Judgment and Sentence

F-2012-212

  • Post author:
  • Post category:F

In OCCA case No. F-2012-212, Bryce Andrew Davis appealed his conviction for Aggravated Assault and Battery. In an unpublished decision, the court decided that the District Court abused its discretion in ordering restitution, and they remanded the case for modification of the restitution order. One member of the court dissented. The case began when Bryce Andrew Davis entered a plea to the crime of Aggravated Assault and Battery against a minor at a Walmart store. The minor suffered serious injuries, including a crushed cheekbone and an orbital wall fracture, needing significant medical treatment. After Davis completed a rehabilitation program, a hearing was held to determine the amount of restitution he would have to pay to cover the victim's expenses. The court ordered Davis to pay a total of $30,528.43 in restitution, which was meant to cover the victim's medical expenses, lost wages of his parents due to caring for him, travel costs for doctor visits, and fees for copying records. However, Davis argued that the restitution amount was too high and that the court had exceeded its authority by not limiting the amount to the actual economic loss suffered by the victim. The law states that restitution is only supposed to cover actual financial detriment suffered by the victim, meaning help for their real costs like medical bills that have to be paid out of pocket. Davis pointed out that the amount awarded to the victim included expenses that were not certain, such as lost wages for the victim's father and future medical costs. After reviewing the evidence and the court's decisions, the appellate court found that the trial court did not calculate the restitution correctly. They realized that the court had used the total medical bills before insurance adjustments, which was not allowed. Instead, they should have calculated the actual amount paid by the family, which was much lower. The court modified the restitution order to reflect three times the actual economic damage for medical costs, reducing that portion of the restitution significantly. They also struck down the father's lost wages because there was not enough proof to support the amount claimed. The future medical costs award was also removed because they were too uncertain and speculative. The decision outlined the need for a clear basis for any loss that a victim claims, stating that the evidence must be strong enough to establish real losses. The court upheld other parts of the restitution order, which were justified. In summary, the court found that while the victim suffered injuries and needed help, the original calculations for restitution went beyond what was allowed by law, leading to significant modifications in the amount that Davis would have to pay. They ordered adjustments to ensure that restitution reflected actual, proven losses.

Continue ReadingF-2012-212

C-2012-287

  • Post author:
  • Post category:C

In OCCA case No. C-2012-287, Jason Harvey Thompson appealed his conviction for Unlawful Possession of Controlled Drug and Unlawful Possession of Drug Paraphernalia. In a published decision, the court decided to grant his petition and remand the case for a hearing. One judge dissented. Thompson had pleaded guilty to two charges and was sentenced to twenty years in prison for the first charge and one year for the second, which would be served at the same time as the first. He later tried to withdraw his guilty plea because he felt he did not receive good help from his lawyer when he was negotiating his plea agreement. He also claimed that the court did not properly check if he understood what he was doing when he accepted the plea and that the facts didn’t support his guilty plea. When Thompson asked to withdraw his plea, the trial court denied his request without holding a hearing on it. Thompson then took his case to the Oklahoma Court of Criminal Appeals, saying that the trial court should have listened to his reasons for wanting to withdraw his plea. The Appeals Court looked at all the information, including the legal rules, and found that the trial court did not follow the required procedures when Thompson wanted to withdraw his plea. According to the rules, the court is required to hold a hearing when someone asks to withdraw a plea, and since this did not happen, the Appeals Court said they needed to send the case back for a hearing. The Appeals Court also addressed an issue with the paperwork related to Thompson's charges, noting that some information in the sentencing document was wrong and needed to be corrected. In conclusion, the Appeals Court granted Thompson's petition, meaning he will get a chance to explain why he wants to withdraw his guilty plea in a new hearing, and they ordered the trial court to fix the sentencing paperwork.

Continue ReadingC-2012-287

F-2011-656

  • Post author:
  • Post category:F

In OCCA case No. F-2011-656, Jason Kenneth Dimaggio, Jr. appealed his conviction for multiple crimes, including robbery and assault. In an unpublished decision, the court decided to reverse one conviction but affirmed all others. One judge dissented. Jason Dimaggio was found guilty of several offenses that occurred during a violent crime spree in two Oklahoma counties. His crimes included robbery with a weapon, assault with a dangerous weapon, and other charges. He received lengthy sentences, with some of them being consecutive, meaning he would serve them one after another. During the appeal, Dimaggio argued that he didn't get a fair trial for several reasons. He claimed that some evidence about other crimes should not have been allowed, and that he was denied the chance to confront witnesses due to hearsay evidence. His main points included: 1. Other-crimes evidence was presented improperly. 2. Hearsay evidence was used against him. 3. The trial court allowed irrelevant photographs of him to be shown to the jurors. 4. There was misconduct by the prosecutor. 5. The jury was incorrectly instructed about his flight after crimes. 6. The combined effect of errors denied him a fair trial. 7. The court should not have ordered his sentences to be served consecutively. 8. He was unfairly punished multiple times for the same conduct. 9. The evidence did not support some of his convictions. The court reviewed all these claims and found that the evidence about earlier crimes was acceptable as part of the overall story of the events. Although there were issues with some evidence, like the photographs, the judges felt the impact on the trial was not significant enough to change the outcome because there was strong evidence against Dimaggio from witnesses. Regarding the prosecutor’s comments during the trial, the court noted that errors weren’t severe enough to matter because they were not objected to at the time. They also agreed that the jury's instruction about flight wasn't appropriate, but again, it didn't affect the strong evidence of guilt. Dimaggio’s claims of double jeopardy (being punished twice for the same crime) regarding his convictions for assault and fleeing from a police officer were not supported. The court ruled that the crimes were separate and had different elements. However, the court did agree that he should not be convicted for possession of a controlled substance because it was part of the robbery and should not have been counted as a separate crime. Thus, that conviction was reversed. In conclusion, except for the reversed conviction, the court upheld Dimaggio's multiple sentences and affirmed the trial court’s decisions in all other respects.

Continue ReadingF-2011-656

C-2012-381

  • Post author:
  • Post category:C

In OCCA case No. C-2012-381, #1 appealed his conviction for #2. In a (published) decision, the court decided #3. #4 dissented. Gary Alan Stine took an Alford plea, which means he didn't admit guilt but accepted the punishment, to several serious crimes including indecent exposure and rape. He was sentenced to many years in prison, with some parts of his sentences running at the same time. Later, Stine tried to withdraw his guilty plea, claiming his sentence was unfair and that the participation of a guardian ad litem, who looks out for the interests of a child in court, negatively impacted his case. He believed this guardian acted too much like a prosecutor, which he thought was wrong. Stine also thought his lawyer did not help him properly during his case. The court looked carefully at everything, including the original records and what was said in court. They found that Stine's claims about both the guardian's role and his lawyer's performance were not valid. They noted that Stine had properly understood the charges against him and his sentence. Because of this, the court decided there wasn't enough reason to change Stine's plea or his sentence. They agreed that some parts of Stine's requests weren't even considered because they were not raised properly earlier. The court also found there was a mistake in the written document of his sentence that needed correcting, but that was just a small clerical issue, not a bigger problem with his case. In the end, the court denied Stine's petition to withdraw his plea and said they would correct the written sentence to match what was said in court.

Continue ReadingC-2012-381

C-2012-52

  • Post author:
  • Post category:C

In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

Continue ReadingC-2012-52

F-2011-366

  • Post author:
  • Post category:F

In OCCA case No. F-2011-366, Tony Ray Gipson appealed his conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm the conviction but vacate the sentence of life imprisonment without the possibility of parole and remand the case for resentencing. One judge dissented. Tony Gipson was found guilty of murdering Victor Berryhill by stabbing him multiple times during an argument at a housing complex. The argument arose after tensions escalated between Gipson's brother and Berryhill. Earlier in the night, Gipson had an altercation with his girlfriend, after which he left. When he returned, he saw his brother involved in an argument with Berryhill, which prompted him to stab Berryhill before kicking him. During the trial, Gipson tried to argue that he was acting in defense of his brother, claiming that he was provoked. He raised several issues on appeal, including a challenge to the state’s jurisdiction based on his Indian heritage and the property being classified as Indian country. The court found that the property did not meet the criteria to be considered Indian country under federal law, concluding that the state had jurisdiction to prosecute Gipson. Gipson also argued that the trial court erred in excluding certain statements made by his co-defendant, but the court determined that these statements were not reliable or relevant. The court found no abuse of discretion regarding jury instructions on self-defense or the admission of evidence regarding a prior domestic dispute involving Gipson, even though this evidence may have harmed his chances during sentencing. Ultimately, the court upheld the conviction but decided that Gipson's harsh sentence was likely influenced by the improper admission of evidence relating to his character, which led to the decision to vacate the sentence and order resentencing.

Continue ReadingF-2011-366

C-2011-875

  • Post author:
  • Post category:C

In OCCA case No. C-2011-875, #Edgar Lee Ussery appealed his conviction for #possession of a controlled dangerous substance with intent to distribute. In an #unpublished decision, the court decided #to deny the petition for a writ of certiorari. #No one dissented. In this case, Edgar Lee Ussery entered a guilty plea to two counts of possession with intent to distribute drugs. He did this after a previous felony conviction. By working with the Drug Court program, he hoped to avoid a long prison sentence. However, if he did not complete the program, he faced up to twenty years in prison for each count. Later, the state asked to terminate Ussery's participation in the Drug Court because of new felony charges he faced. The judge agreed, and Ussery was sentenced to twenty years in prison for each count, served at the same time. Ussery wanted to take back his guilty plea, so he asked the court to let him withdraw it. He argued that the court wrongly kicked him out of Drug Court. He also claimed that he didn’t fully understand what he was pleading to at the time. The court looked at these claims. They found that Ussery knew what he was agreeing to when he made his plea. They also decided that the judge wasn't wrong to remove him from Drug Court based on his new felony charges. However, Ussery pointed out some mistakes in the process. He argued that the judgment didn’t show he got credit for the time he had already served and incorrectly said he had two previous felony convictions instead of one. The court agreed that his sentence needed some correction to reflect he would get credit for time served and recognized that only one felony conviction was used for his case. They sent the case back to fix these issues but left the other parts of Ussery’s sentence the same. In conclusion, the court denied his request to withdraw his plea, but they did agree to fix some details about how his conviction was recorded.

Continue ReadingC-2011-875

F-2011-4

  • Post author:
  • Post category:F

In OCCA case No. F-2011-4, Dara D. Payton appealed her conviction for Driving a Motor Vehicle While Under the Influence of Drugs, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the order of deferment from the District Court. One judge dissented. Payton was found guilty after a bench trial, which is a trial without a jury. The judge decided not to give her a final judgment or sentence right away, instead deferring it for five years. Payton appealed this decision, raising three main points. First, she argued that her arrest should not have happened because it was made outside the officer's jurisdiction, and the officer did not follow the rules for making a citizen's arrest. Second, she claimed that she should not have to pay certain costs and fees because she relies only on disability benefits for her income. Third, she said the written order of deferment did not match what the judge said in court. The court found that Payton's arrest was legal. Even though the officer was outside his normal area, the court believed he was justified in his actions due to fresh pursuit, meaning he was actively following Payton because he saw her breaking the law. The judge stated that the officer followed Payton, observed her erratic driving behavior, and called for more help when Payton could not pass a sobriety test. The arrest was determined to be lawful under the circumstances. Regarding the costs and fees Payton questioned, the court said it could not decide the issue because she had not properly followed the procedures to dispute them. Payton did not request a hearing or show evidence about her financial situation to the court, making it unclear if the costs should be adjusted. For the written deferment order, the court acknowledged that it did not accurately represent what the judge had said. They decided to send the case back to the District Court to fix these errors so that the written order matched what the judge had pronounced in court, specifically that the deferment period would end on December 11, 2015, and that the supervision by the district attorney would only last for the first two years. In summary, while the court agreed with the deferment and found Payton's arrest valid, they also recognized the need to correct the written order to reflect the judge's original statements properly. The judge's conclusions about the case led to an affirmation of the deferment but a remand for the clerical corrections.

Continue ReadingF-2011-4

F-2010-1237

  • Post author:
  • Post category:F

In OCCA case No. F-2010-1237, James Lee Gilford, Jr. appealed his conviction for robbery with a weapon, assault and battery with a dangerous weapon, assault while masked or disguised, and first-degree burglary, each after prior felony convictions. In an unpublished decision, the court decided to reverse his convictions for assault and battery with a dangerous weapon and assault while masked or disguised but affirmed his convictions for robbery with a weapon and first-degree burglary. One judge dissented regarding the reversal of one of the convictions. The case began when Gilford was tried by a jury and convicted on several counts. The jury decided that Gilford should spend life in prison for each count, and the sentences were ordered to be served one after the other. Gilford appealed, raising several issues, including concerns about jury selection, due process, multiple punishments for the same act, and inaccuracies in his judgment and sentence. 1. **Jury Selection**: Gilford argued that the prosecutors unfairly removed minority jurors. The court found that the prosecutor had provided good reasons for these removals, and Gilford did not prove any discrimination occurred in the jury selection process. 2. **Due Process Rights**: Gilford claimed he was denied a fair trial because the state didn't share some important information about a key witness. However, the court determined that this did not affect the outcome of the trial significantly. 3. **Multiple Punishments**: The court analyzed whether Gilford's convictions were for separate crimes or for just one act. Gilford's robbery, where he stabbed the victim and took his things, was connected to assaults he committed during that event. The court decided that the assault and battery charges arose from the same action as the robbery and therefore fell under laws that prevent punishing someone twice for the same act. 4. **Judgment and Sentence Issues**: Since the court reversed the assault charges because they were multiple punishments for a single act, they found that any inaccuracies in the sentencing for those charges didn't matter anymore. The final decision was that Gilford's sentences for robbery with a weapon and first-degree burglary would stay, while the court ordered the other two charges to be dismissed due to legal protections against multiple punishments. There was a dissenting opinion by one judge who felt that the conviction for assault while masked should not have been reversed.

Continue ReadingF-2010-1237

F-2011-563

  • Post author:
  • Post category:F

In OCCA case No. F-2011-563, Ronnie Lee Martin appealed his conviction for Trafficking in Illegal Drugs After Former Conviction of Three Felonies. In an unpublished decision, the court decided to reverse the conviction and remand for further proceedings consistent with the opinion. One judge dissented. Ronnie Lee Martin was found guilty after a bench trial, meaning there was no jury, and received a life sentence without the chance for parole. Martin's case stemmed from a traffic stop where drugs were discovered in his possession. The police officer who stopped the car noticed Martin acting suspiciously and later found a substantial amount of crack cocaine during a search of Martin's belongings. Initially, Martin was charged with possession of cocaine with the intent to distribute, which could have resulted in a sentence of four years to life. However, a plea deal of ten years was offered but not accepted due to Martin's attorney advising against it. Later, after more evidence was presented, Martin was charged with the more serious crime of trafficking, which led to a mandatory life sentence without parole. Martin claimed his attorney failed to provide effective counsel, particularly in advising him about the plea deal. The court found his attorney's performance to be deficient, as he did not read important documents that would have clarified the seriousness of Martin’s situation. Additionally, the attorney failed to prepare properly for both pretrial motions and the trial itself. The court looked at the history of Martin's defense lawyer and noted that this attorney had been previously disciplined for ineffective practices, which raised concerns about Martin's representation throughout the trial. The judge stated that Martin was denied a fair trial, and as a result, the court had no choice but to reverse the conviction and send the case back for a new trial. In summary, the court determined that due to many errors made by Martin's lawyer, he did not receive sufficient legal representation, and therefore, his convictions could not stand. Martin’s journey through the legal system was marked by these failings, which ultimately led to the court's decision to give him another chance to defend himself properly.

Continue ReadingF-2011-563

F-2011-482

  • Post author:
  • Post category:F

In OCCA case No. F-2011-482, Christopher D'Shun Cleveland appealed his conviction for perjury. In an unpublished decision, the court decided to modify his sentence from ten years to seven years imprisonment but otherwise affirmed the conviction. One judge dissented. The case began when Cleveland was found guilty of perjury in the District Court of Oklahoma County and was sentenced to ten years in prison. He raised two main points in his appeal. First, he claimed that two witnesses, who were attorneys, should have been sworn before they testified. He argued this violated both a state law and his constitutional rights. However, the court found that the trial judge’s reminder to the attorneys that they were testifying under oath was adequate, and no major error was shown. In his second point, Cleveland argued that the jury should have been instructed to consider whether the statements he made were important to the case when deciding his sentence. He believed that not allowing this instruction led to a sentence that was too harsh. While the court recognized that the denial of this instruction was an error, it ultimately decided that the error was not severe enough to overturn the conviction. Instead, they modified his sentence length. Overall, Cleveland's punishment was reduced, but his conviction remained in place. The court stated its decision firmly, ensuring that Cleveland's rights were considered, while also balancing the necessary legal standards.

Continue ReadingF-2011-482

F-2011-480

  • Post author:
  • Post category:F

In OCCA case No. F-2011-480, Huyen Ai Thi Tran appealed his conviction for perjury. In a published decision, the court decided to remand the case for correcting the fine but otherwise affirmed the conviction. One judge dissented. Ms. Tran was found guilty of perjury by a jury and was sentenced to ten years in prison, with three years to be served. Ms. Tran raised several issues in her appeal. She claimed that evidence from other crimes unfairly influenced the jury, which made her trial unfair. She argued that the trial court mentioned she was in custody for an unrelated matter and that her co-defendant talked about other crimes during the trial. However, the court found these issues did not have significant impact. She also argued that the prosecutor asked questions that brought up evidence about other crimes without proper warning, but the court decided these errors didn’t affect the outcome. Ms. Tran argued that her right to remain silent was violated when the jury heard that she had refused to answer questions in a previous case. The court noted that the trial judge intervened and instructed the jury to ignore that testimony. Another point Ms. Tran made was about her lawyer's failure to challenge a juror who was a police officer. Ms. Tran’s lawyer did not pursue this challenge, but the court found that it was not a serious issue since the juror was not working in law enforcement at the time of the trial. Ms. Tran then pointed out that the fine noted in the final judgment was different from what the court initially stated during sentencing. The court agreed to correct this mistake. Lastly, Ms. Tran suggested that all these issues combined created a harmful effect on her case. However, the court concluded that any significant errors were not enough to change the trial’s outcome due to strong evidence against her. The final decision required the correction of the fine in the records, but the conviction for perjury was largely upheld.

Continue ReadingF-2011-480

C-2012-714

  • Post author:
  • Post category:C

In OCCA case No. C-2012-714, the petitioner appealed his conviction for larceny of merchandise from a retailer and resisting an officer. In a published decision, the court decided to affirm the conviction for larceny but to reverse and remand the conviction for resisting an officer. One member of the court dissented. The case began when Darrell Odell Golden was charged with stealing merchandise from a department store and for resisting arrest after being approached by law enforcement. Golden stole items valued over $1,000, and when police tried to arrest him, he ran away. Golden pled guilty to both charges but later wanted to withdraw his plea, arguing that he was confused about his possible sentence and that he did not understand the charges properly. The court found that while Golden’s plea for larceny was valid, his plea for resisting an officer lacked evidence of the required force or violence, which is necessary to support that charge. Therefore, the court allowed him to withdraw his guilty plea for that particular count but upheld his conviction for larceny. Ultimately, the decision meant that Golden will keep his larceny conviction and its associated penalties, but the charge of resisting an officer was overturned, allowing for further legal proceedings on that matter.

Continue ReadingC-2012-714

F-2010-1079

  • Post author:
  • Post category:F

In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

Continue ReadingF-2010-1079

F-2010-548

  • Post author:
  • Post category:F

In OCCA case No. F-2010-548, the appellant appealed his conviction for multiple charges including unlawful possession of a firearm and drugs. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial, finding that the trial court failed to properly inform the appellant about the dangers of representing himself. One judge dissented.

Continue ReadingF-2010-548

F 2010-1128

  • Post author:
  • Post category:F

In OCCA case No. F 2010-1128, Chad Allen Turner appealed his conviction for conspiracy to manufacture a controlled dangerous substance (methamphetamine) and conspiracy to traffic a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to reverse the conviction for conspiracy to manufacture and affirm the conviction for conspiracy to traffic. One judge dissented. Chad Allen Turner was found guilty of two crimes involving methamphetamine. He was given two years in prison for one crime and fifteen years for the other, and he was ordered to serve these sentences one after the other. Turner believed his convictions were not fair for several reasons. He argued that there was not enough evidence to prove he was guilty of conspiracy to traffic methamphetamine. He also claimed that the prosecutors did not properly show how they handled the evidence of the drugs. Additionally, he felt the prosecutors did not tell the jury about any deals made with witnesses and made mistakes during their closing arguments that hurt his chance for a fair trial. Turner raised several other points about why he thought he should not have been convicted. He argued that he was punished twice for the same crime and that he didn’t get enough notice about the charges against him. He also believed he should have been given instructions about a lesser charge related to the crime. He felt that the court made mistakes during the trial that made it hard for him to get a fair outcome. After looking at all the facts and arguments presented, the court decided that there wasn’t enough proof to uphold one of the conspiracy charges against Turner. They agreed with his argument that there was only one conspiracy agreement, which made it unfair to convict him of both conspiracy charges. Therefore, the court reversed the conviction linked to that charge. However, the court found that there was enough evidence for the conspiracy to traffic charge, and they affirmed that conviction. In the end, the court told Turner that one of the charges against him was overturned and the other charge stood. The dissenting judge had a different opinion about some parts of the decision. In summary, the court agreed to reverse one of Turner's convictions but kept the other, affecting the total time he would spend in prison.

Continue ReadingF 2010-1128

F-2010-665

  • Post author:
  • Post category:F

In OCCA case No. F-2010-665, Roy C. Williams appealed his conviction for 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 reverse one count of his conviction while affirming the others. One judge dissented. Roy C. Williams was sentenced for his involvement in a drive-by shooting that resulted in the death of one person and injuries to another. Williams was found guilty by a jury in the Tulsa County District Court of two counts related to using a vehicle in the shooting and one count for murder. The judge sentenced him to a total of eighteen years in prison, which included twelve years for the murder charge and three years for each of the other counts, to be served one after the other. Williams raised several arguments as reasons for appealing his conviction. He believed that his confession to the police should not have been used against him because he claimed he did not have his right to remain silent protected. He also thought that the evidence against him was not strong enough to support his convictions. Upon reviewing the case, the court decided that the law enforcement officials acted correctly when they obtained Williams's confession. The court said that he willingly talked to them, so this argument was denied. Regarding the second argument, the court noted that Williams knowingly drove to a place where rival gang members were located with guns in the vehicle. This behavior was enough to show he was part of the act that led to the shooting, so this argument was also denied. The third argument was about a legal principle called the merger doctrine. Williams’s defense argued that his felony murder charge should not stand because it was related to the same act as the charge for using a vehicle to facilitate the shooting. However, the court decided to keep the felony murder conviction, stating that both charges could stand because of the way the law is now interpreted. For his fourth argument concerning double jeopardy, which means a person cannot be tried for the same crime twice, the court agreed. They stated that the charges were based on the same set of facts, so they could not convict him on both counts pertaining to the same act. Because of this, the conviction for the second count of using a vehicle was reversed. The fifth argument was about whether Williams should receive credit for the time he spent in jail before the trial. The court ruled that it was up to the trial judge to decide whether to grant that credit and found no evidence that the judge made a mistake in denying it. This argument was also denied. The sixth argument claimed that his lawyer did not do a good job representing him during the trial. The court found that even if his lawyer made some mistakes, they did not affect the overall outcome of the case. After reviewing all of his arguments, the court decided to reverse the second count concerning the vehicle but kept the murder conviction and the first charge intact. Thus, Williams had mixed results from his appeal, with one conviction dismissed but others upheld. In conclusion, the decision resulted in one count being reversed and the remaining convictions affirmed, meaning Williams would continue to serve his sentence, minus the count that was reversed.

Continue ReadingF-2010-665

F-2010-914

  • Post author:
  • Post category:F

In OCCA case No. F-2010-914, Burdex appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to affirm the judgment but modified Burdex's sentence from life imprisonment to twenty years. One judge dissented. Burdex was found guilty of dealing with a fake check, and the jury decided he should serve life in prison due to his past crimes. His appeal raised several issues, including whether he received a speedy trial, if the evidence against him was strong enough, and if the judge made mistakes during the trial. The court looked at the claim for a speedy trial and used a test from a previous case. They found that he was not denied this right. They also believed there was enough evidence that showed Burdex knew the check was fake since he gave different reasons for having it. Burdex argued that the state shouldn't have used some of his old felonies to lengthen his sentence. However, the court found that the state followed the rules correctly. They said that the past felonies were not too old to be used in deciding his punishment. The court also looked into whether Burdex had good lawyers. They found no evidence that his lawyers did a bad job. Additionally, the judges decided the trial court was correct in not explaining what a life sentence meant. When it came to his sentence, the court felt that life imprisonment was too harsh for a non-violent crime. They noticed that the jury seemed to struggle with the punishment and had questions about how to decide it. Because of this, they decided to change his sentence to twenty years instead of life. In summary, the court agreed with the trial's decision to convict Burdex but felt the punishment should be lighter. One judge did not agree with changing the sentence and believed the jury's decision on punishment should stay as it was.

Continue ReadingF-2010-914

RE-2010-762

  • Post author:
  • Post category:RE

In OCCA case No. RE-2010-762, Mason appealed his conviction for possession of marijuana with intent to distribute. In a published decision, the court decided to affirm the revocation of Mason's suspended sentence but ordered a correction regarding the time served. One judge dissented. Mason had previously entered a guilty plea for a drug-related charge and received a suspended sentence, which meant he didn’t have to go to prison immediately but had to follow certain rules. Over time, he violated those rules several times. The state government, which is responsible for enforcing the law, filed multiple applications to revoke his suspended sentence due to his failures to comply with the terms of probation. He confessed to some of the allegations against him, such as not completing community service and not paying fees. After multiple chances and extensions given by the court to fix his issues, Mason still did not follow the rules. For example, he used drugs again and didn’t seek help as he was supposed to. At a hearing, the court found that Mason did not meet the terms of his probation and decided to revoke his suspended sentence completely. Mason argued that the court shouldn’t have been able to take away the whole suspended sentence because he had already served some time. The court agreed that Mason needed to be credited for time served but found it was appropriate to revoke the rest of the suspended sentence given that he didn’t comply when given chances. The final decision was to affirm the judgment that Mason had violated probation, but with instructions to the lower court to ensure they correctly noted how much time was left on his sentence. In conclusion, while Mason's appeal did not succeed in changing the outcome of the revocation, he was recognized for the days he had already spent in custody.

Continue ReadingRE-2010-762

F-2010-495

  • Post author:
  • 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.

Continue ReadingF-2010-495

F-2010-644

  • Post author:
  • Post category:F

In OCCA case No. F-2010-644, Jones appealed his conviction for kidnapping, possession of cocaine, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but vacate the fine related to the drug paraphernalia charge. One judge dissented. Jones was found guilty after a jury trial in which he faced several charges, including kidnapping and drug offenses. The jury sentenced him to thirty years for the kidnapping and twenty years for the cocaine possession, with the drug paraphernalia charge resulting in one year and a $1,000 fine. In his appeal, Jones raised multiple issues, including whether the jury was properly instructed, if his trial was fair, and if his lawyer was effective. He specifically challenged how the trial was conducted regarding the instructions given to the jury and the evidence allowed by the court. The court found that the jury had been adequately instructed and that any mistakes made in the instructions did not affect the final outcome of the trial. While it agreed that the jury was improperly instructed about determining punishment in a bifurcated trial for the misdemeanor charge, it noted that all of his sentences ran concurrently, which reduced the impact of that error. Jones also argued that introducing evidence of his other crimes was unfair, but the court decided that this evidence was relevant and crucial for the jury to understand the context of the case. As for his claim of ineffective assistance of counsel, the court ruled that Jones failed to demonstrate how his lawyer's performance was deficient or how it affected the outcome of his trial. The court concluded that the evidence was sufficient for the charges against him and found that his sentences were appropriate, rejecting his claim that they were excessive. Finally, when considering if the combined errors denied him a fair trial, the court decided that the errors did not undermine his conviction, except for vacating the fine of $1,000 for the drug paraphernalia charge. Overall, the court affirmed the convictions for kidnapping and possession of cocaine but made one adjustment regarding the fine for the drug paraphernalia charge due to a procedural issue.

Continue ReadingF-2010-644

F-2011-70

  • Post author:
  • Post category:F

In OCCA case No. F-2011-70, Christopher Stinson, Sr. appealed his conviction for First Degree Felony Murder, First Degree Arson, and Manufacturing Controlled Dangerous Substance. In a published decision, the court decided to affirm the judgment and sentence on the Felony Murder charge and reverse the Manufacturing charge, stating it should be dismissed due to double jeopardy concerns. One judge dissented.

Continue ReadingF-2011-70

F-2010-203

  • Post author:
  • Post category:F

In OCCA case No. F-2010-203, Travis Lee Danley appealed his conviction for First Degree Murder and other charges. In a published decision, the court decided to modify his conviction for Larceny from a House to Petit Larceny but affirmed the other convictions. One judge dissented. Danley was found guilty of two counts of First Degree Murder, Second Degree Arson, Larceny from a House, and Larceny of an Automobile, and sentenced to life in prison without parole on the murder counts, among other sentences. The events occurred on August 31, 2008, when Danley shot two victims in a home after an argument, attempted to cover up the crime, and fled the scene with stolen items. During his trial, Danley raised several issues on appeal, including that the district court should have declared a mistrial after the jury heard testimony about his probation, whether there was enough evidence for the larceny conviction, prosecutorial misconduct, claims of ineffective assistance of counsel, and cumulative error from the trial. The court found that the mention of Danley being on probation did not prejudice the trial significantly and upheld the district court's ruling. However, it agreed with Danley that the evidence did not support a conviction for Larceny from a House, as he was a guest in the home and did not unlawfully enter. Therefore, his charge was modified to Petit Larceny due to insufficient evidence regarding the value of the stolen items. Claims of prosecutorial misconduct were also considered, with the court noting that the prosecutor's questions and comments did not render the trial unfair. Danley’s argument regarding ineffective assistance of counsel was rejected, as the jury instructions were deemed adequate at the time of the trial. Lastly, the court ruled that even if there were errors during the trial, they did not cumulatively harm Danley's right to a fair trial. In summary, the court affirmed most of the trial's decisions but modified one conviction due to insufficient evidence, affirming the principle that defendants deserve fair treatment under the law.

Continue ReadingF-2010-203

F-2010-547

  • Post author:
  • Post category:F

In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.

Continue ReadingF-2010-547

RE-2011-277

  • Post author:
  • Post category:RE

In OCCA case No. RE-2011-277, Johnson appealed his conviction for Feloniously Carrying a Firearm. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated an additional Victim Compensation Assessment. Johnson dissented. The case began when Johnson entered a guilty plea on August 3, 2005, and was sentenced to ten years in prison, with six months of that sentence being served in jail and the rest suspended, meaning he wouldn't have to serve it unless he broke the law again. He was also fined and had to pay a fee for victim compensation to help those who had been hurt by crimes. Later, in November 2005, the State, which is like the government in this case, claimed Johnson broke his probation by getting into trouble again, which included resisting arrest and having drugs. Because of this, on March 10, 2006, the court decided to make him serve eighteen months of his suspended sentence. Johnson continued to have problems. He was charged with more crimes in 2008, including stealing from a house and having drugs. He went through a special program to help people with drug problems and successfully finished it. In June 2010, the court dismissed some applications to revoke his probation because of progress he made. However, on March 1, 2011, the State filed another application saying Johnson broke the rules again, claiming he tried to escape from the police, attacked a police officer, and had more drugs. A hearing was held on March 14, 2011, where the judge decided to revoke ninety months of Johnson's suspended sentence. Johnson argued in his appeal that the judge was wrong to make him pay another victim compensation fee during the revocation hearing. He believed this fee could only be applied when someone was first convicted, and since the revocation wasn't a new conviction, he shouldn’t have to pay it again. The State said it didn’t matter since the record only showed the original fee, but Johnson insisted the extra fee should be removed. The court agreed with Johnson, explaining that a victim compensation fee should only be applied at the time of the original sentencing, not at a revocation hearing. Therefore, the court decided to remove the $200 fee that was added during the revocation. In his final point, Johnson asked the court to lessen the time he had to serve because he had made improvements while on probation. However, the court found that the judge in charge did not abuse his discretion in deciding how long to revoke Johnson's suspended sentence. Overall, the court confirmed the revocation of Johnson’s sentence but dismissed the new Victim Compensation fee.

Continue ReadingRE-2011-277