced double punishment for the same act, and that his lawyer didn’t provide adequate defense. He also claimed his punishment was too harsh. The court carefully reviewed everything from the trial and found that there was indeed a mistake in how the jury was instructed about the possible punishments for his crime. The law stated he could have faced a different range of punishment, and since this legal error was recognized, the court decided to change his sentence to 10 years in prison and a lower fine. While one part of the court agreed with this decision, another judge noted that the jury should have considered a different minimum sentence, and believed that a 24-year sentence would have been more appropriate instead of changing it to 10 years. In conclusion, Armstead kept his conviction, but his sentence was changed to be less severe than what the jury initially decided.

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F 2001-873

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In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

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F-2001-283

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In OCCA case No. F-2001-283, Timothy Dewayne Kliven appealed his conviction for Conspiracy to Manufacture a Controlled Dangerous Substance. In a published decision, the court decided to reverse Kliven's conviction with instructions to dismiss. Kliven's co-appellant, Tony Wayne Jones, also had his conviction reversed. One justice dissented. The case involved both men being found guilty of planning to make methamphetamine, but the evidence against them was not strong enough to show that they had agreed to do this crime. The evidence was mainly based on circumstantial facts, which means it didn't directly show their involvement in a conspiracy. Since there wasn't enough proof, the court ruled that their convictions should not stand.

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F 2000-862

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In OCCA case No. F 2000-862, Taress Lamont Owens appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction but vacate the $11,000 fine. One judge dissented. Taress Lamont Owens was found guilty by a jury in a case related to illegal drug possession. He was sentenced to 60 years in prison and a fine of $11,000. Taress believed there were several reasons why his conviction should be overturned or the fine changed, so he appealed the decision. First, he argued that the evidence against him should not have been allowed in court because it was obtained in violation of his rights. However, the judges felt that the search was legal because it was done with consent. They confirmed that the evidence was strong enough to convict him based on the facts of the case. Taress also thought that the evidence presented against him was not enough for a conviction. But the judges disagreed, saying there was sufficient proof that he intended to sell the drugs. He mentioned that some evidence was not relevant to the case, but the judges found the officer’s testimony useful to show the intention behind his actions. Taress raised issues about his rights being violated and that he did not receive proper help from his lawyer during the trial. The judges looked at these claims and stated that there was no proof that he had been poorly represented in court. Finally, while the judges agreed on most points, they all felt that the fine imposed by the jury was too high according to the law. They decided to cancel the fine because the jury's instructions were incorrect regarding whether the fine should be mandatory. In conclusion, the court upheld Taress Lamont Owens' conviction but nullified the excessive fine, allowing him some relief from the financial penalty imposed during the trial.

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F-2000-1308

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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.

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F-2000-1163

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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.

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F-2000-796

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In OCCA case No. F-2000-796, Ronald Phipps appealed his conviction for attempting to manufacture methamphetamine, possession of methamphetamine (as a subsequent offense), possession of marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to vacate the $1,000 fine for the possession of marijuana but affirmed all other convictions and sentences. One judge dissented on the issue of the fine.

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F-2000-367

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In OCCA case No. F-2000-367, Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance - Methamphetamine. In an unpublished decision, the court decided to reverse the conviction with instructions to dismiss the case. One member of the court dissented. Crase was found guilty by a jury and sentenced to twenty years in prison and fined $50,000. He argued several points about why he should not be convicted. He claimed there was not enough evidence to prove he helped make methamphetamine. He also said there wasn't enough support for the testimony from an accomplice, that evidence of other crimes was unfair during his trial, and that the prosecutors behaved badly, making it hard for him to get a fair trial. After looking closely at all the evidence and records from the trial, the court agreed with Crase. They found that just being present and knowing that someone was making methamphetamine did not mean he was guilty of making it or helping to make it. The court concluded that there was not enough proof to convict him, so they reversed the lower court's decision and ordered the case to be dismissed.

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F 2000-599

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In OCCA case No. F 2000-599, Charles Earl Smith, Jr. appealed his conviction for Omitting to Provide for Minor Child. In an unpublished decision, the court decided to affirm the conviction and modify the restitution amount. One judge dissented. Charles Earl Smith, Jr. was found guilty in a court for not taking care of his child. After the trial, he was sentenced to three years in prison and ordered to pay a fine and restitution. The restitution amount was initially set at $10,247.00, but Smith argued this was unfair. The court looked at the case closely and found that the restitution amount should actually be changed to $10,035.25 after considering some payments that Smith had already made. They agreed that the judge had the right to ask for restitution, but the amount needed to be fixed. In the end, the court agreed with Smith about changing the restitution amount but kept the rest of the conviction the same.

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M-2000-230

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In OCCA case No. M-2000-230, Frank Ford appealed his conviction for Domestic Abuse. In a published decision, the court decided to reverse the sentence and order that it be aligned with the jury's verdict. One judge dissented.

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