Indigent Defense System

F-2007-636

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In OCCA case No. F-2007-636, Bryan William Long, Jr. appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute (Methamphetamine). In an unpublished decision, the court decided that the sentence imposed by the District Court was vacated, and the case was remanded to determine the total number of days served under the original sentence. In C-2007-743, the judgment and sentence for Burglary in the Second Degree was affirmed, but the District Court was directed to correct the journal entry regarding prior felony convictions. #1 dissented.

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S-2008-53

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In OCCA case No. S-2008-53, the State of Oklahoma appealed the conviction for Child Abuse. In an unpublished decision, the court decided to affirm the earlier decisions, meaning they upheld the conclusion that there was not enough evidence to proceed with the trial against the defendant. One judge dissented in this case. The case was about a parent who was accused of child abuse after leaving her two children in a vehicle while she became unconscious. The court looked at whether the parent’s actions met the legal definition of child abuse. A special judge had already decided there wasn’t enough evidence to charge her, and when the State appealed that decision, the district judge agreed. When the case reached the Oklahoma Court of Criminal Appeals, the justices reviewed the earlier decisions. They listened to arguments from both sides and looked closely at the facts. They saw that the earlier judges had acted reasonably and hadn’t made any mistakes that would change the outcome. Therefore, they decided to keep the original ruling, which meant that the parent wouldn’t have to face trial for the charges brought against her.

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F-2004-63

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In OCCA case No. F-2004-63, Joshua Lee Masters appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm his conviction but remanded the case for resentencing and correction of the Judgment and Sentence. One judge dissented. Joshua Lee Masters was found guilty after a bench trial in Bryan County. He was sentenced to ten years in prison, with the last five years of his sentence suspended under probation conditions. He appealed his conviction, claiming that the evidence was not enough to prove he was guilty of Rape by Instrumentation. He argued that the victim was not unconscious of what was happening, and he was sentenced incorrectly under the penalty for First Degree Rape when his actions should have been classified as Second Degree Rape. The court carefully reviewed the case and the arguments made. They explained that Rape by Instrumentation happens when the victim does not understand what is happening, and the person committing the act knows about it. In this case, the victim was confused because she thought the attacker was someone else. The court agreed with this argument and found enough evidence for the conviction but noted a mistake in how the sentence was given. Since the State didn’t prove special circumstances needed for the higher First Degree Rape charge, the punishment range was incorrect. The court said this was a clear error. This meant the case needed to go back to the lower court to adjust the sentence so it matched the correct punishment for Second Degree Rape by Instrumentation. In summary, while Masters' conviction stood, the sentencing part was sent back for correction.

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F-2002-613

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In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.

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F-2002-708

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In OCCA case No. F-2002-708, Gary Don Caudill appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to modify his sentence. The original jury had recommended an 18-year sentence, but the district court imposed a 35-year sentence and a $2000 fine instead. Caudill argued that this was not fair because the court should not have given him a longer sentence than what the jury recommended. The court agreed with this claim, stating that the state had made a mistake because of a prior legal opinion that was later changed. As a result, Caudill's sentence was modified back to 18 years in prison with the same fine. The decision of the district court was affirmed, but his sentence was changed. One judge dissented.

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F-2001-1445

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In OCCA case No. F-2001-1445, John Wesley Dickson appealed his conviction for Possession of a Controlled Dangerous Substance, After Former Conviction of a Felony. In a published decision, the court decided to affirm the judgment of the trial court but modified his sentence to twenty years imprisonment. One judge dissented. John Wesley Dickson was found guilty by a jury for having illegal drugs after he had been convicted of a crime before. The jury decided that he should go to prison for forty years. Dickson thought this was too harsh and took his case to a higher court for a review. The higher court looked at all the evidence, including what happened in the original trial. The judges found that while the forty-year sentence was lawful, the remarks made by the prosecutor during the sentencing could have influenced the jury too much. The prosecutor's comments on what they thought was an appropriate punishment were seen as quite problematic. The court believed that the sentence given shocked their sense of fairness, which is a key reason for modifying sentences. Despite being allowed to recommend sentences, the prosecutor should have kept personal views out of their statements to avoid bias in the jury's decisions. Finally, the court decided to change the sentence from forty years to twenty years. They pointed out that the rules at the time of the crime did not allow applying changes in law retroactively to make the punishment lighter. Thus, only the laws that were in place when Dickson committed the crime could be applied to him. In conclusion, the court confirmed Dickson’s conviction but found the original sentence too severe, leading to a new sentence of twenty years in prison. One judge disagreed with the change in sentence, feeling that the jury's and prosecutor’s actions were acceptable.

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F-2001-1230

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In OCCA case No. F-2001-1230, a person appealed his conviction for attempted second-degree burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentence from thirty years to twenty years. One judge dissented. The person, who was found guilty of trying to break into a garage, admitted to the police that he was looking for tools to fix his car. However, the court determined that this was not a good enough reason to justify his actions in attempting to commit burglary, so the evidence supported his conviction. The appellant raised several issues in his appeal. He argued that there wasn't enough evidence to support the conviction, and claimed that two of his previous convictions, which were used to enhance his sentence, came from the same incident. He also argued that the introduction of some unfair evidence during the trial and the instruction given to the jury resulted in a higher sentence than warranted. Another point of contention was that a new law reducing penalties for certain non-violent offenders should apply to him. However, the court found that this new law could not be applied to his case because it was not stated that it should apply to past cases. Finally, he claimed that the cumulative errors in his trial affected the fairness of the verdict, but the court found that the only issue that warranted a change was the irrelevant evidence that influenced the length of his sentence. In summary, the court agreed that some aspects of the trial weren't fair, leading to a modified sentence of twenty years instead of thirty, but it upheld the conviction itself.

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F-2001-283

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In OCCA case No. F-2001-283, Timothy Dewayne Kliven appealed his conviction for Conspiracy to Manufacture a Controlled Dangerous Substance. In a published decision, the court decided to reverse Kliven's conviction with instructions to dismiss. Kliven's co-appellant, Tony Wayne Jones, also had his conviction reversed. One justice dissented. The case involved both men being found guilty of planning to make methamphetamine, but the evidence against them was not strong enough to show that they had agreed to do this crime. The evidence was mainly based on circumstantial facts, which means it didn't directly show their involvement in a conspiracy. Since there wasn't enough proof, the court ruled that their convictions should not stand.

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F-2005-392

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In OCCA case No. F-2000-638, Ray Lamont Hubbard appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided that the assessment of incarceration costs against him needed further review because the process used to determine those costs was not followed properly. The opinion noted that Hubbard's ability to pay was considered, but remanded the case for an evidentiary hearing to correctly calculate the incarceration costs. In OCCA case No. F-2000-194, Troy Don Cape also appealed the assessment of incarceration costs after pleading guilty to Driving While Intoxicated. The court similarly decided to vacate the amount of costs assessed against him because the required procedure for determining the costs was not adequately followed. Both cases were sent back for hearings to determine appropriate incarceration costs. One judge dissented on the decision to vacate and remand, believing that the assessments were already supported by sufficient evidence and that the trial courts had acted within their discretion.

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F-2000-796

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In OCCA case No. F-2000-796, Ronald Phipps appealed his conviction for attempting to manufacture methamphetamine, possession of methamphetamine (as a subsequent offense), possession of marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to vacate the $1,000 fine for the possession of marijuana but affirmed all other convictions and sentences. One judge dissented on the issue of the fine.

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