Hearsay Evidence

F-2019-605

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In OCCA case No. F-2019-605, Jerome Matthew McConell appealed his conviction for Obtaining Merchandise by False Pretenses. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except for certain parts which were stricken. One member of the court dissented. McConell was found guilty after a bench trial in the District Court of McCurtain County. He was sentenced to thirty months in prison, but he argued that his trial was unfair for three main reasons. First, he claimed he was not allowed to confront some witnesses properly because hearsay evidence was permitted. Hearsay is when someone testifies about what another person said outside of court, which usually isn't allowed as direct evidence. However, the court found no real error in this situation because McConell's lawyer brought up the same issues during questioning. Therefore, the court did not see a violation of his rights. Second, McConell argued that evidence from another incident should not have been allowed by the court because the state did not give proper notice about it. However, the court decided that the evidence was relevant and no mistakes were made in permitting it. Lastly, McConell noted that the written sentence and conditions after his trial did not match what was discussed in court. The judge had ordered conditions that he should not enter a casino and also mentioned costs for prosecution that were not allowed under the law. The court agreed that these parts of the judgment were incorrect and decided to strike them from his sentence. In summary, the appeals court did affirm McConell's conviction, meaning they upheld the trial's decision, but they corrected some errors in how his sentence was recorded and ordered the lower court to make those changes.

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F-2018-114

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In OCCA case No. F-2018-114, Andrew Huff appealed his conviction for four counts of Child Neglect and one count of Child Sexual Abuse. In a published decision, the court decided to affirm his conviction and sentence. One judge dissented. Andrew Huff was convicted of neglecting his children and sexually abusing a minor. He was sentenced to a total of twenty-five years for the neglect charges and thirty years for the sexual abuse, with all sentences running concurrently. He raised several arguments against his conviction, claiming his rights were violated through various means. First, Huff stated that his video-recorded statements to an investigator should not have been allowed in court because he didn't properly waive his right to counsel. The court found no error in admitting the statement, stating that Huff’s questioning did not clearly indicate he wanted a lawyer at that moment. Next, Huff argued that hearsay evidence was incorrectly allowed, which hurt his chance of a fair trial. However, the court found that any hearsay used was not harmful to the case since other clear evidence proved the charges. Huff also claimed improper admission of other crimes evidence during his police interview, but again, the court concluded there was enough evidence for a verdict regardless of those statements. Regarding jury instructions, Huff felt the jury did not receive proper guidance on the laws for child sexual abuse, which the court acknowledged but deemed harmless since overwhelming evidence supported the verdict. Huff’s claim of insufficient evidence was denied as the court found that evidence presented allowed for rational conclusions supporting the guilty verdicts on both child neglect and sexual abuse. He also brought up issues regarding prosecutorial misconduct during the trial. The court examined these claims and determined any alleged misconduct was not severe enough to warrant a reversal of the conviction. Huff argued that his counsel was ineffective for not objecting to the introduction of certain evidence and not properly advising him during the trial. The court disagreed, stating that the counsel's performance, while being scrutinized, did not affect the overall outcome of the trial as there was sufficient evidence against him. Lastly, Huff believed that his sentence was excessive, but the court noted that the punishment was within legal limits and that the nature of the crimes warranted the sentence imposed. The overall decision confirmed that there were no reversible errors during the trial, and the affirmance upheld Andrew Huff’s conviction and sentences.

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RE-2018-1217

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DEXTER JEROME BIGLOW,** Appellant, **V.** **THE STATE OF OKLAHOMA,** Appellee. **Case No. RE-2018-1217** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA DEC 19 2019** **JOHN D. HADDEN CLERK** **SUMMARY OPINION** KUEHN, VICE-PRESIDING JUDGE: Appellant Dexter Jerome Biglow appeals from the revocation of his suspended sentences in Oklahoma County District Court Case No. CF-2017-3262. On February 14, 2018, Appellant entered negotiated guilty pleas to Aggravated Attempting to Elude and Possession of a Controlled Dangerous Substance (marijuana). He was sentenced to five years of imprisonment on the eluding count and to one year of incarceration on the drug charge, to be served concurrently, with both sentences suspended. On November 6, 2018, the State filed an application to revoke the suspended sentences, alleging that Appellant had committed the new crimes of domestic abuse by strangulation and domestic abuse resulting in great bodily injury. A hearing on the application to revoke was held on November 27, 2018, before the Honorable Ray C. Elliott, District Judge, who granted the State's application and revoked Appellant's suspended sentences in full. On appeal, Appellant contends that the State failed to present sufficient evidence to prove the allegations contained in the application to revoke. We respectfully disagree. **ANALYSIS** At a revocation hearing, the focus is whether the terms of the suspension order have been violated, with the standard of proof being a preponderance of the evidence. The trial court's decision should not be overturned unless there is a clear abuse of discretion. In this case, both Officers Taylor and Mueggenborg testified at the hearing, having individually interviewed the alleged victim of the domestic abuse. The judge found their testimony had substantial guarantees of trustworthiness, which allowed the court to consider the victim's out-of-court statements. Notably, while the testimony was contradictory, the court did not abuse its discretion by finding the State adequately proved its case for revocation. The credibility of witnesses is a matter for the trial court, which may choose to believe or disbelieve any witness. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended judgments and sentences in Case No. CF-2017-3262 is therefore AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon delivery and filing of this decision. **APPEARANCES:** Thomas P. Hurley - Assistant Public Defender Marva A. Banks - Assistant Public Defender Danielle Connolly - Assistant District Attorney Mike Hunter - Oklahoma Attorney General Tessa L. Henry - Assistant Attorney General **OPINION BY:** KUEHN, V.P.J.: LEVIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: CONCUR

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RE-2018-1071

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JOSE ANGEL LOPEZ, ) Appellant, ) V. ) No. RE-2018-1071 THE STATE OF OKLAHOMA, ) Appellee.** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA SEP 26 2019** **SUMMARY OPINION** *KUEHN, VICE PRESIDING JUDGE:* Appellant, Jose Angel Lopez, pled guilty to Count 1 - Using a Vehicle to Facilitate the Intentional Discharge of a Firearm, a felony, and Count 2 - Possession of a Controlled Dangerous Substance, a misdemeanor, in Oklahoma County District Court Case No. CF-2010-3550. He was sentenced to ten years imprisonment for Count 1 and one year imprisonment for Count 2. The sentences were ordered to run concurrently, with all but the first five years suspended. Following a one-year Judicial Review hearing, Appellant’s sentence for Count 1 was modified to three years to serve and seven years suspended. The State filed an Application to Revoke Suspended Sentence, alleging Appellant violated the terms of his suspended sentence by failing to pay supervision fees, failing to report as directed, and committing the new crime of Possession of CDS, as alleged in Lincoln County Case No. CF-2014-343. The application to revoke was later amended to further allege Appellant committed the new crimes of Assault and Battery with a Deadly Weapon and Felon in Possession of a Firearm, as alleged in Oklahoma County Case No. CF-2017-4230. Following a revocation hearing before the Hon. Glenn M. Jones, District Judge, Appellant's suspended sentence was revoked in full. Appellant appeals the revocation of his suspended sentences, raising a sole proposition of error: the trial court abused its discretion in revoking Appellant's sentence based entirely upon hearsay evidence with no particularized guarantee of reliability. We affirm the order of the District Court revoking Appellant's suspended sentence in full. The decision to revoke a suspended sentence, in whole or in part, is within the sound discretion of the trial court and such decision will not be disturbed absent an abuse thereof. Tilden v. State, 2013 OK CR 10, 10, 306 P.3d 554, 557. An 'abuse of discretion' is defined by this Court as a 'clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and against the application.' Walker v. State, 1989 OK CR 65, 5, 780 P.2d 1181, 1183. Alleged violations of conditions of a suspended sentence need be proven only by a preponderance of the evidence. Tilden, 2013 OK CR 10, 5, 306 P.3d at 556. Judge Jones determined that the State showed, by a preponderance of the evidence, that Appellant committed the new crimes alleged in Oklahoma County Case No. CF-2017-4230. This decision was reached after reviewing the preliminary hearing's transcript from Case No. CF-2017-4230, in which the victim testified Appellant entered his yard and shot him while he was sitting on his front porch. This Court has held that neither the relaxed due process standards nor the provisions of Section 991b are violated when a transcript of a previous judicial hearing is admitted into evidence at a revocation hearing so long as the defendant was allowed to confront and cross-examine the witnesses at the previous judicial hearing. Wortham v. State, 2008 OK CR 18, 15, 188 P.3d 201, 206. A review of the preliminary hearing transcript shows that Appellant’s trial counsel, who also represented him at the revocation hearing, cross-examined the State's only witness. The testimony of a witness about his personal knowledge of the events, under oath and subject to cross-examination, is not hearsay. Appellant has not shown an abuse of discretion. **DECISION** The District Court's revocation of Appellant's suspended sentence in Oklahoma County District Court Case No. CF-2010-3550 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, THE HONORABLE GLENN M. JONES, DISTRICT JUDGE** APPEARANCES AT HEARING: LYDIA FIELDS ANDREA DIGILIO MILLER COUNSEL FOR DEFENDANT TIFFANY NOBLE ASST. DISTRICT ATTORNEY, OKLAHOMA COUNTY COUNSEL FOR THE STATE MIKE HUNTER ATTORNEY GENERAL CAROLINE E.J. HUNT ASST. ATTORNEY GENERAL COUNSEL FOR APPELLEE **OPINION BY:** KUEHN, V.P.J.: LEWIS, P.J.: CONCUR LUMPKIN, J.: CONCUR HUDSON, J.: CONCUR ROWLAND, J.: RECUSE 005 [Download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1071_1734355190.pdf)

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F-2018-749

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **RALPH WILLIAM SISCO, JR.,** ) Appellant, ) vs. ) **THE STATE OF OKLAHOMA,** ) Appellee. ) **Case No. F-2018-749** ) **FILED** ) **IN COURT OF CRIMINAL APPEALS** STATE OF OKLAHOMA ) **SEP 19 2019** ) **SUMMARY OPINION** JOHN D. HADDEN CLERK ROWLAND, JUDGE: Appellant Ralph William Sisco, Jr. appeals his Judgment and Sentence from the District Court of Nowata County, Case No. CF-2017-123, for Lewd Molestation (Counts 1 and 2), in violation of 21 O.S.Supp.2015, § 1123. The Honorable Curtis L. DeLapp, District Judge, presided over Sisco's jury trial and sentenced him, in accordance with the jury's verdict, to twenty-five years imprisonment on each count, ordered to be served consecutively. The trial court also imposed three years of post-imprisonment supervision. Sisco raises several issues on appeal: 1. **Sufficiency of Evidence**: He questions whether the evidence presented was sufficient to convict him beyond a reasonable doubt for Lewd Molestation in Count 2. The court holds that the State proved each element of the crime beyond a reasonable doubt. 2. **Preliminary Hearing**: Sisco challenges his binding over at the preliminary hearing due to the introduction of hearsay evidence. The court finds he waived his right to challenge this by failing to object during the hearing. 3. **Admission of Other Crimes Evidence**: He contends that the trial court erred by allowing evidence of other crimes and bad acts. The court concludes that the evidence was part of the res gestae of the charged offenses and was properly admissible. 4. **Jury Instructions**: Sisco claims the court erred in not instructing the jury on lesser offenses, including child abuse. The court finds no error; the lack of evidence to support such an instruction means it was not warranted. 5. **Effective Assistance of Counsel**: He argues that he received ineffective assistance of counsel for various reasons, including failure to object to hearsay and other crimes evidence. The court holds that there were no deficiencies in counsel’s performance affecting the trial's outcome. 6. **Consecutive Sentences**: He contends the trial court abused its discretion in ordering his sentences to be served consecutively. The court finds no abuse of discretion in this decision. 7. **Cumulative Errors**: Sisco asserts cumulative errors warrant a new trial. The court finds no individual errors that, taken together, deprived him of a fair trial. **DECISION**: The Judgment and Sentence of the district court is **AFFIRMED**. **OPINION BY**: ROWLAND, J. **LEWIS, P.J.**: Concur **KUEHN, V.P.J.**: Specially Concur **LUMPKIN, J.**: Concur in Results **HUDSON, J.**: Concur **KUEHN, V.P.J., SPECIALLY CONCUR**: I agree that the convictions should be affirmed but note that as to Count II, the evidence does not support an instruction on a lesser offense due to the nature of the charge and the evidence presented. --- **[Full Text Document PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-749_1735218036.pdf)**

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F-2018-309

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In OCCA case No. F-2018-309, Adrian Escajeda appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Adrian Escajeda was found guilty of first-degree murder by a jury and sentenced to life in prison. He was also convicted earlier of two drug possession charges, but those were not part of his appeal. During his trial, Escajeda claimed there were several errors that negatively impacted his case. First, he argued that it was wrong to have both his murder case and a separate child neglect case tried together in front of the same jury. He believed this made it hard for the jury to be fair. However, the court found that he didn't show how this joined trial actually harmed him because the jury had acquitted him of the child neglect charge. Additionally, the evidence against him for murder was very strong and unrelated to the child neglect, making the combined trial harmless. Escajeda also said his lawyer did not do a good job by not objecting to the charges being joined for trial. However, the court decided that his lawyer's performance wasn’t ineffective because there wasn’t any real prejudice; the outcome was not affected. The next point Escajeda raised was about some statements made during the trial. He believed hearsay was wrongly admitted, which violated his right to confront witnesses. The court looked into this and concluded that the statements in question were not hearsay, as they were used to explain the detective's investigation and did not assert the truth of those statements. Finally, Escajeda claimed that the prosecutor made unfair comments during the trial that made it hard for the jury to be impartial. The court examined these comments and found they were reasonable and based on the evidence presented. Since the comments did not create an unfair trial, the court dismissed this argument as well. In conclusion, the court reviewed all of Escajeda’s claims and found none of them warranted a change to his conviction or sentence. As a result, his conviction for first-degree murder remained in place, and he will serve the majority of his sentence in prison.

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RE-2018-231

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This summary opinion addresses the appeal of Latarsha Grant concerning the revocation of her suspended sentences in two criminal cases. Below is a concise breakdown of the key points from the opinion: ### Background - Latarsha Grant was convicted in 2007 for Assault and Battery with a Dangerous Weapon (Case No. CF-2007-359) and sentenced to ten years with the sentence suspended. - In 2011, she was involved in new criminal activities leading to further actions against her suspended sentence. - By 2012, she had entered a guilty plea in a new case regarding drug distribution (Case No. CF-2011-269) with a concurrent ten-year suspended sentence after completing a rehabilitation program. - In 2017, a motion to revoke her suspended sentences was filed due to allegations of her involvement in a robbery, leading to the revocation hearing in 2018. ### Procedural History - The trial court, after hearing evidence, revoked her suspended sentences due to her involvement in the new crimes and appeared to find sufficient evidence against her. ### Appellate Claims Grant raised seven propositions of error, which the court proceeded to analyze: 1. **Competent Evidence**: The court found sufficient evidence that Grant had violated the terms of her suspended sentences. The evidence established her involvement in planning the robbery and her presence during the crime. 2. **Right to Confront Witnesses**: The court concluded that the hearsay issues raised were not applicable, as revocation procedures allow for such evidence. Furthermore, all relevant witnesses were available for cross-examination. 3. **Jurisdiction Concerns**: Grant's arguments relating to the trial court's jurisdiction or abuse of discretion regarding specific offenses were deemed misdirected, as they pertain to her original plea which she could challenge separately. 4. **Excessive Sentencing**: Grant claimed her overall sentence was excessive, but this is tied to the context of her behavior and criminal activities, which justified the trial court's decisions. 5. **Ineffective Assistance of Counsel**: Similar to the above, claims surrounding the inadequacy of her representation in court were not appropriately addressed in this revocation context and would need separate proceedings. 6. **Nunc Pro Tunc Orders**: Grant sought to correct inaccuracies related to her plea and sentencing, which would also need to be handled through a different legal mechanism than this appeal. ### Conclusion The appellate court affirmed the decision of the District Court to revoke the suspended sentences, stating that the evidence supported the trial court's findings. The court dismissed all of Grant's claims based on their analysis of procedural and evidential standards, emphasizing the limitations of their review scope in revocation appeals. ### Decision Issued The order to revoke the concurrent suspended sentences was **AFFIRMED**. The court ordered the issuance of the mandate. ### Document Access A link to the full opinion is provided for those seeking detailed legal reasoning: [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-231_1734701780.pdf).

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RE-2018-249

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

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RE-2017-964

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2017-964** **Antonio Depew Rhone, Appellant** **State of Oklahoma, Appellee** **Filed: April 4, 2019** **Summary Opinion:** Judge Hudson delivers the opinion of the court, affirming the revocation of Rhone's suspended sentence. ### Background: - On May 19, 2004, Antonio Depew Rhone pleaded guilty to Robbery with a Firearm and Kidnapping. - He received a 20-year sentence for the robbery (12 years suspended) and a concurrent 10-year sentence for kidnapping. - In July 2016, the State filed a motion to revoke his suspended sentence due to multiple probation violations, including new criminal charges. - After a revocation hearing on July 10, 2017, the District Court revoked Rhone's suspended sentence in full. ### Propositions of Error: 1. **Denial of Counsel of Choice:** Rhone claimed the trial court erred by not allowing him to hire his chosen attorney and denied his motion for a continuance. The court found no abuse of discretion, noting that Rhone had ample time to secure counsel but did not do so and had not shown any conflict with the appointed counsel. 2. **First Amendment Rights:** Rhone argued that his Facebook posts, which included threats, constituted protected speech. The court noted that Rhone did not object to the evidence's admissibility at the hearing, limiting review to plain error. The court ruled the statements were threats and not constitutionally protected speech. 3. **Insufficient Evidence for Revocation:** Rhone asserted the evidence against him was insufficient to support his revocation based on new criminal charges and other alleged probation violations. The court found that the State only needed to prove violations by a preponderance of the evidence and was satisfied the evidence presented justified the revocation. 4. **Abuse of Discretion in Revocation Decision:** Rhone contended that completely revoking his suspended sentence was excessive. The court reiterated that even one violation can justify a full revocation and found no abuse of discretion in the trial court's decision. ### Decision: The court affirmed the District Court's decision to revoke Rhone's suspended sentence. **Concurring Opinion (Kuehn, V.P.J.):** Kuehn concurred with the result, emphasizing that the evidence for the new drug charge alone justified the revocation. The other propositions were deemed moot. Kuehn agreed with the majority's analysis regarding the First Amendment claim, concluding there was no error in charging Rhone for his statements. **Conclusion:** The Oklahoma Court of Criminal Appeals upheld the revocation of Rhone’s suspended sentence, affirming the trial court's findings and rulings across all raised propositions. **[Download PDF of the full opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-964_1734708773.pdf)**

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F 2017-0031

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In OCCA case No. F 2017-0031, Heath Saxon Ford appealed his conviction for driving a motor vehicle while under the influence of alcohol and unauthorized use of a vehicle, both felonies. In a published decision, the court decided to reverse his termination from the Drug Court Program and remand the case for reinstatement into a Drug Court program, preferably in another county. No one dissented. Heath Saxon Ford was charged with multiple offenses in McCurtain County. He pleaded guilty to two of them and entered a Drug Court Program, agreeing to specific conditions. If he didn’t follow these conditions, he could be sentenced to twelve years in prison. The state wanted to kick him out of the Drug Court Program, saying he violated his agreement by having a bad drug test. At a hearing, a witness said something about the drug test results, but she didn’t perform the test herself nor was the actual test introduced as evidence. Ford argued that this was not fair and that they used hearsay, which is when someone talks about what another person said instead of providing direct evidence. The court agreed that the hearsay could not be the only reason for terminating Ford from the program and that they didn’t show strong enough evidence to prove he violated the terms. There were also concerns about how the Drug Court was being run, suggesting possible impropriety. Because of these issues, the court decided to reverse the decision to end Ford's participation in the Drug Court Program and ordered that he be reinstated, possibly in a different county's program.

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RE-2015-180

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In OCCA case No. RE-2015-180, the appellant appealed his conviction for two counts of Rape in the First Degree. In an unpublished decision, the court decided to reverse the order revoking his suspended sentence. One judge dissented. Here's a summary of the case: The appellant, after pleading guilty to Rape in the First Degree, was sentenced to twelve years in prison, which was suspended under certain conditions, including registering as a sex offender. Later, the State alleged that the appellant violated his probation by committing a new crime in Michigan, specifically being a felon in possession of a firearm. When the appellant was brought back from Michigan, a hearing took place about whether he had indeed violated his probation. During this hearing, the State presented various documents and testimony to support their claims, but these did not meet the legal requirements. They had included some documents from Michigan that were not certified and did not prove that a final judgment had been made regarding the alleged new crime. The court found that the State did not provide enough competent evidence to support their claim that the appellant had committed a new crime. The judges noted that the State must strictly prove a new offense for revocation of a suspended sentence. Since the State did not prove that the judgment from Michigan was final, the court agreed that there was an error. As a result, the court reversed the revocation order and sent the case back for further actions as needed. The court did not need to consider the other issues raised since the lack of evidence was sufficient to decide the appeal in favor of the appellant.

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F-2011-656

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In OCCA case No. F-2011-656, Jason Kenneth Dimaggio, Jr. appealed his conviction for multiple crimes, including robbery and assault. In an unpublished decision, the court decided to reverse one conviction but affirmed all others. One judge dissented. Jason Dimaggio was found guilty of several offenses that occurred during a violent crime spree in two Oklahoma counties. His crimes included robbery with a weapon, assault with a dangerous weapon, and other charges. He received lengthy sentences, with some of them being consecutive, meaning he would serve them one after another. During the appeal, Dimaggio argued that he didn't get a fair trial for several reasons. He claimed that some evidence about other crimes should not have been allowed, and that he was denied the chance to confront witnesses due to hearsay evidence. His main points included: 1. Other-crimes evidence was presented improperly. 2. Hearsay evidence was used against him. 3. The trial court allowed irrelevant photographs of him to be shown to the jurors. 4. There was misconduct by the prosecutor. 5. The jury was incorrectly instructed about his flight after crimes. 6. The combined effect of errors denied him a fair trial. 7. The court should not have ordered his sentences to be served consecutively. 8. He was unfairly punished multiple times for the same conduct. 9. The evidence did not support some of his convictions. The court reviewed all these claims and found that the evidence about earlier crimes was acceptable as part of the overall story of the events. Although there were issues with some evidence, like the photographs, the judges felt the impact on the trial was not significant enough to change the outcome because there was strong evidence against Dimaggio from witnesses. Regarding the prosecutor’s comments during the trial, the court noted that errors weren’t severe enough to matter because they were not objected to at the time. They also agreed that the jury's instruction about flight wasn't appropriate, but again, it didn't affect the strong evidence of guilt. Dimaggio’s claims of double jeopardy (being punished twice for the same crime) regarding his convictions for assault and fleeing from a police officer were not supported. The court ruled that the crimes were separate and had different elements. However, the court did agree that he should not be convicted for possession of a controlled substance because it was part of the robbery and should not have been counted as a separate crime. Thus, that conviction was reversed. In conclusion, except for the reversed conviction, the court upheld Dimaggio's multiple sentences and affirmed the trial court’s decisions in all other respects.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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F-2009-959

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In OCCA case No. F-2009-959, the appellant appealed his conviction for driving under the influence and driving with a suspended license. In an unpublished decision, the court decided to affirm most of the lower court's decisions while modifying one of the fines imposed. One member dissented. Napoleon Eugene Manous was tried by jury in the District Court of Okmulgee County, where he was found guilty of two counts: one for driving a motor vehicle while under the influence of alcohol and another for driving with his license suspended. The jury sentenced him to seven years in prison with treatment and a fine for the first count, and to six months in jail with a fine for the second count. Mr. Manous raised several points in his appeal. He claimed his rights were violated in a few ways. For instance, he argued that statements he made while in custody should not have been used against him because he did not receive a warning that he had the right to remain silent (known as a Miranda warning). The court found that the statements were not obtained from police questioning, so they could be used in his trial. He also argued that hearsay evidence was wrongly allowed in his trial. However, the court found that this evidence was not used to prove something true but was only to explain why the police officer acted as he did. Therefore, it did not violate his right to a fair trial. Manous believed he did not get a fair punishment because of incorrect jury instructions about fines for his second count. The court agreed that the jury got bad information about how much they could fine him and decided to change the fine amount to $300 instead of $500. He argued that the trial court misapplied his sentence and didn’t accurately reflect the jury’s decision. The court acknowledged this mistake and agreed to correct the written judgment to match the jury’s decisions. Moreover, Manous claimed that mentioning his past legal troubles during sentencing was unfair. The court, however, found that his lawyer did not object to this at the trial, which weakened his argument on appeal. He also stated his lawyer did not properly fight against the errors during the trial that affected his sentencing. Again, the court found that many issues had already been addressed and it was not enough to have his conviction overturned. Lastly, he combined all his complaints, arguing that they collectively warranted a new trial, but the court ruled that there was no significant accumulation of errors. In summary, the court affirmed much of the initial decisions made by the lower court but did make changes to the fine in one count. One judge disagreed with part of the decision but largely supported the overall outcome.

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S-2008-953

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In OCCA case No. S-2008-953, the State of Oklahoma appealed the decision regarding the conviction of James Lee Sharrock for Child Sexual Abuse. In an unpublished decision, the court decided to affirm the lower court's ruling, which had found that the child's out-of-court statements were inadmissible. The majority of the court agreed, while one member dissented. The case started when Sharrock was charged with two counts of Child Sexual Abuse. At a preliminary hearing, the judge decided that there was not enough evidence to proceed with one of the counts. This was because the statements made by a four-year-old child could not be used, as the child was not present to testify, which made those statements hearsay. The State argued that the judge made a mistake by not allowing the testimony of two adults who had interacted with the child. These adults wanted to share what the child said about their experience. However, the judge explained that according to Oklahoma law, the child must either be available to testify or fit certain criteria for hearsay to be considered valid. The State then appealed this decision, and another judge confirmed the initial ruling. Finally, the case was brought to the Oklahoma Court of Criminal Appeals, which reviewed the arguments and the evidence presented. They concluded that the lower court's decision was correct because the magistrate had the right to determine whether the child was available to testify. In the end, the court upheld the initial decisions made by both lower court judges, stating no mistakes were found in their rulings. The final rulings and orders were affirmed, confirming that the hearsay statements from the child could not be used in the case against Sharrock.

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F-2005-649

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In OCCA case No. F-2005-649, Alfred Gene Ryan appealed his conviction for First Degree Rape and Lewd Molestation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented in part. Ryan was found guilty in the District Court of Kay County, where a jury sentenced him to 20 years in prison for the rape charge and 10 years for the molestation charge, along with fines for both counts. The key points of his appeal focused on several alleged errors during his trial, including issues related to custody status during police questioning, hearsay testimony, the trial court’s handling of jury instructions, the admission of other crimes evidence, and claims of ineffective counsel. The court reviewed all the claims made by Ryan, including whether the trial court made mistakes by allowing certain evidence or testimony, and whether he received a fair trial. After considering the arguments and the entire record, the court did not find any major errors that would require a reversal of his conviction. The court stated that Ryan was not in custody when he spoke to law enforcement, which meant that his statements to them were properly admitted. They also ruled that the hearsay testimony from child victims was allowable and did not violate Ryan’s rights. The court acknowledged that there were instances of improper evidence admitted concerning other crimes but determined that these did not significantly impact the verdict concerning his guilt. Regarding jury instructions, the court agreed that Ryan should have been informed about the 85% rule, which might have affected the length of time he would serve. Therefore, they modified his sentences to run concurrently instead of consecutively, leading to a total time served being lessened. Overall, while the court affirmed the convictions, it recognized certain shortcomings in how the trial was conducted which justified modifying how the sentences were structured.

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F-2005-471

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In OCCA case No. F-2005-471, Desiray Jaibai Allen appealed his conviction for Distribution of Controlled Substance. In an unpublished decision, the court decided to modify Allen's sentence but upheld the conviction. The judges agreed on most points, but one judge dissented. Desiray Jaibai Allen was found guilty by a jury for distributing controlled substances and was sentenced to two consecutive 20-year prison terms. During the appeal, Allen raised several arguments claiming errors during the trial. He felt that improper evidence and misconduct affected his right to a fair trial. The court reviewed all aspects of the case, including trial records and arguments. Although they found some issues with the evidence presented, they decided that these did not require a complete reversal of the conviction. However, they agreed with Allen on one point: certain irrelevant and improper documents should not have been shown to the jury. Because of this, the court reduced his sentences to 15 years for each count instead of 20. The judges discussed other claims made by Allen, such as prosecutorial misconduct and hearsay evidence, but determined that these did not seriously impact the fairness of the trial. The accumulation of errors didn't lead to a requirement for further action beyond reducing the sentences. Ultimately, while the judgment of conviction remained intact, the sentences were modified to less time in prison. Thus, the court affirmed the guilty verdict but adjusted how long Allen would need to serve for the charges.

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S 2005-702

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In OCCA case No. S 2005-702, Roley appealed his conviction for Child Abuse/Neglect. In a published decision, the court decided to affirm the trial court's ruling. One judge dissented. Michael Ray Roley was charged with child abuse/neglect. This case started in Creek County District Court on November 9, 2004. After some hearings, the judge let Roley go free by granting a motion to quash, which means the charges against him were dismissed before a trial could happen. The State of Oklahoma, which was prosecuting Roley, didn't agree with this decision and decided to appeal it. They brought up three main points they believed were wrong with the judge's ruling. First, they argued that a previous case about a person’s right to confront witnesses didn’t apply to preliminary hearings. They said Roley was claiming a right to confront witnesses too early. Second, the State believed that Roley should not have been allowed to extend this right to preliminary hearings in such a broad way. Finally, they suggested that the court should consider the need to protect the child who was the victim in this case. After thoroughly examining the arguments and evidence, the court agreed with the trial judge’s decision. They highlighted that Oklahoma’s Constitution and laws give a person a right to confront witnesses during preliminary hearings, just like in a full trial. The court also noted that hearsay evidence, or what someone said out of court, could not be used unless the person who made the statement was unavailable. In this case, the children who were supposed to testify did not do so, making what the State presented unacceptable to prove that a crime had happened. The judges deliberated and concluded that the trial judge acted correctly when deciding not to allow the case to proceed based on the evidence presented. Therefore, the court supported the decision of the trial court to grant the motion to quash the charges against Roley, keeping him from being tried. In the end, the court affirmed the lower decision and stated that they would issue a mandate to finalize the ruling. One judge had a different opinion and disagreed, but the majority agreed that the earlier ruling should stand.

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F-2005-320

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In OCCA case No. F-2005-320, Duncan appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Duncan was found guilty of First Degree Manslaughter in Pushmataha County, and he was sentenced to four years in prison, with the last year suspended. He argued that his trial had several problems that made it unfair, including issues with witness testimony and jury instructions. The main issue in Duncan's appeal was that a doctor’s assistant’s testimony from a preliminary hearing was used at the trial, even though the assistant did not appear in person to be questioned. Duncan claimed this was wrong because he did not get a chance to confront the assistant and ask him questions. The court agreed with Duncan, stating that it is important for a defendant to see and question witnesses in person to ensure a fair trial. The court pointed out that the rules used to allow the assistant's testimony did not apply to criminal trials, and therefore, the testimony should not have been part of the evidence. The absence of this testimony was significant enough that it could have affected the trial's outcome. Because of this error, Duncan's conviction was overturned, and the court ordered a new trial, meaning Duncan will have the chance to defend himself again in court. The court decided not to consider other arguments Duncan made since the first issue was enough to reverse the decision.

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RE-2004-435

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In OCCA case No. RE-2004-435, the appellant appealed his conviction for unlawful possession of a controlled dangerous substance. In an unpublished decision, the court decided to reverse the revocation of his suspended sentences and return the case for further proceedings. One judge dissented. In the original case, the appellant pleaded guilty to three counts involving illegal drugs. The judge sentenced him to several years in prison but suspended the sentences with conditions, including not using drugs or not violating any laws. Later, the state asked to revoke his suspended sentences because he was arrested for new drug-related crimes. The state claimed he broke the terms of his probation. During a hearing, the appellant's probation officer testified but did not have direct evidence against the appellant, like a confession or firsthand knowledge, which led to questions about the evidence's reliability. The judge revoked the appellant's probation, but the appeals court found the evidence insufficient to support this decision. They explained that the state did not provide enough solid proof that the appellant committed new crimes and emphasized the importance of the right to confront witnesses when proving probation violations. As a result, the court reversed the revocation decision and ordered the case to be sent back for further proceedings.

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F 2003-959

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In OCCA case No. F 2003-959, Tomas DeLeon, III appealed his conviction for five counts of Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Tomas DeLeon, III was found guilty of crimes against children. A jury decided on the punishment for these crimes, saying he should go to prison for a total of about 14 years. He did not like the decision and asked the court to review it. He said that there were many mistakes made during his trial. First, DeLeon thought there wasn’t enough evidence to support one of the counts against him. He also said that his lawyer didn’t help him well. His lawyer didn’t try to cancel one of the charges, didn’t argue well during the trial, and didn’t use some evidence that could help DeLeon. DeLeon also complained that the people who were trying to prove he was guilty acted in a way that unfairly influenced the jury during their closing statements. He felt it wasn’t fair because they talked about other bad things he had done in the past. DeLeon argued that the judge didn’t make sure everything was recorded properly for his appeal, which hurt his rights. Then, he mentioned that the judge said he could not earn “good time,” which is a way prisoners can reduce their sentences for good behavior. Finally, he believed there wasn’t enough evidence to prove he did the bad things they said he did. He thought the errors and problems during the trial were so strong that the court should either take away his convictions or lessen his punishments. After looking closely at everything, the court decided that the convictions should stay as they were. They found that DeLeon hadn’t shown enough proof that his lawyer made big mistakes. They felt that the choices made during his trial didn’t create any serious unfairness. However, they did agree that the judge made a mistake by saying DeLeon could not earn “good time.” They ordered that this part of the decision should be removed from his sentence. But overall, the court upheld the jury's decision, meaning DeLeon will still go to prison for the crimes he was convicted of.

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F 2002-1009

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In OCCA case No. F 2002-1009, Rodney Jerome Burton appealed his conviction for trafficking in illegal drugs (cocaine base) and possession of a controlled dangerous substance within 1000 feet of a public park. In an unpublished decision, the court decided to affirm the conviction for trafficking in illegal drugs, but it dismissed the conviction for possession of a controlled dangerous substance within 1000 feet of a public park. One judge dissented. Burton was found guilty of trafficking in cocaine and possession of drugs near a public park. The jury recommended sentences of twenty years for trafficking and ten years for possession, which were to be served at the same time. Burton raised several reasons for his appeal, claiming that the evidence was not strong enough to support the verdicts, and that there were other problems in the trial. The court examined each of his claims, finding that there was enough evidence to support the trafficking conviction. They also decided that the jury was not pushed to come to a verdict and that the trial court followed the rules correctly regarding other pieces of evidence. It was determined that the remarks and actions of the prosecutor did not unfairly affect Burton's trial. The court concluded that there was no error regarding the prior photograph and that Burton's trial lawyer did a good job. Even though Burton wanted to benefit from a change in the law that might have helped him, the court said he was not entitled to that benefit because it didn’t apply to his case. Overall, the court upheld the sentence for trafficking but overturned the possession sentence, telling lower courts to dismiss that charge.

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