Indecent or Lewd Acts

F-2018-738

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keith Lorenzo Sumpter, who was convicted of Indecent or Lewd Acts with a Child Under Sixteen. Sumpter was sentenced to thirty-five years in prison and appealed his conviction on multiple grounds, asserting errors related to hearsay, the admission of previous testimony, prosecutorial misconduct, and the accumulation of errors leading to an unfair trial. The court addressed each of Sumpter's assertions: 1. **Hearsay and Affidavit**: The court ruled that the trial court did not err in excluding an affidavit by the victim's mother, LaLethia Frederick, which was deemed to be self-serving hearsay without sufficient corroborating evidence to establish its trustworthiness. 2. **Cross-Examination Issues**: The court found that there was no error in admitting Frederick's Preliminary Hearing testimony since defense counsel had ample opportunity to cross-examine her about the lewd conduct allegations. 3. **Reliability of Testimony**: The court determined that the Preliminary Hearing testimony was reliable as it was given under oath and was subject to thorough cross-examination, thereby satisfying legal standards for admissibility. 4. **Federal Due Process**: Sumpter's argument that federal due process mandated the admission of the affidavit was dismissed, as the affidavit did not meet the criteria for reliability or critical importance to his defense. 5. **Prosecutorial Misconduct**: Allegations regarding improper commentary by the prosecutor during closing arguments were evaluated and deemed insufficient to constitute grounds for a fair trial violation. 6. **Cumulative Errors**: The court concluded that because none of Sumpter's claims of error were sustained, the cumulative error argument lacked merit. Ultimately, the Court affirmed the judgment and sentence imposed by the lower court. This summary opinion highlights various legal principles regarding hearsay evidences, the confrontation rights of defendants, and the latitude allowed for prosecutorial arguments, culminating in the decision that Sumpter's trial was conducted fairly despite his claims.

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RE-2018-1006

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**Court of Criminal Appeals of the State of Oklahoma** **Case No. RE-2018-1006** **Jose Adolfo Rios, Appellant,** **vs.** **The State of Oklahoma, Appellee.** **Summary Opinion** **Judge Lumpkin:** Appellant, Jose Adolfo Rios, appeals from the revocation in full of his concurrent ten-year suspended sentences in Case No. CF-2006-6132. The Honorable Ray C. Elliott, District Judge, ruled on this matter. On April 4, 2008, Appellant entered a guilty plea to two counts of Rape in the First Degree and two counts of Indecent or Lewd Acts With a Child Under Sixteen, resulting in sentences of twenty-two years for the rape counts (with the first twelve years suspended) and twenty years for the lewd acts counts (with the first ten years suspended), all to run concurrently. On July 25, 2018, the State filed an Application to Revoke Suspended Sentence, asserting multiple violations of probation, including failing to report, change of address, pay supervision fees, attend mandated treatment, and committing a new crime—Domestic Assault and Battery With a Dangerous Weapon. During the revocation hearing before Judge Elliott, substantial evidence was presented regarding Appellant's violation of probation terms, including testimonies from Appellant’s probation officer and other evidence illustrating Appellant's failure to comply with treatment and reporting requirements. Appellant testified about personal struggles following a crime in which he was a victim, stating he had fallen victim to substance abuse and homelessness. After reviewing the evidence, Judge Elliott found sufficient basis to revoke the suspended sentences, having established by a preponderance of the evidence that Appellant had committed multiple violations, including failing to report and failing to attend treatment. **Proposition of Error:** Appellant argues that the trial court abused its discretion in fully revoking his sentence, asserting that Judge Elliott did not adequately consider alternatives to full revocation. **Analysis:** The decision to revoke a suspended sentence is within the discretion of the trial court and will not be overturned without evidence of abuse of that discretion. Here, Judge Elliott had unrefuted evidence of Appellant's violations. The record demonstrates that Appellant acknowledged his failures and did not meet the terms of probation. While Appellant claimed that less severe measures should have been considered, the applicable statutes do not mandate such considerations during revocation proceedings. As such, Appellant has not demonstrated that the trial court erred or abused its discretion in revoking the sentences in full. **Decision:** The order of the District Court of Oklahoma County revoking Appellant's concurrent ten-year suspended sentences is AFFIRMED. **Appearances:** **For Appellant:** Ben Munda, Assistant Public Defender Hallie Elizabeth Bovos, Assistant Public Defender 320 Robert S. Kerr, Suite 400 Oklahoma City, OK 73102 **For the State:** Suzanne Lavenue, Assistant District Attorney Mike Hunter, Attorney General of Oklahoma Tessa L. Henry, Assistant Attorney General 320 Robert S. Kerr, Suite 505 Oklahoma City, OK 73102 **Opinion By:** Lumpkin, J. **Concurred by:** Lewis, P.J.; Kuehn, V.P.J.; Hudson, J.; Rowland, J. MANDATE is ORDERED issued upon the filing of this decision. [Download Full Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1006_1734358375.pdf)

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C 2005-608

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In OCCA case No. C 2005-608, Ricky Allen Rinker appealed his conviction for Sexual Abuse of a Child and Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to grant Rinker's request to withdraw his pleas. One judge dissented. Ricky Allen Rinker made pleas of guilty and nolo contendere for several counts of crimes against children. He was sentenced to a total of over forty years in prison. After some time, Rinker wanted to take back his pleas, saying they were not made knowingly or voluntarily. He believed he was not properly informed about the possible sentences and his eligibility for parole. The court agreed that he had not been properly informed about important rules related to his sentence, particularly that he would need to serve 85% of his time before being eligible for parole. Since this was a serious issue, the court allowed him to withdraw his pleas and overturned his sentence. Some judges thought that Rinker should have to provide more proof that he did not understand the rules concerning his pleas. They believed he had not shown enough evidence that he should be allowed to take back his pleas simply because no official record of his plea was made. However, in the end, the majority ruled in favor of Rinker, allowing him a chance to re-do his plea with all the proper information.

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F 2005-569

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In OCCA case No. F 2005-569, Anthony Logan Merrick appealed his conviction for multiple counts of sexual crimes involving minors. In an unpublished decision, the court decided to affirm most of Merrick's convictions but reversed and dismissed certain specific counts. One judge disagreed with part of the decision. Merrick was tried and found guilty of 21 counts of sexual abuse of a child, 2 counts of sexual exploitation of a child, 15 counts of possession of obscene material involving minors, 4 counts of first-degree rape by instrumentation, and 8 counts of indecent or lewd acts with a minor child under sixteen. He received two life sentences and additional time for the other charges, which would run together, but separately from some other counts. Merrick raised several issues in his appeal. He argued that the search warrant used to gather evidence was not valid because it did not show enough probable cause, and therefore, the evidence collected should not have been allowed in court. The court disagreed and explained that the affidavit (the document that supported the search) did provide a reasonable basis for the warrant. They determined that there was enough evidence to suggest a crime had taken place and that the search was lawful. He also claimed the warrant was not detailed enough in specifying what items could be seized. The court found that the warrant was correctly written to allow officers to identify the items they needed to seize. Merrick's next point was about double punishment. He argued he should not be punished for both the act of lewd molestation and the possession of related images, saying it was unfair. However, the court concluded that these were separate crimes, and thus he could be punished for both. Merrick also believed he should only be charged once for a large number of images found, but the court stated that there were indeed separate counts for each type of evidence that were introduced. Lastly, Merrick claimed that his lawyer did not help him enough during the trial, which hurt his case. The court said there wasn't enough evidence to show that he was harmed by his lawyer's performance. As a result, the court upheld the majority of the convictions while reversing some counts related to possession of images, ordering them to be dismissed.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for multiple counts of serious crimes, including First Degree Rape and Forcible Oral Sodomy, following a jury trial in Oklahoma County. In an unpublished decision, the court decided to reverse the convictions and order a new trial. One judge dissented. Marion Lewis was found guilty of several serious charges after a trial where he represented himself. He went to trial and was sentenced to life without the chance for parole for most counts and twenty years for another. He believed the court did not properly warn him about the risks of representing himself and raised concerns about his mental ability to stand trial. He also argued that the trial court did not allow him enough time to prepare his defense, which he felt hurt his case. The court found that the trial judge did not give Lewis enough time after he was allowed to represent himself just a few days before the trial started. This lack of time made it hard for him to gather witnesses and evidence that he thought were important for his defense. The court decided the denial of his request for more time was unfair and violated his rights. In the end, the court reversed Lewis's convictions and ordered a new trial, agreeing that the trial process had not been fair. However, one judge disagreed, believing that the trial court acted correctly in denying the request for more time, stating that Lewis had not shown he would have been able to present a strong defense even if he had been given more time.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Indecent or Lewd Acts with a Child. In an unpublished decision, the court decided to reverse his convictions and order a new trial. One judge dissented. Mr. Lewis was found guilty by a jury in Oklahoma County for serious crimes against a child. The jury decided that he should serve life in prison without parole for the majority of the counts and 20 years for one count. He then appealed this decision, raising three main problems he believed were wrong in his trial. First, he argued that he wasn't properly warned about the risks of representing himself in court, which meant he didn't fully understand what he was giving up by choosing to do so. This was important because it related to his rights as a citizen, protected under the Sixth Amendment. Second, he claimed that the trial court didn't look carefully at whether he was capable of standing trial. He thought there were signs that suggested he wasn't mentally fit for the trial, which might have violated his rights under the Fourteenth Amendment. Third, he complained that the trial court wouldn't allow him to delay the trial, which prevented him from calling witnesses and putting forth a strong defense. He believed this decision also violated his rights. The court noted that Mr. Lewis had been asking to represent himself for a long time before the trial. However, he only received permission to do so a few days before his trial began. The trial court denied his request for more time to prepare and to gather witnesses that he wanted to bring to help his case. The judges noted that having enough time to prepare is important for someone defending themselves in court, especially when they have only just been allowed to do so. The court found that denying him more time was unfair and hurt his chances for a fair trial. As a result, the court agreed that his right to present a defense had been violated when the trial court wouldn’t allow a continuance. This led them to reverse his convictions and order a new trial, meaning he would have another chance to fight the accusations against him. The other issues he raised about warnings and competency were not necessary to discuss because they were overshadowed by the first issue. In conclusion, the court decided that Mr. Lewis's convictions were unfair, and he will get a chance to have a new trial. One judge disagreed with this outcome, feeling that the trial court made the right decision in denying a continuance and that Mr. Lewis had not shown how he was harmed by that decision.

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F-2003-802

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In OCCA case No. F-2003-802, the appellant appealed his conviction for multiple serious crimes against minors. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One member of the court dissented regarding the sentences. The appellant was found guilty of many crimes, including possession of obscene material involving minors and various forms of sexual assault and exploitation. The jury decided on significant punishments, including life imprisonment for some counts and substantial fines. The sentences were ordered to run one after the other, meaning the appellant would serve a long time in prison without the chance to have some time overlap. The appellant raised several issues during the appeal. He argued that his trial was unfair for various reasons, such as hearsay evidence being allowed and prejudicial comments from the prosecutor. He also claimed that he was charged with crimes that were not consistent with the law at the time of the offenses, notably regarding the sexual exploitation charge. The court evaluated each point raised by the appellant. They found that while there were errors in how the trial was handled, not all of them affected the final outcome significantly. Some errors were considered harmless or did not warrant a change in the verdict. The court agreed that some charges were problematic, particularly that of sexual exploitation, which the court decided to reverse and dismiss. The court concluded that the appellant's conviction for the possession charge should reflect a different statute and that some sentences exceeded legal limits. The court modified these sentences appropriately and affirmed most of the other convictions. One judge did not agree with the decision to have all sentences run consecutively and believed they should run together instead, which would allow for a potentially shorter total time in prison. This disagreement highlights the differing opinions within the court regarding the severity and application of sentences. In summary, the case involved serious crimes with significant legal discussion around the fairness of the trial and the appropriateness of the resulting sentences.

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F 2003-443

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In OCCA case No. F 2003-443, Kenneth Linn Walker appealed his conviction for multiple serious crimes, including thirteen counts of First Degree Rape and nine counts of Forcible Oral Sodomy, among others. In an unpublished decision, the court decided to affirm most of the convictions but reversed one count related to Sexual Exploitation of a Child. One judge dissented. Walker was found guilty after a jury trial held in Oklahoma County. The judge sentenced him to a total of 300 years in prison. Walker raised several arguments in his appeal. First, he claimed that the court did not have the power to charge him because some of the accusations were too old and past the legal time limits for prosecution. The court decided that most of the charges were filed on time, but the one charge related to Sexual Exploitation of a Child was not. Walker also argued that he did not have enough time to prepare a proper defense and that he was not given a fair trial because some evidence was kept from him. However, the court found that the requirements for the charges were clear enough that he could adequately prepare for his defense. Regarding the evidence presented, Walkers’ lawyers contended that the witness testimonies should not have been enough to convict him. Nonetheless, the court ruled that the testimonies were credible and strong enough to support the convictions. In summary, the court upheld the majority of Walker's convictions but found that one charge was incorrectly handled because the legal time limit had passed. As a result, they reversed that specific charge while keeping the rest of the convictions intact.

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