In OCCA case No. F-2006-110, Gilbert Vega, Jr. appealed his conviction for First Degree Felony Murder (while in the commission of Attempted Robbery with a Firearm). In an unpublished decision, the court decided to affirm the conviction but reverse the sentence and remand for resentencing. One judge dissented. Gilbert Vega, Jr. was found guilty by a jury for the murder of Francisco Hernandez. This murder happened during an attempted robbery at Hernandez's home in Oklahoma City in December 2003. During the trial, the focus was on whether Vega was involved in the incident that led to Hernandez's death. The night of the murder, Hernandez, his girlfriend, and a cousin were in their home when three armed men broke in, threatening them. They physically assaulted the girlfriend and demanded information about money and drugs believed to be in the house. After the attackers had beaten and bound the victims, shots were fired. A neighbor heard the commotion and called for help, but by the time police arrived, Hernandez was dead. Evidence against Vega came mainly from his girlfriend, Rachel Prior. She testified that Vega and his cousin left their home that night intending to rob someone. When Vega returned around 3 a.m., he allegedly threatened her with a gun and described how the robbery went wrong. He claimed to have physically assaulted the girlfriend of the victim and had shot a weapon during the incident. Moments later, police found a gun linked to the crime at Prior's house, and DNA evidence from that gun matched Vega's DNA. In the case, several arguments were debated regarding evidence and trial procedures. Vega's team argued that he was denied a fair trial due to certain evidence being admitted. This included evidence related to a boot print found at the crime scene. The court ruled that these demonstrations were not misleading to the jury and were part of a larger set of evidence against Vega, which included strong DNA evidence. Vega also claimed there were errors in allowing certain evidence about DNA testing from beer bottles found near the crime scene and argued his jury was not properly instructed regarding sentencing rules that could affect his case. However, the court found no significant errors and stated that evidence presented at the trial, including Prior's testimony, was strong enough to support the conviction. Ultimately, while Vega's conviction for murder was upheld, the court determined that he needed to be resentenced.
