Firearm

F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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F-2006-780

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In OCCA case No. F-2006-780, Roy Carl Bales, Jr. appealed his conviction for robbery with a firearm and unauthorized use of a motor vehicle. In a published decision, the court decided to affirm Bales's conviction for robbery but modified his sentence for unauthorized use of a motor vehicle to three years in prison. One judge dissented. Bales was found guilty by a jury of committing robbery with a firearm and unauthorized use of a motor vehicle. The jury decided that he should serve twenty years for robbery and six years for unauthorized vehicle use, with both sentences running one after the other. Bales raised two main points in his appeal. The first point was about how the trial court instructed the jury on the minimum sentence for unauthorized use of a vehicle. Bales argued that the court made a mistake by not giving the jury the correct information on the punishment range. The second point was that the trial court should have made Bales's sentences run at the same time instead of back-to-back, which he thought was too harsh. After looking carefully at the details of the case, the court found a mistake in how the jury was instructed about the sentence. They decided that the minimum sentence for unauthorized use should be three years instead of six years. However, the court thought that the long sentence for robbery was appropriate given Bales's past criminal record, so they kept that sentence as it was. Ultimately, the court affirmed the robbery conviction and changed the unauthorized vehicle use sentence to three years in prison, making one judge disagree with the decision.

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M-2006-555

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In OCCA case No. M-2006-555, the appellant appealed his conviction for recklessly conducting himself with a firearm. In an unpublished decision, the court decided to reverse the judgment and sentence and ordered a new trial. One judge dissented. The case began when the appellant was charged with a crime called Feloniously Pointing a Firearm. However, after a jury trial, he was found guilty of a lesser crime, which was Reckless Conduct With a Firearm. The punishment for this was six months in jail and a fine of $500. The appellant raised several arguments for why he believed the jury should have decided differently. First, he claimed that he was not properly told about his right to defend himself when he was faced with danger. Second, he argued that he could not access evidence that would show that a witness was not telling the truth. Third, he felt that the jury's decision was based on guesses rather than solid proof. Lastly, he believed he did not have good help from his lawyer during the trial. The court found that the instructions given to the jury were not clear about the appellant's right to self-defense. The jury had even sent a note to the trial court saying they did not feel they understood this important piece of information. The law says that a person must have the chance to explain their side of the story, especially when it comes to self-defense, and in this case, the jury did not get the right instructions about that. Since this was a big mistake that could have affected the jury’s decision, the court decided to reverse the original judgment. It means the appellant will have another chance to prove himself in a new trial. The court did not explore all the details of the self-defense claim but decided that the jury needed the proper guidance on this important matter. The case is now remanded back to the District Court for a new trial where the jury can hear the complete story, including the self-defense argument. This verdict was supported by the judges, but one judge had a different opinion about the case.

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F-2005-1057

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In OCCA case No. F-2005-1057, Saul Mintz appealed his conviction for two counts of Robbery with a Firearm. In a published decision, the court decided that while his conviction was affirmed, his sentence for the second count should be modified to ten years' imprisonment. One judge dissented.

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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-2004-1081

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In OCCA case No. F-2004-1081, Charles Edward Moore, Jr. appealed his conviction for robbery with firearms, kidnapping, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm most of his convictions and modify some sentences. One of the judges dissented. Charles Edward Moore faced serious charges and was found guilty by a jury. He received a total of fourteen years for each robbery, ten years for each kidnapping, and ten years for possession of a firearm related to a past felony. The judge ordered that Moore serve these sentences one after the other. On appeal, Moore argued several points. First, he believed he was unfairly punished for two separate robbery counts concerning the same incident. However, the court decided that this did not violate any laws about double punishments. Next, Moore claimed a conflict between his robbery conviction and the charge for possession after a felony. The court agreed with Moore regarding this point and reversed his conviction for that charge. Additionally, Moore argued that the trial court made an error by not allowing a jury instruction about his eligibility for parole. The court found this to be a mistake but decided to change the sentences for the robbery convictions from fourteen years to ten years each. The court maintained the trial judge's decision to have the sentences served consecutively. Moore also argued that he did not receive effective help from his lawyer, but the court believed that his case would not have ended differently even with better representation. He further disagreed with the court's admission of evidence about his past wrongdoings, but the court denied that claim too. Lastly, Moore asserted that the combined errors during his trial should lead to a reversal. The court disagreed and upheld the decisions made during the trial. In summary, while the court agreed to modify some of Moore's sentences, it affirmed most of the convictions and found no significant errors that would affect the overall outcome of the trial.

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C 2004-69

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In OCCA case No. C 2004-69, McCarroll appealed his conviction for unlawful distribution of a controlled dangerous substance (CDS) and possession of CDS in the presence of a child. In an unpublished decision, the court decided to grant McCarroll's petition for a writ of certiorari. One judge dissented. The case involved Corey Dion McCarroll, who pleaded guilty to multiple charges, which included selling drugs near a daycare center and having drugs while a child was present. McCarroll was sentenced to a total of 60 years in prison, with some hefty fines. After feeling that he didn't get a fair trial and claiming he was innocent, McCarroll asked the judge to let him change his plea. McCarroll raised several reasons for his appeal. He argued that the charges for selling drugs near a daycare didn't apply because the law was not in effect at the time of his actions. He believed that his guilty pleas were not entered knowingly, and he felt the judge was unfair in giving him consecutive sentences, which made them seem too harsh. McCarroll also claimed that his lawyer didn't represent him properly. The court reviewed all the details of the case and decided favorably for McCarroll. They found that the law didn't fully apply to his situation when he was charged with the first two counts. Therefore, the court changed these charges to a different type of drug offense that was valid at that time. They also modified the sentences, stating that some of them should run at the same time (concurrently) rather than one after the other (consecutively). Overall, while the court granted McCarroll some relief in his appeal by changing the charges and modifying the sentences, they did not agree that his lawyer's help was inadequate enough for his plea to be withdrawn. Thus, the decisions were adjusted to ensure fairness while still holding McCarroll accountable.

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F 2003-442

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In OCCA case No. F 2003-442, the appellant appealed his conviction for multiple crimes including Conspiracy to Commit Robbery, First Degree Murder, Robbery with a Dangerous Weapon, and Possession of a Firearm by a Convicted Felon. In an unpublished decision, the court decided to reverse and remand two counts of Possession of a Firearm by a Convicted Felon, but affirmed the convictions on all remaining counts. One judge dissented, feeling that one conspiracy count and the robbery count should be upheld, while reversing the other counts.

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F 2002-809

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In OCCA case No. F 2002-809, the appellant appealed his conviction for trafficking in illegal drugs and possession of a firearm while committing a felony. In a published decision, the court decided to reverse the conviction. One judge dissented. Russell Andrew Doza was found guilty of trafficking in methamphetamine and possessing a firearm during a felony. The trial took place in Logan County, where the judge sentenced him to ten years in prison for the drug charge and two years for the firearm charge. The sentences were set to be served at the same time. The main point of the appeal was whether the police officers had the right to search his car. The appellant argued that the officers were outside their legal area when they conducted the search. The court agreed with him, referencing a previous case that stated police cannot perform searches outside their jurisdiction. Because the evidence used against him was obtained unlawfully, the court found there was not enough evidence to support his convictions. Therefore, they reversed the lower court's decision and instructed that the case be dismissed.

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F 2001-1497

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In OCCA case No. F 2001-1497, Michael Keith Brock appealed his conviction for multiple drug-related offenses. In a published decision, the court decided to reverse his conviction for one count but affirmed the convictions for the other counts. One judge dissented. Michael Brock was found guilty after a jury trial on several counts including manufacturing methamphetamine and trafficking illegal drugs. The court sentenced him to a total of 40 years in prison and fines totaling $185,000. He appealed the decision, raising multiple issues regarding the legality of his search and seizure, his treatment in court, and the sufficiency of the evidence against him. The court reviewed several arguments from Brock. He claimed that the search was unreasonable and violated his rights, and he argued that he should not have been brought before the jury in jail clothes. He also contended that the affidavit for the search warrant did not give enough reason for the police to search him and that the search of a person not named in the warrant was illegal. The court found that Brock did not properly object to many of the issues he raised during the trial. It ruled that the search and seizure were valid and did not violate his rights. They determined that wearing jail clothing did not prejudice him during his trial. While the court agreed that one of the charges—possession of a precursor substance—was incorrectly charged and reversed that conviction, they upheld the remaining convictions. Ultimately, the decision led to the reversal of one count against Michael Brock while affirming the rest of his convictions.

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F-2001-503

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In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

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F-2001-10

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In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

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F-2000-386

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In OCCA case No. F-2000-386, Rodney Eugene Cheadle appealed his conviction for First Degree Murder and several other charges. In an unpublished decision, the court decided to modify his conviction from First Degree Murder to Solicitation for Murder in the First Degree and changed his sentence from life without parole to life imprisonment. One judge dissented. Rodney Eugene Cheadle was charged with many serious crimes, including selling drugs and murder. The case started when a woman named Donna Phillips was working with the police while she was arrested. She bought drugs from Cheadle, and police later got a search warrant for his house. When they searched it, they found drugs and guns. Cheadle was in jail when he told other inmates that he wanted to prevent Phillips from testifying against him. He even tried to get someone to kill her. Eventually, another inmate, Vance Foust, did kill Phillips. After the murder, a jail inmate told the police about Cheadle's plans. During the trial, the jury found Cheadle guilty on multiple counts, and he received heavy sentences. However, Cheadle appealed, claiming there wasn't enough evidence for some of the charges against him, especially for First Degree Murder. The court agreed with him, stating that while he did solicit someone to kill Phillips, the evidence did not show that it was in furtherance of his drug activities as required by law. Ultimately, the court agreed to change his First Degree Murder conviction to a lesser charge of Solicitation for Murder and reduced his sentence. It also reversed some of his other convictions due to double jeopardy issues. Therefore, while he was found guilty of many crimes, the court decided to modify his most serious conviction and sentence.

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