Instructions to Dismiss Archives

J 2016-0745

Post author:Staff
Post published:December 14, 2016
Post category:J

In OCCA case No. J 2016-0745, J.M.D. appealed his conviction for Endeavoring to Perform an Act of Violence. In an unpublished decision, the court decided to reverse the order adjudicating J.M.D. as a delinquent child and remand the matter to the District Court with instructions to dismiss. One judge dissented. The case began when a delinquent petition was filed against J.M.D., a 15-year-old boy, accusing him of planning to hurt others. The case went to trial where the judge heard the evidence. J.M.D. had made a list of people he did not like and called it a Hit List. However, he said he was just joking and having fun with a friend when he made the list. He did not plan to hurt anyone. The court found that the evidence was not strong enough to prove that J.M.D. really intended to harm anyone. The judges agreed that just writing a list, even with a bad name, does not mean someone is a danger to others. Because there was no proof of a real intention to do harm, the court decided that J.M.D. should not be labeled as a delinquent child. The judges also noted that the law requires strong proof in these cases. Since the state failed to show that J.M.D. was really trying to hurt someone, he should not have been found guilty. Therefore, they decided to dismiss the case against him.

RE 2014-0706

Post author:Staff
Post published:May 12, 2015
Post category:RE

In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

F-2011-460

Post author:Staff
Post published:August 13, 2012
Post category:F

In OCCA case No. F-2011-460, Tate appealed his conviction for multiple offenses including Attempting to Elude a Police Officer and Running a Roadblock. In an unpublished decision, the court decided to affirm some convictions and reverse others. One judge dissented. Tate was found guilty of trying to get away from the police and running through roadblocks. He also faced charges for assaulting a police officer. The jury recommended sentences which included prison time and fines. Tate argued that he should not be punished for multiple offenses when they stemmed from the same action of fleeing from police, claiming this violated laws against double punishment. The court reviewed the evidence and decided that, while some of Tate's claims were valid, such as his objections to being convicted for both Obstructing and Resisting an Officer, other aspects did not warrant reversal. The judges agreed that being punished separately for Attempting to Elude and for Assaulting an Officer was acceptable because they involved different actions. Overall, the court upheld the conviction on some counts, but reversed others due to overlapping aspects of Tate’s actions. The discussion highlighted the importance of careful laws around double jeopardy to ensure fair punishment.

F-2010-495

Post author:Staff
Post published:April 4, 2012
Post category:F

In OCCA case No. F-2010-495, Marco Lamonte Carroll appealed his conviction for one count of Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to affirm his convictions for Counts 1 and 3 but reverse Count 2 based on double jeopardy grounds. One judge dissented. Carroll was found guilty in a case related to a drive-by shooting that led to one person's death and another's injury. The evidence indicated that there were multiple guns in the vehicle, and shots were fired from more than one of them. The jury's conclusion that Carroll participated in the incident was deemed sufficient by the court. Carroll raised several reasons for his appeal. He argued that there wasn't enough evidence for the charge of Drive-by Shooting, which also supported his Second-Degree Murder conviction. He believed that the merger doctrine should mean his murder charge couldn't be based on the same act that caused the death, meaning his murder conviction should be vacated. He claimed that being convicted of both murder and using a vehicle to facilitate the shooting violated double jeopardy laws, which protect from being tried for the same crime twice. Finally, he argued that the trial court wrongly refused to give him credit for the time he spent in jail before the trial. After looking closely at all the arguments and the case records, the court upheld Carroll's convictions for Second Degree Murder and Using a Vehicle to Facilitate the Discharge of a Firearm related to the second shooting incident. However, they agreed that counting the charge for the first shooting incident separately violated double jeopardy principles, leading to the reversal of that conviction. Overall, while Carroll's main murder conviction and the second vehicle charge were confirmed, the charge of Using a Vehicle to Facilitate the Discharge of a Firearm from the first shooting was dismissed. The court concluded that the trial judge had functioned properly regarding the defendant's time served and did not find grounds to change that part of the decision.

F-2008-260

Post author:Staff
Post published:April 16, 2009
Post category:F

In OCCA case No. F-2008-260, Ronnie Lamonte Lister appealed his conviction for Trafficking in Illegal Drugs, Possession of a Firearm During Commission of a Felony, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the convictions for Trafficking in Illegal Drugs and Possession of a Firearm After Former Conviction of a Felony, but reversed the conviction for Possession of a Firearm During Commission of a Felony with instructions to dismiss. One judge dissented.

F 2004-1198

Post author:Staff
Post published:August 15, 2006
Post category:F

In OCCA case No. F 2004-1198, David Lynn Nelson appealed his conviction for multiple counts of sexual crimes. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One judge dissented on the matter of that specific count. Nelson was found guilty by a jury of serious charges, including two counts of Rape by Instrumentation, four counts of Forcible Oral Sodomy, two counts of First Degree Rape, and one count of Attempted Rape. He had previous felony convictions, which affected his sentencing. The jury sentenced him to 40 years in prison plus fines for some counts, while for the others, he received life imprisonment and higher fines. The sentences for all counts were set to run at the same time. During the appeal process, Nelson raised several issues. First, he claimed that he did not receive good help from his lawyer during the trial. However, the court found that his lawyer made decisions that were reasonable, so this claim was dismissed. Nelson also wanted the jury to be informed about new rules that would affect how long he would have to serve in prison before being eligible for parole, but the court did not grant this request. The court later decided it was important to adjust his life sentences to a total of 45 years instead. Moreover, Nelson argued that the evidence did not clearly show he committed one of the charges, specifically concerning the forcible oral sodomy. The court looked at the details of the evidence and found it lacking in proving that aspect, leading to the reversal of that particular count. In summary, the court upheld most of the convictions, but one was removed, and the sentences for the life terms were reduced, while the other penalties remained unchanged. The judge who disagreed with reversing the sodomy conviction felt that the evidence given during the trial was enough to support that finding.

F 2004-1002

Post author:Staff
Post published:October 26, 2005
Post category:F

In OCCA case No. F 2004-1002, Benny Paul McCartney appealed his conviction for attempted manufacturing of a controlled dangerous substance, possession with intent to distribute, and possession of a controlled dangerous substance. In an unpublished decision, the court decided to affirm his convictions for the first two counts but to reverse and dismiss the third count due to double jeopardy concerns. One judge dissented regarding the reversal of the third count, arguing that the appellant violated two different laws and should be held accountable for both.

C-2003-1382

Post author:Staff
Post published:December 3, 2004
Post category:C

In OCCA case No. C-2003-1382, Ronyell Lamar Shelton appealed his conviction for multiple crimes including Conspiracy to Commit a Felony, Robbery with a Firearm, Knowingly Concealing Stolen Property, and Unlawful Possession of a Firearm. In a published decision, the court decided to affirm the convictions for conspiracy, robbery, and unlawful possession of a firearm but reversed the conviction for one count of concealing stolen property, allowing Shelton to withdraw his plea for another count of this crime. One judge dissented regarding the reversal of the concealing stolen property charges, stating that both charges were valid.

F 2004-269

Post author:Staff
Post published:March 15, 2004
Post category:F

In OCCA case No. F 2004-269, Edward Lee Cox, Jr. appealed his conviction for Shooting with Intent to Kill, Robbery with Firearms, and Larceny of an Automobile. In an unpublished decision, the court decided that his conviction for Robbery with Firearms should be reversed and dismissed, while the convictions for the other two counts were affirmed. One judge dissented.

F 2002-1041

Post author:Staff
Post published:August 7, 2003
Post category:F

In OCCA case No. F 2002-1041, Carlos Gomez Modesto appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine and Cocaine). In an unpublished decision, the court decided to reverse and remand Count 1 with instructions to dismiss it, while affirming Count 2. One judge dissented. The case started when Modesto was found guilty in an earlier trial of trafficking both methamphetamine and cocaine. The jury decided his punishment for methamphetamine should be ten years and a fine of $50,000, and for cocaine, ten years and a fine of $25,000. However, during sentencing, the judge changed the punishment for methamphetamine to just four years, allowing both counts to run at the same time. Modesto raised several issues during his appeal, challenging the fairness of the trial. He claimed that: 1. The trial court didn't properly handle his request to dismiss the charges based on double jeopardy, which is when a person can't be tried twice for the same crime. 2. He argued that having two convictions seemed unfair, like getting punished twice for the same wrongdoing. 3. He believed that the evidence presented was not enough to support his convictions. 4. Modesto complained about the prosecutor's comments during closing arguments, suggesting they were harmful and unfair. 5. He pointed out that some decisions made by the trial court regarding evidence were wrong, which affected his right to a fair trial. After looking carefully at all the facts and arguments, the court agreed with Modesto on some points. They found that his two convictions did violate the rule against double punishment, so they decided to reverse the conviction for methamphetamine and instruct the lower court to dismiss that charge. However, they determined there was enough evidence to uphold the conviction for cocaine and decided to affirm that part. The court also recognized that the prosecutor's comparison of Modesto to a notorious criminal was inappropriate, but they concluded it wasn’t enough to change the trial's outcome. Lastly, although there were some mistakes in handling evidence, they decided those were not serious enough to affect the fairness of the trial. In summary, the court's final ruling was that Modesto's conviction for trafficking cocaine would stand, while the conviction for methamphetamine was reversed and dismissed.

F-2001-692

Post author:Staff
Post published:October 15, 2002
Post category:F

In OCCA case No. F-2001-692, William Ray Pratt appealed his conviction for First Degree Rape by Instrumentation and Child Sexual Abuse. In an unpublished decision, the court decided to affirm the convictions and sentences for most counts but reversed one count due to lack of evidence. One member of the court dissented. Pratt was found guilty of several serious crimes against a child and was sentenced to a total of 45 years in prison, with the sentences for each count set to run one after the other. He challenged his conviction on several grounds, which were carefully reviewed by the court. First, Pratt argued that evidence of other crimes against him should not have been allowed in the trial. The court found that this evidence was considered appropriate because it showed similar behavior. Next, Pratt claimed there were mistakes made during the trial that hurt his chance for a fair trial. The court disagreed, saying that the mistakes did not significantly affect the outcome of his trial. Finally, Pratt mentioned that there was not enough evidence for one of the counts against him. The court agreed with this, stating that the required proof of penetration was missing for that specific count, leading them to reverse the conviction for that charge and instruct the lower court to dismiss it. Overall, while Pratt's appeal was partially successful, the court upheld most of his convictions and sentences.

F-2001-444

Post author:Staff
Post published:September 30, 2002
Post category:F

In OCCA case No. F-2001-444, Eric Anthony Rivera appealed his conviction for Kidnapping and Domestic Abuse. In a published decision, the court decided to reverse the Kidnapping conviction and instructed to dismiss it, while affirming the conviction for Domestic Abuse. One judge dissented. Eric was tried by a jury and found guilty of two serious charges: Kidnapping and Domestic Abuse. The jury gave him a ten-year prison sentence for Kidnapping and a one-year jail sentence for Domestic Abuse, which will be served at the same time. After reviewing the evidence and arguments from both sides, the appeals court found that there wasn't enough evidence to support that Eric truly intended to kidnap the victim secretly. Because of this, the court said that the conviction for Kidnapping should be reversed, meaning they didn't agree with that part of the trial's decision. They felt Eric didn’t get a fair chance regarding that charge because the evidence didn’t meet the legal requirements. However, they found that the case against him for Domestic Abuse still stood strong and was supported by sufficient evidence, so they kept that conviction in place. The judges on the appeal discussed their different opinions about the case, with one agreeing with the majority, while others felt that the Kidnapping conviction should have stayed based on the evidence presented. In the end, the court's decision meant Eric would no longer be punished for Kidnapping but would still serve his sentence for Domestic Abuse.

F 2000-1652

Post author:Staff
Post published:March 14, 2002
Post category:F

In OCCA case No. F 2000-1652, Shaun Scott Sprowls appealed his conviction for Manufacturing a Controlled Dangerous Substance and Manufacturing a Precursor Substance. In a published decision, the court decided to affirm the conviction for Manufacturing a Controlled Dangerous Substance but reversed and dismissed the count for Manufacturing a Precursor Substance. One judge dissented. The case began when authorities found evidence suggesting Sprowls was making illegal drugs, which led to his trial. The jury found him guilty and recommended a long prison sentence along with fines. Sprowls argued that this evidence should not have been used because it was collected without a proper search warrant. He also claimed that he was unfairly punished multiple times for the same act, which violated his rights. After reviewing the case, the court agreed that Sprowls was punished twice for the same crime, so they reversed the second conviction and removed the fine associated with it. However, they determined that the evidence for the first charge was enough to support the jury's decision and that his sentence was fair. Ultimately, the court affirmed part of the decision but corrected what they saw as an error in punishing him.

RE 2000-1257

Post author:Staff
Post published:October 16, 2001
Post category:RE

In OCCA case No. RE 2000-1257, the appellant appealed her conviction for furnishing beer to a person under twenty-one years of age. In a published decision, the court decided to reverse the revocation of her suspended sentence and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant pled guilty and was sentenced to one year, which was suspended, meaning she would not have to serve time right away as long as she followed certain rules. However, later, the state said she had broken those rules and asked the court to revoke her suspended sentence. After a hearing, the judge decided she had violated her probation and sentenced her to one year in jail with a part of that sentence suspended. The appellant appealed this decision, saying the court did not have the right to change her original sentence and that there wasn't enough proof of her violation. She also argued that she didn't receive proper notice about the reasons for her revocation, which is important for due process. The court agreed with her on the fact that the state did not provide enough evidence to support the revocation of her sentence. Due to this, the court decided to reverse the previous decision and instructed the lower court to dismiss the revocation order.

O-98-461

Post author:Staff
Post published:April 13, 1999
Post category:O

In OCCA case No. O-98-461, Johnnie Edward Romo appealed his conviction for False Declaration of Ownership and Embezzlement by Employee. In a published decision, the court decided to reverse the order and judgment that revoked his suspended sentences. No justices dissented. Johnnie Romo had originally pleaded guilty and received a suspended sentence for his crimes. However, the state later sought to revoke this suspended sentence after he did not comply with the rules of probation. The appeal focused on two main points: first, that the state took too long to act on the motion to revoke his sentence, and second, that there was a promise made regarding reducing sentences if he admitted to the allegations. The court reviewed the arguments and found that the state did not act quickly enough and allowed Romo's suspended sentences to expire without bringing him to court in a timely manner. As a result, the court reversed the decision to revoke the sentences and instructed that the case be dismissed.