Judgment Affirmed

F-2002-108

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In OCCA case No. F-2002-108, Ricky Dion Bruner appealed his conviction for multiple crimes. In an unpublished decision, the court decided to reverse two of his kidnapping convictions but affirmed the rest of his sentences. One judge dissented. Ricky Dion Bruner was found guilty of serious crimes, including robbery, assault with a deadly weapon, kidnapping, and rape. A jury decided his punishment, giving him life in prison for several charges and various other sentences for the remaining counts. However, when Bruner appealed, he argued that some of these convictions shouldn't have happened because they violated rules against being tried for the same crime twice and that the evidence didn’t support some of the charges. The court examined these arguments. They agreed that Bruner shouldn’t have been convicted of both kidnapping and robbery in two cases because they happened during the same event and were too closely related. Therefore, they reversed those two kidnapping charges. However, they found enough evidence to support his other convictions, deciding that the jury could have reasonably reached those conclusions. Regarding his sentences, though they were harsh, the court determined they were not so extreme as to be unfair or against the law. So, they upheld most of his sentences but made sure that the two kidnapping convictions were dismissed and sent the matter back to the lower court for further actions.

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M-2002-263

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In OCCA case No. M-2002-263, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the appellant, who we will call #1, had several legal issues. He was found guilty of different crimes related to driving, like drinking and driving and having an open container of alcohol in his car. Because of these convictions, he received various punishments, including jail time and fines. #1 claimed that he should not have been punished multiple times for what he did, saying it violated his rights. He also believed that the punishment he received was too harsh and did not follow the law. The court looked at everything and decided that #1's convictions were valid and should stay. However, they also believed that the sentences should be changed. Instead of the original punishments, they modified them to be a total of 60 days, and all fines and costs were put on hold. This was a fair decision considering the circumstances, and it meant that #1 would not have to serve as much time as originally decided. The decision seemed mostly agreed upon by the judges, but one judge thought differently and did not agree with the majority's opinion.

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F-2002-708

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In OCCA case No. F-2002-708, Gary Don Caudill appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to modify his sentence. The original jury had recommended an 18-year sentence, but the district court imposed a 35-year sentence and a $2000 fine instead. Caudill argued that this was not fair because the court should not have given him a longer sentence than what the jury recommended. The court agreed with this claim, stating that the state had made a mistake because of a prior legal opinion that was later changed. As a result, Caudill's sentence was modified back to 18 years in prison with the same fine. The decision of the district court was affirmed, but his sentence was changed. One judge dissented.

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F-2002-484

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In OCCA case No. F-2002-484, Kevin Eddy Bumgarner appealed his conviction for First-Degree Arson and Attempting to Elude a Police Officer. In a published decision, the court decided Bumgarner’s sentence was excessive and modified it from 275 years to 45 years imprisonment. One judge dissented, stating that the original sentence reflected the jury's view of Bumgarner's actions.

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F-2001-1372

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In OCCA case No. F-2001-1372, #Welch appealed his conviction for #First Degree Burglary and Peeping Tom. In an (unpublished) decision, the court decided #to affirm the conviction but vacate the fine imposed. #No one dissented. Tony Wayne Welch was found guilty of breaking and entering a building and also for being a Peeping Tom. The court sentenced him to thirty years in prison for burglary and one year in jail for the Peeping Tom charge, which would be served at the same time. Welch challenged several things about his trial. First, he said the jury should have been told they could consider a lesser charge of breaking and entering, but the court said that was not appropriate. Then, he argued that the prosecution misled the jury, but the court disagreed, stating that the prosecution's remarks did not unfairly influence the jury. Welch also claimed his lawyer did not represent him well, but the court found no evidence that this hurt his case. The court did determine, however, that there was a mistake in how the punishment for Peeping Tom was explained to the jury, which was considered a serious error. Since Welch had already served his jail time since the trial, there wasn’t much that could be done about it. The court decided to take away the $500 fine from the Peeping Tom charge. Lastly, the court found that it was not required to inform the jury about how much time Welch would have to serve before he could be released on parole. They decided that his overall sentence was fair, and nothing about the trial significantly harmed his chances for a fair outcome. In the end, the court upheld the verdict of the jury but removed the fine, stating that despite some issues during the trial, they did not impact the fairness of his conviction.

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F-2002-9

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In OCCA case No. F-2002-9, Amy Michelle Green appealed her conviction for Possession of a Controlled Dangerous Substance and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm the judgment and modify the sentence. One judge dissented regarding the modification of the sentence. Amy was found guilty after a trial where the jury decided that she was guilty of having illegal drugs and drug-related items. The jury decided her punishment should be ten years in prison for the drugs and one year for the drug paraphernalia. The judge in the trial court ordered that she serve these sentences one after the other, making it a total of eleven years. Amy argued that there were mistakes made during her trial that made her punishment too severe. One big issue was that a day planner with a graphic photo of her was accepted as evidence, even though it was meant to prove she controlled the hotel room where it was found. She argued that the planner was unfair and should not have been used against her since other personal items also proved her control over the room. The court agreed that the day planner shouldn't have been used to influence the jury because it could lead to unfair judgment against her. They believed that the mistakes in her trial did affect the outcome, leading to an excessive sentence. Therefore, they changed her sentence to six years for the controlled substance charge to be served at the same time as her one-year sentence for the paraphernalia. Overall, the court kept her conviction but lessened the time she had to serve in prison.

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F-2001-1230

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In OCCA case No. F-2001-1230, a person appealed his conviction for attempted second-degree burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentence from thirty years to twenty years. One judge dissented. The person, who was found guilty of trying to break into a garage, admitted to the police that he was looking for tools to fix his car. However, the court determined that this was not a good enough reason to justify his actions in attempting to commit burglary, so the evidence supported his conviction. The appellant raised several issues in his appeal. He argued that there wasn't enough evidence to support the conviction, and claimed that two of his previous convictions, which were used to enhance his sentence, came from the same incident. He also argued that the introduction of some unfair evidence during the trial and the instruction given to the jury resulted in a higher sentence than warranted. Another point of contention was that a new law reducing penalties for certain non-violent offenders should apply to him. However, the court found that this new law could not be applied to his case because it was not stated that it should apply to past cases. Finally, he claimed that the cumulative errors in his trial affected the fairness of the verdict, but the court found that the only issue that warranted a change was the irrelevant evidence that influenced the length of his sentence. In summary, the court agreed that some aspects of the trial weren't fair, leading to a modified sentence of twenty years instead of thirty, but it upheld the conviction itself.

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F-2001-637

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In OCCA case No. F-2001-637, James Ricky Ezell, III appealed his conviction for First Degree Robbery, False Impersonation, and Eluding a Police Officer. In an unpublished decision, the court decided to affirm Ezell's judgment but ordered the case to be sent back for resentencing. One judge dissented. Ezell was found guilty by a jury of robbing a convenience store and other crimes. The jury gave him long sentences for each crime, which the trial court ordered to be served one after the other. Ezell argued that his right to a fair trial was hurt because an African-American was removed from the jury, that the judge’s policy of always giving consecutive sentences was wrong, and that his sentences were too harsh. The court decided that the prosecutor had a good reason for removing the juror, so there was no unfair trial. However, it agreed that the judge's strict policy against considering running sentences together was a mistake. The court found that while sentences usually should run consecutively, judges must look at all options, including the chance to run sentences together, especially if a defendant has prior convictions. In conclusion, while Ezell's conviction was upheld, the court said the sentencing decision was not fully considered and sent the case back for the judge to look at this again. One judge disagreed with the decision to send the case back for resentencing, believing that the original sentences were justified given the nature of Ezell's crimes.

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C-2001-1216

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In OCCA case No. C-2001-1216, Jessica Melissa Woods appealed her conviction for Injury to a Minor Child. In an unpublished decision, the court decided to affirm the district court's denial of her application to withdraw her guilty plea. One judge dissented. Jessica entered a blind plea of guilty, which means she admitted her guilt without a deal or agreement. The trial judge sentenced her to twenty years in prison but suspended ten years of that sentence, which allowed her to not serve that time unless she got in trouble again. Jessica later wanted to take back her guilty plea because she felt her mental condition affected her decision. She asked the court to let her do this, but the court said no. They looked at her case and decided that she had entered the plea knowingly and willingly, meaning she understood what she was doing when she agreed to plead guilty. Jessica also wanted help with paying certain fees, including for restitution (money paid to victims), a Victim's Compensation Assessment, and a fee for preparing transcripts (written records of court proceedings). The court found that she did not have enough evidence to change the orders about the payments for restitution and the Victim's Compensation Assessment, so that part was not changed. However, they agreed to modify the fee for the transcript since the court had said she was too poor to pay for it herself. In the end, the court decided that Jessica would still have to deal with the twenty years of sentencing, but it would change the transcript preparation fee to a lower amount. They confirmed the earlier court's decision and denied her request to change her plea.

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F-2001-655

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In OCCA case No. F-2001-655, Robert Leroy Martin appealed his conviction for First Degree Rape, Robbery with a Dangerous Weapon, and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentences to run concurrently instead of consecutively. One judge dissented. Robert Leroy Martin was found guilty of serious crimes by a jury. The judge gave him life imprisonment for rape, fifty years for robbery, and twenty years for burglary, and said he had to serve these sentences one after the other. Martin then appealed this decision. During the appeal, the court looked closely at the case and the arguments made. They considered several points raised by Martin. The first point was about the instructions the jury received during the trial about burglary. The court found this was not a mistake that affected the trial unfairly because Martin’s explanation was different from that of another case. The second point Martin made was about the jurors not getting complete information on the punishments they could choose for each crime. However, the court said Martin did not object during the trial, so he couldn’t claim this as an error now. The third and final point discussed was whether the sentences were too harsh. The court agreed that the long sentences felt excessive for the circumstances of the case. In the end, the court said Martin would still be found guilty but changed the way the sentences would be served from one after the other to at the same time. One judge disagreed with changing the sentences, believing the original decision by the trial judge should stand.

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F-2001-313

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In OCCA case No. F-01-313, *Steven Wayne Robertson* appealed his conviction for *Attempted Burglary in the First Degree* and *Assault with a Dangerous Weapon*. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to run concurrently. One judge dissented. Robertson was found guilty by a jury for two crimes. He was accused of trying to break into a house (attempted burglary) and attacking someone with a weapon (assault). The jury decided to give him a ten-year prison sentence for each crime, which would usually mean he would spend twenty years in prison, but the court later decided he would serve both sentences at the same time, totaling ten years. Robertson claimed that it was unfair to punish him twice for what he said was one event. However, the court concluded that the two charges were based on different actions and that he could be punished for both. They looked at the evidence, like a witness who saw him with an axe, showing he was dangerous. He also said he should have had the chance to argue that he only caused damage to property instead of trying to break in, but the court found that this was not needed based on the facts of the case. Finally, Robertson thought he did not get a fair trial because of some things the prosecutor said during the trial. The court agreed that there were improper comments but still decided to keep the guilty verdicts and just change the sentences so that he would serve ten years instead of twenty.

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F-2000-1634

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In OCCA case No. F-2000-1634, Edgar Lee Rucker, Jr. appealed his conviction for Unlawful Delivery of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm the conviction but modify the fine imposed. One judge dissented. Rucker was found guilty by a jury for selling methamphetamine and was sentenced to twelve years in prison along with a $10,000 fine. He was acquitted of another charge related to marijuana possession. Rucker argued several points in his appeal, claiming violations of his rights during the trial. The first point raised was that it was wrong for both the drug offense and habitual offender statutes to be used in his sentencing. The court acknowledged this as an error but stated that it only affected the fine; they reduced the fine to $2,500 since it was incorrectly calculated originally. Rucker also argued that the evidence was insufficient to prove he was a habitual offender. However, the court found that the State provided enough evidence regarding his past convictions. He claimed that evidence about his previous bad behavior should not have been allowed in the trial, but the court determined it was relevant for understanding the case. Rucker believed that there was a mismatch between the charges and the evidence, but the court concluded the evidence was consistent with the allegations. Another argument was that his lawyer didn’t do a good job representing him. They noted that while the lawyer should have objected more, it didn’t significantly impact the outcome of the trial. Rucker contended that the prosecutor acted unfairly during the trial, but the court found that any mistakes made were corrected and did not deny him a fair trial. Finally, Rucker argued that all the errors combined made the trial unfair, but the court decided that the only significant error was the fine and adjusted it accordingly. In summary, the court upheld Rucker’s prison sentence but modified the fine.

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F-2001-10

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In OCCA case No. F-2001-10, Todd O'Shay Coburn appealed his conviction for Shooting With Intent to Kill and Assault with a Dangerous Weapon. In a published decision, the court decided to affirm the judgment of the trial court but modified the sentences to thirty-five years on each count to be served consecutively. One judge dissented.

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F-2000-771

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In OCCA case No. F-2000-771, Jeffrey Allen Brown appealed his conviction for Attempted Escape from the Department of Corrections. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. The case began when Brown was tried in the District Court of Comanche County and found guilty of Attempted Escape, which is against the law. His punishment was a twenty-year prison sentence, the minimum allowed. Brown did not agree with his conviction and appealed it. Brown had three main reasons for his appeal. First, he believed that he did not get a fair trial because a witness for the state shared something that Brown had not been told about before his trial. This made him feel like he was surprised or ambushed during the trial. Second, Brown thought that the evidence presented against him was not strong enough to prove he tried to escape. Third, he argued that the judge was unfair by giving him a longer sentence because he chose to have a jury trial instead of accepting a plea deal. After looking closely at the evidence and listening to all arguments, the court found that although the state did not share everything with Brown's lawyer in time, it did not change the outcome of the trial. The judges said that even with the surprise testimony, there was enough evidence to show that Brown attempted to escape. Regarding the sentencing, the judges agreed that the trial judge had made a mistake by giving Brown a harsher sentence just because he decided to have a jury trial. However, since Brown had a serious criminal history with six previous felony convictions, the judges felt the mistake did not require a new sentencing. In conclusion, the judges decided that Brown's conviction and sentence would remain as they were.

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F-2000-939

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In OCCA case No. F-2000-939, Tony Guinn appealed his conviction for Workers' Compensation Fraud. In a published decision, the court decided to affirm the conviction but modified the sentences to run concurrently instead of consecutively. One judge dissented, arguing that one of the counts should be reversed due to a violation of double jeopardy, stating that there was only one claim for benefits which led to two misrepresentations.

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F-2000-692

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In OCCA case No. F-2000-692, Donald Gean Miller appealed his conviction for escape from the county jail and injury to a public building. In an unpublished decision, the court decided to affirm the conviction for escape but modified the sentence for injury to a public building to run concurrently with the escape sentence. One judge dissented, suggesting that the sentence for the escape conviction be reduced from 200 years to 45 years and believed that the injury to a public building conviction violated legal statutes.

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C-2000-750

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In OCCA case No. C-2000-750, Nikisha Lynn Farris appealed her conviction for robbery in the first degree and concealing stolen property. In a published decision, the court decided to modify her sentence. One judge dissented. Farris pleaded guilty to robbery and concealing stolen property. She did not have a deal with the District Attorney about her sentence. The judge sentenced her to 100 years for robbery and 5 years for concealing stolen property, and both sentences would be served at the same time. After her sentence, Farris wanted to take back her guilty plea. However, the trial court said no when she asked to withdraw her plea. Farris then appealed the trial court's decision, and the court looked at everything in the case including records and Farris's arguments. The court found that Farris's plea was knowing and voluntary, meaning she understood what she was doing when she pleaded guilty. The court also determined that her lawyer did not make mistakes that harmed her case. However, the court thought the 100-year sentence for robbery was too harsh. They decided to change her sentence to 30 years instead. So while Farris would still have to spend time in prison, it would be less time than what she was originally given. The court agreed to modify the sentence while keeping the other parts of the original decision.

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