Judgment and Sentence Archives - Page 17 of 28

F-2008-832

Post author:Staff
Post published:December 10, 2009
Post category:F

In OCCA case No. F-2008-832, George Robert Brewington appealed his conviction for possession of a controlled dangerous substance and other related charges. In a published decision, the court decided to affirm the convictions on some counts but reversed one count due to insufficient evidence. One judge dissented. Brewington was found guilty of possessing drugs near a public park and in the presence of a minor. The evidence showed that he had knowledge of the drugs and had control over them, which was enough for the court to uphold this part of the conviction. However, for another count related to the possession of drugs without a tax stamp, the evidence was not enough. Brewington only had a small amount of drugs, which didn’t meet the legal requirement needed for that charge. He also claimed that his lawyer didn’t do a good job by not trying to have certain evidence thrown out. The court determined that his lawyer was not ineffective because the evidence was gathered from a consented search. Therefore, there was no need to suppress the evidence as the search was legal. Overall, the court confirmed that Brewington's conviction for possession of a controlled dangerous substance was valid, but they reversed the conviction for having the drugs without a tax stamp and will correct the records to reflect the accurate law he was convicted under.

F-2008-1043

Post author:Staff
Post published:December 4, 2009
Post category:F

In OCCA case No. F-2008-1043, William D. Hibdon appealed his conviction for endeavoring to manufacture methamphetamine, possession of a firearm after a felony conviction, and possession of drug paraphernalia. In a published decision, the court decided to reverse and remand his convictions. One judge dissented. Hibdon was found guilty by a jury and was sentenced to a total of 31 years in prison. The convictions were based on evidence found after police officers searched his home without a search warrant. The police had gone to Hibdon’s house after receiving a tip that he was making methamphetamine. When they arrived, they smelled ether, a chemical often used in meth production. After arresting Hibdon, one officer entered the house without a warrant and found more evidence. Hibdon argued that this search violated his rights under the Fourth Amendment, which protects people from unreasonable searches and seizures. He filed a motion to suppress the evidence, but this was denied by the trial court. The appeals court found that the officers had enough time to get a search warrant but did not do so. They decided that there was no immediate danger to the public that would justify the warrantless search. Since the officers did not meet the requirements for an emergency situation, the court believed Hibdon’s rights were violated. Therefore, the evidence obtained during the search could not be used against him. The court reversed Hibdon's convictions and sent the case back for further proceedings. One judge disagreed with the majority's decision, believing that the police acted correctly in their search based on the circumstances they faced at the time. This dissenting opinion asserted that the smell of ether justified a limited check of the house for safety reasons. Overall, the majority decision emphasized the importance of obtaining a proper search warrant to protect individuals' rights, while the dissent highlighted the potential dangers law enforcement officers may face in similar situations.

F-2009-15

Post author:Staff
Post published:November 20, 2009
Post category:F

In OCCA case No. F-2009-15, Alfred Burke, Jr. appealed his conviction for Kidnapping and Forcible Oral Sodomy. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Burke was found guilty in Oklahoma County and received a very long sentence of 273 years for each crime, to be served one after the other. This was due to previous convictions he had. Burke disagreed with his punishment and claimed there were several mistakes made during his trial. He argued that a law he was judged under was unfair and went against his rights. He also said that evidence from a previous case should not have been shown in court. He thought his sentence was too harsh and believed that evidence from other crimes made the trial unfair. Finally, he believed that all the errors combined made it impossible for him to have a fair trial. The court looked closely at all of Burke's arguments. They found that the law he challenged was not unconstitutional. Most of the evidence against him was strong, especially the testimony from the person he victimized and DNA proof of his actions. However, the court agreed that showing evidence of his past crime likely impacted the jury's choice on punishment more than it should have. As a result, they changed his punishment to life imprisonment for both crimes, but now those sentences would be served at the same time instead of one after the other. The judges concluded that while there were some mistakes, they did not think these mistakes were enough to change his convictions. One judge did not agree with changing the sentences at all, believing the previous evidence was important for the case.

F 2009-70

Post author:Staff
Post published:November 3, 2009
Post category:F

In OCCA case No. F 2009-70, Phillip Ray Herndon appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the conviction and the sentence of twenty years imprisonment. One member of the court dissented. Phillip Ray Herndon was found guilty in the Ottawa County District Court. The jury decided on a sentence of twenty years for his crime, which was based on his history of previous felonies. After his conviction, he claimed that the trial had some issues. Herndon pointed out a few problems he believed affected his trial. First, he argued that the judge should have allowed the jury to consider a lesser crime: simple Assault and Battery instead of Assault and Battery with a Dangerous Weapon. He thought this was unfair and took away his rights to a fair trial. Second, he argued that the evidence against him wasn't strong enough to prove he had used a dangerous weapon. He said there was no clear proof that the object he used was actually a dangerous weapon or that it could hurt someone badly. Lastly, he mentioned that the official court documents didn’t show an order that his new sentence would run at the same time as a sentence from another case. He wanted this to be fixed, calling for a correction to the official records. The court reviewed all the facts and evidence presented in the trial and decided that the judge did not make a mistake when refusing the request for the lesser offense. They agreed that there was enough evidence for the jury to convict Herndon of the more serious charge. They also acknowledged that the judge had ordered his sentence to run concurrently with another but agreed that the paperwork needed to be corrected. In the end, the court upheld the sentence of twenty years but sent the case back to fix the clerical error about the sentence running concurrently with Herndon’s other case.

F-2008-1016

Post author:Staff
Post published:October 22, 2009
Post category:F

In OCCA case No. F-2008-1016, Robert C. Ferrell appealed his conviction for trafficking in controlled substances (MDMA, or Ecstasy) and possession of an offensive weapon in the commission of a felony. In an unpublished decision, the court decided to affirm the convictions, but remand for correction of the Judgment and Sentence. One judge dissented. Robert C. Ferrell was found guilty by a jury in McIntosh County. The jury decided that he was guilty of two serious crimes: having a large amount of drugs and having firearms in a way that was illegal. The judge then sentenced him to serve twenty years in prison for the drug crime and thirty-five years for the weapon charge. These sentences would be served one after the other, making a total of fifty-five years in prison. Ferrell raised several points in his appeal. He argued that the evidence against him was not strong enough to support his convictions. He also thought that his lawyer did not help him enough during the trial. He believed his punishment was too harsh. Additionally, he stated that the court made errors when it added costs related to charges he wasn't even tried for, and that the prosecutor did not act fairly. After looking carefully at everything, the court agreed that the evidence showed that Ferrell had shared control over the drugs and firearms discovered during a police chase. The police had seen guns and heard conversations that suggested he was involved in wrongdoing. The court determined that this evidence was enough for a reasonable person to find him guilty. The appeal also discussed whether Ferrell's lawyer had failed him by not challenging a witness's statements or trying to block certain pieces of evidence. However, the court felt that the lawyer's actions did not affect the outcome of the case. Ferrell asked the court to change his punishment, but they decided the sentences were reasonable given his past actions. As for the other points he made about the fines and counts that were wrong, the court agreed that some costs should be removed because he was not convicted of all those charges. They also acknowledged a mistake in the legal reference for the drug charge. In the end, the court upheld Ferrell's convictions, but they sent the case back to make corrections to the official records. They found that there were no major errors that would change the outcome of the trial, so the convictions remained intact.

F-2008-1014

Post author:Staff
Post published:October 22, 2009
Post category:F

In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

F-2008-531

Post author:Staff
Post published:October 22, 2009
Post category:F

In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

C-2008-938

Post author:Staff
Post published:September 30, 2009
Post category:C

In OCCA case No. C-2008-938, William Eugene Henderson appealed his conviction for multiple crimes including robbery, shooting with intent to kill, kidnapping, larceny of an automobile, third-degree arson, and assault and battery with a dangerous weapon. In a published decision, the court decided that Henderson's pleas of guilty were knowing and voluntary, affirming the sentences for most of the counts. However, the court found that the kidnapping charge was not separate from the robbery and reversed that conviction, ordering it to be dismissed. One judge dissented on the issue of the kidnapping conviction.

RE 2008-0961

Post author:Staff
Post published:August 27, 2009
Post category:RE

In OCCA case No. RE 2008-0961, Adrian Smith appealed his conviction for robbery and burglary. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but also ordered that the judgment be corrected to show that he had nine years remaining instead of ten years. One judge dissented. Adrian Smith had pleaded guilty to several crimes, including robbery with a weapon. He got a sentence of ten years for each crime, but all of them were set to run at the same time, which means he would only serve the longest sentence. If he completed a substance abuse program, he would not have to serve the sentences after the first year. After being released, the state asked to take back his suspended sentence because they believed he had not followed the rules. After a court hearing, the judge decided to revoke the suspended sentences completely. Smith then appealed, saying the judge made mistakes. First, Smith claimed the judge was wrong to revoke his sentence for ten years. However, the state agreed that it should state nine years instead. Second, Smith argued that he did not get a fair process because the judge did not write down why his sentence was revoked. The court found that he was given enough information about why this decision was made, so he was not denied due process. Lastly, Smith argued that revoking his full sentences was too much. The court concluded that the judge had the right to make this decision and found no abuse of discretion. In the end, the appeal confirmed that the sentences would stay revoked but corrected the record to show the appropriate time remaining.

F-2008-667

Post author:Staff
Post published:August 27, 2009
Post category:F

In OCCA case No. F-2008-667, Daniel Timothy Hogan appealed his conviction for First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy. In an unpublished decision, the court decided to affirm the judgment and sentence for some counts but reversed and remanded other counts based on the statute of limitations. One judge dissented. The case involved Hogan, who lived with his wife and her three daughters, all of whom had learning disabilities. Testimonies revealed that Hogan had sexually abused the girls multiple times over several years, starting when they were very young. The incidents included inappropriate touching and forced sexual acts. Hogan claimed that some charges should be dismissed because the statute of limitations had expired. The court agreed with him regarding several counts, concluding that the state did not press charges in time based on when the victims knew about the incidents and their nature as crimes. Hogan also argued that the trial judge unfairly imposed consecutive sentences rather than allowing them to run concurrently, as he claimed there was a courthouse policy against such decisions. However, the court found that the judge considered the facts of the case in deciding how to sentence Hogan. Ultimately, while some convictions against Hogan were reversed because of the statute of limitations, his life sentence and the convictions that were upheld reflected the seriousness of the abuse he inflicted on the young victims, leaving a lasting impact on their lives.

F-2008-579

Post author:Staff
Post published:August 19, 2009
Post category:F

In OCCA case No. F-2008-579, Thomas Clinton Ledgerwood appealed his conviction for Maiming, Domestic Abuse Involving Great Bodily Injury, and Kidnapping. In an unpublished decision, the court decided to reverse Ledgerwood's conviction for Kidnapping and affirm the other convictions. One judge dissented.

F-2008-438

Post author:Staff
Post published:June 26, 2009
Post category:F

In OCCA case No. F-2008-438, Marcus Laquine Petty appealed his conviction for Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court, but found that a hearing was needed regarding the amount of the Victim's Compensation Assessment. Two members of the court dissented regarding the second count of the conviction.

F-2008-538

Post author:Staff
Post published:June 17, 2009
Post category:F

In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

F-2008-432

Post author:Staff
Post published:June 17, 2009
Post category:F

In OCCA case No. F-2008-432, Anthony Wayne McCosar appealed his conviction for Assault and Battery with a Dangerous Weapon, Threatening an Act of Violence, Public Intoxication, and Assault with a Dangerous Weapon. In an unpublished decision, the court decided to vacate certain fines but affirmed the other parts of the judgment and sentence. One judge dissented.

F-2008-60

Post author:Staff
Post published:May 21, 2009
Post category:F

In OCCA case No. F-2008-60, Valenta E. Thompson appealed his conviction for multiple serious crimes including first-degree rape, sodomy, kidnapping, and witness intimidation. In an unpublished decision, the court decided to uphold some of the convictions while reversing others. One judge dissented. Valenta E. Thompson faced serious charges in the District Court of Muskogee County. He was found guilty by a jury of crimes that included rape and sodomy, among others. The jury recommended significant sentences, leading to Thompson receiving life imprisonment for some charges and lesser sentences for others. In his appeal, Thompson raised many issues. He argued that he did not receive a fair trial, citing that he was not properly informed of the elements of some charges. Specifically, he mentioned that the jury wasn't instructed about the components necessary to prove anal sodomy and witness intimidation. These mistakes were recognized as severe enough to warrant a reversal of those convictions. Thompson also claimed that there was not enough evidence to support his conviction for rape, and he argued that incorrect jury instructions regarding his potential sentences impacted his case. In addition, he pointed out that the prosecutor had made improper comments during the trial about plea deals, and that his own lawyer did not provide adequate representation throughout the process. The court carefully reviewed all the arguments and the entire record of the case. They found that the lack of instruction for some charges was a significant error. This was particularly true for witness intimidation, where the jury did not understand what needed to be proven for a conviction. Because of this, those specific counts were reversed. However, regarding the charge of first-degree rape and other offenses, the court found enough evidence to support the convictions. The judges determined that despite the errors concerning instructions, Thompson's sentences for the remaining counts were appropriate and should be upheld. In conclusion, the court affirmed the judgments and sentences for most of Thompson's convictions while reversing and remanding the convictions related to anal sodomy and witness intimidation for further proceedings. Some judges agreed with this decision, but one judge dissented, believing that the convictions should not have been reversed.

F-2008-381

Post author:Staff
Post published:May 12, 2009
Post category:F

In OCCA case No. F-2008-381, Cecil Ray Johnson appealed his conviction for kidnapping. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Cecil Ray Johnson was found guilty of kidnapping and received a 20-year prison sentence. He argued that there was not enough evidence to prove he committed the crime of kidnapping. He also said that evidence of other crimes should not have been allowed in the trial because it did not have a clear connection to the kidnapping charges. The court agreed with Johnson on the second point. They explained that evidence of other crimes can sometimes be used, but it must be relevant to the case at hand. In this situation, the evidence of Johnson’s past acts was too old and did not clearly connect to the kidnapping charge. The court said that using this evidence could unfairly influence the jury against Johnson. Because of the problems with the evidence, the court found that Johnson did not receive a fair trial. Even though they thought there was enough evidence for his conviction, they had to reverse the decision because it was unfair to include the other crimes evidence. In conclusion, the judgment was reversed, and the case was sent back for a new trial to ensure Johnson gets a fair chance in court. One judge disagreed with this decision, believing that the evidence of other crimes was relevant to show Johnson’s intent.

F-2008-127

Post author:Staff
Post published:May 11, 2009
Post category:F

In OCCA case No. F-2008-127, the appellant appealed his conviction for multiple offenses including False Declaration of Ownership in Pawn, Knowingly Concealing Stolen Property, and various Computer Crimes. In a published decision, the court decided to affirm the termination of the appellant from the Drug Court program but vacated one conviction for Assault and Battery on a Police Officer since the charges had been dismissed before the time of termination. One judge dissented.

M 2007-0560

Post author:Staff
Post published:May 7, 2009
Post category:M

In OCCA case No. M 2007-0560, William Galletly appealed his conviction for splitting contracts. In an unpublished decision, the court decided to reverse his conviction and dismiss the case. One judge dissented. Here's a simpler explanation: William Galletly worked as the City Manager of Grove. He was charged with splitting a big contract into smaller ones, which is against a law meant to create fairness in bidding for city contracts. A jury found him guilty of this charge and he had to pay a fine. The main question was whether what he did should be considered a crime. The law at the time of his actions did not clearly state that splitting contracts was a crime, which is why the court decided he should not be punished under the general rules for misdemeanors. Because of this, they decided to reverse the punishment and dismiss the case against him. One judge disagreed with this decision.

RE-2007-1233

Post author:Staff
Post published:April 22, 2009
Post category:RE

In OCCA case No. RE-2007-1233, Jeffrey Allen Holden appealed his conviction for two counts of First Degree Rape and one count of First Degree Burglary. In an unpublished decision, the court decided to reverse the District Court's ruling and dismiss the State's application to revoke Holden's suspended sentence. One judge dissented. Holden had originally entered a guilty plea and was given a long sentence with part of it suspended. However, he was accused of violating probation by contacting the victim while in prison. The rules say that a hearing to revoke a suspended sentence needs to happen within twenty days after the guilty plea. When the second hearing wasn't conducted on time, Holden argued that the court didn't have the power to proceed. The court ultimately agreed with Holden, ruling that the process was not followed correctly, and because of this, they did not have the authority to go forward with the revocation. Therefore, the case was sent back with instructions to dismiss the application.

C-2008-682

Post author:Staff
Post published:April 17, 2009
Post category:C

In OCCA case No. C-2008-682, Floyd Ray Williams, Jr. appealed his conviction for manslaughter in the first degree, leaving the scene of an accident resulting in death, eluding an officer, and driving under suspension. In an unpublished decision, the court decided to grant part of his appeal and deny the rest. One judge dissented. Williams had entered a nolo contendere plea, which means he did not admit guilt but accepted punishment for the crimes charged. He was sentenced to a total of 51 years in prison and fines for the various offenses. Williams later tried to withdraw his plea, claiming he had not been given the right information about his punishment and that his lawyer had not helped him properly. The court looked closely at Williams’s arguments. They agreed that he did not know he could get jail time for driving under suspension, so they decided to cancel that one-year sentence. However, they found that his pleas for the other charges were made with understanding, and he couldn't show that he would have acted differently if he had known the correct punishments for the other counts. The judges also believed that the prison sentences were not too harsh, and Williams didn’t prove that his lawyer had done a poor job. Since they found that all but one of Williams's claims were not valid, they denied those parts of the appeal. As a result, the court ordered the lower court to fix a small mistake in the paperwork regarding Williams’s plea and the specific laws he was charged with breaking. The end decision allowed Williams to be resentenced for one specific charge and made sure all details were correct in the official records.

F-2008-061

Post author:Staff
Post published:April 17, 2009
Post category:F

In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to modify his sentence for first degree murder from life without the possibility of parole to life imprisonment but affirmed the judgment and sentence for robbery. One judge dissented regarding the issue of the introduction of certain testimony. The case began when Lewis and another person killed Orlando Prudom at a park in Tulsa, Oklahoma. They shot Prudom multiple times and took items from him. Lewis was found guilty by a jury and received a harsh sentence because of his previous criminal record. During the appeal, Lewis raised several issues. One concern was about the trial procedure used when the jury decided his sentence after learning of his past conviction. He argued that the jury should not have known about his prior conviction when deciding the murder sentence. The court agreed that the trial procedure was flawed, which affected the fairness of his sentencing, leading them to change his sentence. Lewis also argued that a witness's testimony from a previous trial was used improperly without giving him a chance to confront her. However, the court decided that this error did not significantly affect the outcome because there was a lot of strong evidence against him, such as his own admissions and other witnesses' accounts. Another point Lewis raised was about the introduction of photographs of the victim, which he described as gruesome. The court ruled that these photographs were relevant to the case and did not unfairly prejudice the jury against him. Lastly, Lewis claimed he had ineffective assistance from his lawyer during the trial. The court found that the arguments regarding the trial process were enough to provide relief, while other claims did not show that he suffered from any real prejudice during the trial. The final decision upheld the conviction for murder and robbery, modified the murder sentence, and confirmed the revocation of a previously suspended sentence for another crime. In conclusion, while some issues found in the trial were acknowledged, the court maintained that the evidence against Lewis was very strong.

F-2008-260

Post author:Staff
Post published:April 16, 2009
Post category:F

In OCCA case No. F-2008-260, Ronnie Lamonte Lister appealed his conviction for Trafficking in Illegal Drugs, Possession of a Firearm During Commission of a Felony, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the convictions for Trafficking in Illegal Drugs and Possession of a Firearm After Former Conviction of a Felony, but reversed the conviction for Possession of a Firearm During Commission of a Felony with instructions to dismiss. One judge dissented.

F-2007-993

Post author:Staff
Post published:March 27, 2009
Post category:F

In OCCA case No. F-2007-993, the appellant appealed his conviction for First Degree Rape and Rape by Instrumentation. In a published decision, the court decided that the failure of defense counsel to call the appellant to testify, after promising the jury he would, constituted ineffective assistance of counsel, which significantly impacted the trial's fairness. The court also found that the admission of other-crimes evidence related to previous molestation was improperly admitted and prejudicial. Because of these reasons, the appellant was granted a new trial. One judge dissented, arguing that the decision to not testify was the appellant's choice and did not affect the trial's outcome.

F-2008-214

Post author:Staff
Post published:February 10, 2009
Post category:F

In OCCA case No. F-2008-214, Joe Lee Birmingham appealed his conviction for three counts of lewd and indecent acts with a child under sixteen. In an unpublished decision, the court decided to modify his sentences to four years imprisonment in each count, to be served concurrently, and as modified, the decision was affirmed. One judge dissented. Joe Lee Birmingham was found guilty by a jury of three counts of lewd acts against a child in the District Court of Oklahoma County. He was sentenced to four years for each count, and the sentences were to be served back-to-back. Birmingham had raised several arguments in his appeal, saying his trial was unfair because important evidence was not allowed, his lawyer didn’t help him properly, and other issues with the trial and sentencing. First, he argued that the judge would not let him show he had a medical condition called ALS, which he thought was important for his defense. However, the court concluded that this evidence did not really change the situation since he admitted to touching the girl, even if he said it wasn’t inappropriate. Next, Birmingham claimed his lawyer made many mistakes that hurt his case, but the court found that the mistakes did not likely change the trial's outcome. He also said that the proof his actions were wrong wasn’t good enough, but the court disagreed, stating that the evidence was sufficient for the jury to reach a conclusion. Birmingham’s complaints about not getting the right jury instructions were found to be invalid, as he did not raise them during the trial. Regarding the idea that changing one of the charges after the state had presented its evidence was incorrect, the court found it was done properly. Birmingham said the prosecutor behaved badly during the trial, but the court believed the comments made were just pointing out reasonable conclusions from evidence. His argument about the length of his sentences being too harsh was also denied. The court even said they believed he should serve his sentences concurrently, rather than back-to-back, because of his health issues. Overall, the court felt that the trial was fair, and even if there were some minor issues, they did not believe they negatively affected the outcome much. Thus, they decided his sentences would be adjusted to only four years overall for his actions, instead of having to serve each count one after the other.

F-2008-229

Post author:Staff
Post published:January 13, 2009
Post category:F

In OCCA case No. F-2008-229, an individual appealed his conviction for several counts of child sexual abuse and related charges. In a published decision, the court decided to affirm most of the convictions but reversed one count. One judge dissented. The individual, Timothy Ray Belvin, faced multiple serious charges in a district court. The charges included child sexual abuse, procuring a child for pornography, and lewd acts with a child. During the trial, some charges were dropped, but he was found guilty on others. The judge sentenced him to life imprisonment on two counts and ten years on the rest, with the sentences being served at the same time. In his appeal, the individual raised several arguments. He claimed that some of his convictions should be overturned due to the statute of limitations, which limits the time for prosecuting a crime. He also argued that there wasn't enough evidence to prove certain charges and that he did not receive proper legal help during his trial. Furthermore, he believed the punishment was too severe. After reviewing everything, the court determined that the prosecution was allowed to pursue one of the charges because there was evidence that acts occurred within the time frame allowed by law. They also found enough evidence for the conviction on several counts. However, they agreed that one charge did not have enough proof, so they reversed that specific conviction. The court also concluded that the defense was effective and that the sentences were appropriate given the nature of the crimes and the circumstances. As a result, the court upheld most of the convictions and instructed the lower court to dismiss one charge.