In OCCA case No. J-2004-741, C. C. appealed his conviction for attempted larceny of domestic game. In an unpublished decision, the court decided to affirm the District Court's ruling and clarify that the total restitution to be paid by C. C. and his co-defendant is $8,000. One judge dissented.
In OCCA case No. J-2003-1180, T.C.S. appealed his conviction for second-degree burglary. In an unpublished decision, the court decided to reverse the District Court's decision and remand the case for a new trial. One judge dissented. T.C.S. was found to be delinquent after a hearing where he was accused of committing burglary when he was 16 years old. The court looked at evidence and decided that the testimony from an accomplice needed to be supported by more evidence to connect T.C.S. to the crime. Since the only supporting evidence showed that T.C.S. was in the same place as the accomplice later that night, it was not enough to prove he committed the burglary. The judges agreed that for a conviction based on an accomplice's testimony, there must be more proof that ties the defendant to the crime. As such, since this was not met, the judges reversed the earlier decision and said T.C.S. deserves a new trial.
In OCCA case No. RE-2000-1429, Walker John Myers appealed his conviction for attempting to elude a police officer and resisting an officer. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered that the district court clarify the order. One judge dissented. Myers had originally received a sentence of one year in jail for each of the charges, with some time suspended. After an investigation, the court found he had violated the terms of his probation. The appeal focused on whether there was enough evidence for this decision, and on the clarity of the revocation order. The court found that Myers had previously admitted to violating his probation, which meant that the revocation was supported by evidence. However, it also noted that the order was unclear about how much of his remaining sentence was actually being revoked, leading to the requirement for a clearer explanation from the district court.
In OCCA case No. RE-2000-1034, an individual appealed his conviction for unlawful possession of marijuana in the presence of a minor child. In a published decision, the court decided to uphold the decision to revoke part of the individual’s suspended sentence. One judge dissented. The case began when the individual was given a ten-year suspended sentence after pleading guilty in 1996. However, in 2000, the court found that he had violated the terms of his probation. The judge determined that the individual had committed offenses, including driving with a suspended license, and had also failed to make required payments for fines and costs. The individual argued that the court based its decision on prior allegations that the state had withdrawn. However, the court found that the individual did not provide sufficient legal reasons why those prior allegations couldn’t be used again. It also noted that the individual had not made required payments for his fines, having made less than one payment each year during the probation period. The judge emphasized that the individual had signed agreements for payment plans based on his ability to pay. Because he failed to follow through with these payments and was found to have violated other terms of his probation, the judge concluded there was enough reason to find that the individual had intentionally failed to comply. In the final decision, the court affirmed the revocation of a part of the individual’s sentence. However, it noted that the judge had improperly issued a new sentence instead of just executing the previous one. Therefore, while the revocation stood, the court ordered the lower court to correct this issue by properly recording the revocation without imposing a new judgment.