Fines Archives - OCCA Opinions

RE-2019-522

Post author:Staff
Post published:August 13, 2020
Post category:RE

In OCCA case No. RE-2019-522, Leslie Ford appealed his conviction for revocation of his suspended sentences. In an unpublished decision, the court decided to affirm the revocation of the suspended sentences in both cases but also instructed the lower court to correct a written order error regarding the duration of the revocation. One member of the court dissented. Leslie Ford had previously been sentenced in two cases for stalking, with each sentence being five years long but suspended, meaning he would not have to go to prison if he followed certain rules. However, he was accused of breaking these rules. The state said he didn’t pay the required fees, didn’t go to treatment for domestic abusers, drank alcohol, and even got in trouble for more offenses. At a hearing, the judge found that Leslie did indeed break the rules, leading to the full revocation of his sentences. Leslie then appealed the decision, bringing up several reasons why he thought the revocation was unfair. He argued about his mental fitness during the process and claimed there were time limit violations concerning the hearings. The court explained that they could only focus on whether the revocation was valid and that the evidence showed he broke the rules. They also found that a confusion on how long he was sentenced was a mistake, which they ordered to be fixed. Overall, Leslie did not manage to successfully argue for the reversal of his revocation, except for the correction regarding the error in the time of imprisonment mentioned in the written order.

F-2016-30

Post author:Staff
Post published:January 19, 2017
Post category:F

In OCCA case No. F-2016-30, Ladarius Burnell Kelly appealed his conviction for robbery with a firearm and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but modified the fines associated with the charges. One judge dissented regarding the change in fines. Ladarius Burnell Kelly was charged and found guilty by a jury for committing robbery with a firearm and assault with a dangerous weapon. He received a punishment of 18 years in prison along with a $2,500 fine for the robbery and 2 years in prison with a $2,500 fine for the assault. The sentences were to be served one after the other. Kelly appealed, raising several issues. First, he argued that the witnesses who identified him were not reliable, which he believed violated his rights. However, the court found that the methods used for identification were not overly suggestive and did not mislead the jury. Therefore, his claim was denied. Next, Kelly challenged the evidence presented against him for the assault charge. The court looked at the evidence favorably for the prosecution and determined there was enough proof to support the conviction. The testimony showed that Kelly had threatened to shoot a victim, which the jury could reasonably interpret as an intent to harm, so this argument was also denied. He also argued that he had not received a fair trial due to prosecutorial misconduct. However, the court found that any alleged missteps by the prosecutor didn't significantly impact the fairness of the trial. Because of this, this claim was denied as well. Importantly, Kelly had a point regarding the fines. The court found that the jury was wrongly instructed about the mandatory fines for the charges. They decided to correct this by changing the fine for the assault count to $0 and reducing the fine for the robbery charge to $2,000. Kelly also believed that his lawyer did not do their job effectively, but the court ruled that his claims did not show that the outcome of the trial would have changed if his lawyer had acted differently. In summary, the court upheld Kelly's convictions and changed the financial penalties, showing that while he did not win the major points of his appeal, he was granted some relief on the fines imposed.

RE 2014-0536

Post author:Staff
Post published:August 4, 2015
Post category:RE

In OCCA case No. RE 2014-0536, Matthew Carl Eddings appealed his conviction for Possession of a Controlled Substance and Driving Under the Influence of Drugs. In a published decision, the court decided to affirm the revocation of Eddings' suspended sentence. One judge dissented. Eddings was originally given a deferred sentence with rules for probation and fines for his crimes. However, over the years, he struggled to meet the conditions of his probation, which included paying fines and child support. The state moved to revoke his sentence because of these issues. When the court reviewed Eddings' case, they found enough evidence to support the revocation. Eddings had not made required payments for over a year and had not shown a good faith effort to comply with the rules. The court also noted that since there were new facts presented during the latest revocation hearing, the principle of res judicata, which prevents re-judging the same issue, did not apply. However, there was an issue identified with an added requirement for supervision after imprisonment. The court agreed that the requirement for one year of supervision after his sentence was not appropriate, as new laws did not apply to his case. In conclusion, while Eddings’ suspended sentence was revoked, the court ordered that the requirement for post-imprisonment supervision be removed.

F-2007-575

Post author:Staff
Post published:September 25, 2008
Post category:F

In OCCA case No. F-2007-575, Jeffrey Marler appealed his conviction for three counts of Sexual Abuse of a Minor and one count of Possession of Child Pornography. In an unpublished decision, the court decided to modify the sentence for the possession count, vacate the fines imposed on all counts, and otherwise affirm the convictions. One judge dissented regarding the sentencing structure for the sexual abuse counts.

F-2004-939

Post author:Staff
Post published:September 27, 2005
Post category:F

In OCCA case No. F-2004-939, the appellant appealed his conviction for manufacturing methamphetamine and possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to modify the sentences for both convictions to seven years each, affirming the judgment in other respects. One judge dissented.

C 2002-1460

Post author:Staff
Post published:July 2, 2003
Post category:C

In OCCA case No. C 2002-1460, Skinner appealed his conviction for multiple drug-related charges. In an unpublished decision, the court decided to partially grant his appeal. The court found that the pleas of guilty to some charges were not entered knowingly and voluntarily. Skinner was not properly advised about the punishment he could face, and the fines he received were too high according to the law. Therefore, the court allowed him to withdraw his guilty pleas for certain counts and changed the fine on one of the counts to a correct amount. The court upheld the punishment for one count but denied the appeal for another. A judge dissented on some aspects of the case.

RE-1999-1556

Post author:Staff
Post published:February 1, 2001
Post category:RE

In OCCA case No. RE-1999-1556, an individual appealed his conviction for Injury to a Minor Child. In a published decision, the court decided to affirm the revocation of the suspended sentence but modified it to time served, including the satisfaction of all fines, fees, and costs. No judges dissented.