Judgment Affirmation

F-2017-1285

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In OCCA case No. F-2017-1285, Isaac Avila appealed his conviction for multiple counts of kidnapping, possession of a firearm during the commission of a felony, and resisting an officer. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Isaac Avila was found guilty by a jury for kidnapping his estranged wife and his own children, along with possessing a firearm during these events and resisting an officer. The jury gave him various sentences, including a total of 50 years in prison for the kidnappings and other convictions. Avila argued that his convictions for kidnapping his children were not valid since he believed he had the right to be with them as their parent. He also claimed there wasn’t enough evidence to convict him for these crimes. The court examined the law and the evidence. They found that, while parents do have rights, Avila acted in a way that was not allowed by law when he took his children. The court also decided that the evidence was sufficient to support his convictions, meaning it was strong enough for a reasonable person to believe he was guilty. Avila further argued that the jury should have been told about the defense of consent, which is when someone allows an action to happen, and that his lawyer didn’t do a good job helping him. However, the court ruled that the trial instructions were adequate and that his lawyer's performance did not harm his case. Lastly, Avila thought his sentences were too harsh. The court agreed that, while they were serious, they were reasonable given the facts of the case. Overall, the court upheld Avila's convictions and sentences, deciding that he had received a fair trial and that the evidence against him was strong enough to support the jury's decisions.

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F-2009-614

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In OCCA case No. F-2009-614, John Wesley Revard appealed his conviction for Robbery With A Dangerous Weapon. In an unpublished decision, the court decided to affirm the judgment but modify Appellant's sentence to thirty (30) years of imprisonment. One judge dissented. John Wesley Revard was found guilty by a jury for using a dangerous weapon during a robbery. The jury decided he should spend 40 years in prison, but his appeal led to a change that reduced his sentence to 30 years. Revard claimed several mistakes were made during his trial. He argued that the trial court should have allowed the jury to consider a less serious charge of robbery. The court found that there was not enough evidence to support the lesser charge, so they did not agree with that argument. He also said that the prosecutor acted improperly during the trial and that it made the trial unfair. However, the court looked at everything and concluded that while there may have been some questionable remarks, they did not harm the fairness of his trial. Revard pointed out that the court allowed evidence of other crimes that he was not being tried for, claiming it unfairly affected his case. The court agreed that some of this evidence was not relevant but believed it did not change the outcome of the trial. Additionally, Revard claimed that certain references to probation during the sentencing phase were not proper and prejudiced the jury against him. The court found that these references did affect his rights and decided that this was a significant enough mistake to change his sentence. Lastly, Revard argued that his lawyer did not perform well enough to help him during the trial. The court determined that even with these claims, he did not provide enough evidence to show that he would have won if his lawyer had done a better job. In conclusion, the court confirmed his conviction but reduced his prison term from 40 to 30 years based on the issues presented during the sentencing.

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F-2006-17

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In OCCA case No. F-2006-17, McFarland appealed his conviction for sexual battery and second-degree rape by instrumentation. In an unpublished decision, the court decided to affirm the conviction for sexual battery but modified the sentence for the second-degree rape by instrumentation by vacating the $10,000 fine. One judge dissented. McFarland was found guilty of two serious crimes and was sentenced to a total of eight years in prison and fines. He argued that charging him with both crimes was unfair because they were part of the same event, meaning he faced double punishment. The court examined the evidence and determined that the acts were separate enough that charging him with both was allowed and did not violate his rights. He also claimed that the prosecutor made inappropriate comments during the trial that affected his chances for a fair trial. Some of these comments were found to be improper, but the court decided they did not seriously harm McFarland’s case. Additionally, McFarland argued that the instructions given to the jury about the fines were wrong, which led to the $10,000 fine for the second-degree rape charge being improper. The court agreed with him on this point, finding that jurors were wrongly instructed that they had to impose a fine. In summary, while the court upheld the conviction and the sentence for sexual battery, it modified the sentence for the second-degree rape charge by removing the fine.

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F-2005-440

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In OCCA case No. F-2005-440, Zachary Michael Hudson appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Zachary Hudson was tried by a jury for First Degree Murder, but the jury found him guilty of the lesser offense of First Degree Manslaughter. They recommended a punishment of twenty years in prison and a $10,000 fine. The trial judge followed this recommendation when he sentenced Hudson. After the trial, Hudson raised several points of error in his appeal. He claimed he was not given a fair trial because he thought the court was too involved and was biased toward the State. However, the court found that the judge was simply ensuring that witnesses understood the questions and did not show any partiality. Hudson also argued that there wasn't enough evidence to support the conviction for manslaughter, and he believed the jury instructions were incorrect. The court found evidence that Hudson fought with the person who died, left, returned, and then ran over that person with his car. This evidence led the court to believe that the jury could find Hudson guilty, as they might think he acted out of anger or passion rather than by accident. Hudson’s last point was about not having the jury instructed on the 85% Rule, which explains how much of a sentence must be served before someone can be eligible for parole. The court agreed that the jury needed this information and decided to modify Hudson's sentence from twenty years to fifteen years in prison while keeping the $10,000 fine. In summary, the court affirmed the conviction but modified the sentence because they wanted to ensure that the jury had clear information about parole eligibility, which would help them make informed decisions.

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