Habitual Offender Act Archives

F-2018-1190

Post author:Staff
Post published:January 23, 2020
Post category:F

This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Walter Lee Roundtree, who was convicted of violations related to the Sex Offender Registration Act. The court found against him on several propositions of error, including claims of insufficient evidence, double jeopardy, improper sentencing enhancements, and ineffective assistance of counsel. **Key Points from the Opinion:** - Roundtree was convicted of two counts: Violation of the Sex Offender Registration Act and Failure to Comply with the Act, with the jury recommending sentences of four and five years, respectively, to be served consecutively. - The court addressed several legal propositions raised by Roundtree, concluding that the evidence supported the convictions, and there was no violation of double jeopardy laws. - Roundtree's assertion of ineffective assistance of counsel was also denied, as the court found that he did not demonstrate sufficient prejudice from his attorney's performance. - The court ultimately affirmed the judgment and sentences while denying a request to supplement the appeal record due to a lack of evidentiary support. **Judicial Opinions:** - Judge Lumpkin authored the opinion affirming the judgments. - Judge Lewis concurred in part but dissented on the affirmation of Count 1, arguing that Roundtree's single act of moving should not subject him to multiple punishments under the law. The court's ruling underscores the importance of establishing clear legal standards for crimes and how multiple offenses are treated under similar circumstances.

F-2012-914

Post author:Staff
Post published:November 12, 2013
Post category:F

In OCCA case No. F-2012-914, Bradley Joe Raymond appealed his conviction for Assault and Battery with a Dangerous Weapon, Domestic Abuse in the Presence of a Minor, and Domestic Abuse by Strangulation. In a published decision, the court decided to affirm the convictions but modified the sentence for one count. One judge dissented. Raymond was found guilty of three serious crimes connected with domestic violence. After the trial in McCurtain County, the jury decided that he should spend life in prison for each count. However, the judge decided that Raymond's sentences for two of the counts would be served at the same time, while the sentence for the third count would be served after the first two. Raymond's appeal included questions about whether the jury received the correct instructions regarding his possible punishments given his past crimes and whether certain evidence presented during the trial might have harmed him. The court found that the jury instructions relating to his first and third counts were correct but that there was a mistake concerning the instructions for the second count of Domestic Abuse in the Presence of a Minor. For the second count, the law at the time stated that certain punishments were not allowed if the crime was a second or later offense. Since the sentencing guidelines given to the jury were incorrect, Raymond’s sentence for that count was changed from life in prison to five years in prison, while the sentences for the other counts remained the same. The appeals court also addressed a concern that some evidence presented during the trial might have caused unfair prejudice to Raymond. After reviewing the evidence, the court determined that it did not find any significant error as it did not affect the overall outcome of the case. The court ultimately confirmed the convictions for the first and third counts and changed the sentence for the second count, ensuring that Raymond would serve five years instead of life for that specific offense.

F-2002-1509

Post author:Staff
Post published:March 18, 2003
Post category:F

In OCCA case No. F-2002-1509, Dontrell Maurice Baird appealed his conviction for trafficking in illegal drugs, possession of controlled dangerous substances, and possession of CDS without a tax stamp, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but required resentencing on the trafficking and possession charges, while upholding the sentence for the possession of drug paraphernalia. One judge dissented. Baird was convicted in the District Court of Payne County on multiple drug-related charges. The jury sentenced him to a total of 82 years in prison across four counts, with some sentences running concurrently and others consecutively. However, Baird appealed on several grounds, claiming that his right to due process was violated due to incorrect jury instructions on punishment, that evidence for some charges wasn't sufficient, and that his sentences were excessive. The court found that errors in the jury instructions affected the punishment range for three of the counts. Both Baird and the State agreed that the jury was not properly informed about the range of penalties for trafficking in cocaine base, possession of marijuana, and possession of CDS without a tax stamp. Baird's prior convictions complicated the appropriate classification of his current offenses, leading to confusion that the jury was not guided through properly. The court established that it would have been correct for the jury to be told about the proper punishment ranges, based on Baird's prior crimes. Given these mistakes in the instructions, the court decided to send the case back for resentencing on those counts without requiring a new trial. Despite Baird's claims that he was deprived of effective legal counsel, the court ruled that the issues raised concerning the jury instructions were enough to grant leniency in this case. The other claims, focusing on the sufficiency of evidence and whether the cumulative errors affected the trial's fairness, were found not to necessitate any further relief. Thus, the court upheld Baird's convictions but needed to correct the sentencing errors related to trafficking and possession charges, while confirming the sentence for unlawful possession of drug paraphernalia as appropriate.