F-2005-1058

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In OCCA case No. F-2005-1058, Shaynathian Rashaud Hicks appealed his conviction for multiple charges including indecent exposure, attempted rape, injury to a minor child, and others. In an unpublished decision, the court decided to reverse the conviction for indecent exposure and remand it with instructions to dismiss. The remaining convictions were affirmed. One judge dissented regarding certain aspects of the opinion. To explain further, Hicks was tried and found guilty of several serious offenses. These included lewd acts like indecent exposure and attempted rape. The jury gave him a total of different sentences, with the most time for his attempted rape and injury to a minor child. Hicks felt that the evidence against him was not strong enough and presented several reasons why he thought he should win his appeal. He argued that there wasn't enough proof to show that his actions qualified as indecent exposure. The court agreed and reversed that conviction, saying the evidence didn’t show he acted in a lewd way. However, for the other charges like attempted rape and injury to a minor, the court found the evidence sufficient, so his convictions for those remained in place. Hicks also had a problem with the way the trial was conducted. He claimed that he wasn’t able to confront all the witnesses against him because some of their testimonies were taken without them being present at the trial. But the court decided the trial was fair and followed the rules. Hicks felt that mistakes were made in how the jury was instructed about the law and that the prosecutor acted unfairly during the trial. The court looked into these claims, but most were either waived or didn’t have a significant impact on the trial's outcome. In summary, while the court reversed his conviction for indecent exposure due to a lack of evidence, it upheld the other convictions because they found there was enough evidence for those offenses. Hicks’s overall arguments did not lead to a change in the other convictions, which means he must serve his sentences as determined by the jury.

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