Judgment and Sentence Archives - Page 27 of 28

F-2000-805

Post author:Staff
Post published:October 18, 2001
Post category:F

In OCCA case No. F-2000-805, Dustin Loy Wells appealed his conviction for several crimes, including Shooting with Intent to Kill and Possession of a Stolen Vehicle. In an unpublished decision, the court decided to affirm most of the convictions but reversed one conviction related to assault. One judge dissented on the decision to reverse that conviction. Dustin Loy Wells was tried in a jury trial and found guilty of multiple charges. The trial court then sentenced him to a total of forty-five years in prison and imposed several fines. Wells believed he was unfairly convicted and claimed there were mistakes made during his trial. He raised several points of error on appeal. First, he argued that the trial court should have separated (or severed) his different charges for trial, but the court found that joining them was appropriate. Second, he said there was a mistake when certain identification evidence was allowed. While the court agreed this was an error, it was considered harmless because there was strong other evidence against him. Third, Wells argued that there was not enough evidence to support one of his assault convictions and the court agreed, reversing that specific conviction. Further, he contended that some evidence should not have been admitted at all, but the court found that the trial court had made the right decision. Wells also claimed there was not enough proof that he intended to kill when he shot someone, but the court concluded there was sufficient evidence for the jury to reach that conclusion. Wells pointed to what he believed was prosecutorial misconduct, claiming he did not get a fair trial because the prosecutor had made improper statements about him. However, the court decided that these actions did not change the outcome of the trial. Finally, he claimed that the combined errors were serious enough to warrant a new trial, but the court found that only one conviction needed to be reversed. In summary, while the court upheld most of Wells’s conviction and sentence, it found that one of the assault convictions should be dismissed. One judge disagreed with this part of the decision.

RE 2000-1257

Post author:Staff
Post published:October 16, 2001
Post category:RE

In OCCA case No. RE 2000-1257, the appellant appealed her conviction for furnishing beer to a person under twenty-one years of age. In a published decision, the court decided to reverse the revocation of her suspended sentence and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant pled guilty and was sentenced to one year, which was suspended, meaning she would not have to serve time right away as long as she followed certain rules. However, later, the state said she had broken those rules and asked the court to revoke her suspended sentence. After a hearing, the judge decided she had violated her probation and sentenced her to one year in jail with a part of that sentence suspended. The appellant appealed this decision, saying the court did not have the right to change her original sentence and that there wasn't enough proof of her violation. She also argued that she didn't receive proper notice about the reasons for her revocation, which is important for due process. The court agreed with her on the fact that the state did not provide enough evidence to support the revocation of her sentence. Due to this, the court decided to reverse the previous decision and instructed the lower court to dismiss the revocation order.

F-1999-1422

Post author:Staff
Post published:October 11, 2001
Post category:F

In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.

F 2000-1241

Post author:Staff
Post published:October 3, 2001
Post category:F

In OCCA case No. F 2000-1241, McCandless appealed her conviction for possession of controlled dangerous substances. In an unpublished decision, the court decided that two of her three convictions were unfair and should not stand because they violated laws against being punished twice for the same action. McCandless claimed that finding different types of drugs in her home should only count as one offense. The court agreed with her on that point and reversed two of the convictions. However, the court found sufficient evidence to keep the other two convictions. One member of the court disagreed with this decision.

F-2000-880

Post author:Staff
Post published:September 19, 2001
Post category:F

In OCCA case No. F-2000-880, the appellant appealed his conviction for possession of marijuana. In an unpublished decision, the court decided to modify the appellant's sentence from ten years to seven years imprisonment. One judge dissented, stating that the error did not amount to plain error and that he would not modify the sentence.

F-2001-55

Post author:Staff
Post published:September 5, 2001
Post category:F

In OCCA case No. F-2001-55, Lawrence Ray Washington appealed his conviction for unlawful possession of marijuana and unlawful possession of money within a penal institute. In a published decision, the court decided to affirm the conviction for unlawful possession of marijuana but reversed the conviction for unlawful possession of money and instructed to dismiss that count. One judge dissented. Washington was charged with three counts: possession of marijuana and money while in prison, and assaulting a correction officer. He was found not guilty of assault but guilty on the other two counts. He received a twenty-year sentence for each count, which would be served at the same time. Washington argued that being punished for both possessions was unfair because they were closely related. The court examined the details and decided that having both items at the same time was part of one action, rather than two separate actions. As a result, they thought punishing him for both possessions was against the law. Therefore, they took away the conviction for possession of money but kept the conviction for possession of marijuana. The dissenting judges believed Washington should have been punished for both counts because the law allows for separate punishments for different kinds of contraband items, even if they are found together.

F-2000-1427

Post author:Staff
Post published:September 5, 2001
Post category:F

In OCCA case No. F-2000-1427, John Vernon Dubiel appealed his conviction for possession of forged evidences of debt. In an unpublished decision, the court decided to affirm one count of the conviction but vacated two counts. One judge dissented on the issue of sentencing. Dubiel was charged with three counts of possessing forged checks. At trial, the jury found him guilty of all counts and recommended a long sentence for each, which the judge imposed to run one after the other. After Dubiel appealed, he argued that he was unfairly punished twice for the same crime and that the sentences were too harsh. The court agreed with Dubiel on the double jeopardy argument, stating that the law allows for only one punishment for having several forged checks at the same time. Because of this, they decided to cancel two of the counts against him but upheld the conviction for the first count. The court also found that any references to Dubiel's personal drug use during the trial were not significant enough to impact the fairness of the trial. Lastly, since they reduced his conviction, they did not need to further discuss the claim about excessive sentencing.

F-2000-1313

Post author:Staff
Post published:August 31, 2001
Post category:F

In OCCA case No. F-2000-1313, Robert Guy Wisner appealed his conviction for attempting to manufacture a controlled dangerous substance, unlawful possession of a controlled drug, and unlawful possession of marijuana. In a published decision, the court decided to affirm the judgment and sentence for the conviction of attempting to manufacture a controlled dangerous substance and unlawful possession of marijuana, but reversed the conviction for unlawful possession of a controlled drug, instructing to dismiss that count. One judge dissented.

F-2000-1138

Post author:Staff
Post published:August 31, 2001
Post category:F

In OCCA case No. F-2000-1138, the appellant appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case involved David Land Ashlock, who was found guilty of Assault and Battery with a Dangerous Weapon after a jury trial in Creek County. The jury sentenced him to forty years in prison and a fine of ten thousand dollars. Mr. Ashlock raised three issues on appeal about his trial. First, he argued that the trial court made a mistake by not allowing a defense instruction about defending another person. Second, he claimed that he was denied a fair trial because the jury convicted him of a crime that was not in the original charges against him. Finally, he said the prosecutor made an error by trying to explain the term reasonable doubt during the trial. The court looked closely at these issues and agreed with Mr. Ashlock on the second point. They found that he was wrongfully convicted of a crime that was not explicitly charged against him. The original charges were about first-degree manslaughter, but during the trial, the jury was instructed on Assault and Battery with a Dangerous Weapon without Mr. Ashlock’s consent. The court said that when a defendant objects to a lesser crime being included in the instructions, they should have the right to decide to stick with the main charge only. Mr. Ashlock’s lawyer had clearly objected, and the trial court should have respected his choice not to include the lesser charge of Assault and Battery. Because of this error, the court decided that Mr. Ashlock did not receive a fair trial. They concluded that the trial court had made a mistake, which warranted reversing his conviction. As a result, the court instructed to dismiss the case entirely.

F-2000-618

Post author:Staff
Post published:August 31, 2001
Post category:F

In OCCA case No. F-2000-618, Keith Avey appealed his conviction for Driving While Under the Influence, After Former Conviction of Driving Under the Influence. In an unpublished decision, the court decided to affirm Avey's judgment and sentence of eight years imprisonment and a $1,000 fine. However, the court requested a remand for a hearing on restitution. One judge dissented. Avey was found guilty by a jury which heard evidence that he was driving under the influence of alcohol. This included observations of his strong smell of alcohol, bloodshot eyes, slurred speech, and unstable walking after a collision. The jury decided to give him a punishment of eight years in prison and a fine, along with restitution payment. During the appeal, Avey argued that the trial court made mistakes. He believed the court should have informed the jury about a lesser charge called Driving While Impaired. However, the appellate court ruled that the evidence against him was strong enough that not giving this instruction was acceptable. Avey also contended that the trial court should have examined the specific losses experienced by the victims before setting the restitution amount. The appellate court agreed that the trial court failed to provide this hearing, stating that the law requires the court to establish the actual losses suffered by the victims. This is why they sent the case back for a restitution hearing. Avey argued that he did not get a fair defense because his attorney didn’t challenge the order of restitution effectively. However, the court disagreed, saying that the attorney did raise objections about the amount of loss and therefore did not provide ineffective assistance. Furthermore, Avey claimed that the evidence presented was not enough to prove he was guilty. The court found that there was sufficient evidence to support the conviction. Finally, Avey said that the eight-year sentence was too harsh. The appellate court stated that the sentence was appropriate and in line with the law. In summary, while the appellate court upheld Avey's imprisonment and fine, it required a new examination of the restitution amount due to the trial court's failure to provide proper hearings.

MA-2001-117

Post author:Staff
Post published:July 3, 2001
Post category:MA

In OCCA case No. MA-2001-117, the Petitioner appealed his conviction for two counts of Murder in the First Degree and two counts of Robbery With a Dangerous Weapon. In a published decision, the court decided to grant the petition for an extraordinary writ, which means the court decided to stop the prosecution from seeking the death penalty in the retrial. The dissenting opinion noted concerns regarding the outcome of the case based on previous legal interpretations and precedents. The case began with the Petitioner charged in two separate cases, related to tragic events that resulted in the loss of life and armed robbery. Initially, the jury found him guilty of all charges and recommended life sentences without parole for the murders and life imprisonment for the robbery offenses. However, this verdict was reversed, and the case was sent back for separate trials, which created a new legal situation. The Petitioner argued that he should not face the death penalty again because the first jury had already decided on a life sentence, indicating that they did not believe the death penalty should apply. This idea connects to the legal protection known as the Double Jeopardy Clause, which prevents someone from being tried multiple times for the same offense. The court looked closely at the issue of double jeopardy, discussing how it applies not just to being tried for the same crime, but also regarding the severity of punishment. They acknowledged that once a jury has had a chance to decide on a punishment like the death penalty, the state should not get a second opportunity to change that if the first jury chose not to impose it. As a result, the court found that the Petitioner should not have to go through the additional stress and public scrutiny of another capital sentencing trial when they had already made a clear decision against it previously. Thus, the petition to prohibit the state from seeking the death penalty was granted.

F-2000-617

Post author:Staff
Post published:July 2, 2001
Post category:F

In OCCA case No. F-2000-617, Bernard Eugene Laster, Jr. appealed his conviction for Possession of Controlled Dangerous Substance and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the order of acceleration of Laster's sentences for the first two offenses but vacated the judgment for the third offense related to a tax stamp. There was no dissent.

F-2000-821

Post author:Staff
Post published:July 1, 2001
Post category:F

In OCCA case No. F-2000-821, Mitchell Lawrence Rose appealed his conviction for Solicitation of First Degree Murder. In a published decision, the court decided to affirm the judgment but vacate the sentence and remand the case for resentencing. One judge dissented.

F-2000-861

Post author:Staff
Post published:June 27, 2001
Post category:F

In OCCA case No. F-00-861, Anthony Tyrone Raymond appealed his conviction for trafficking illegal drugs. In an unpublished decision, the court decided to uphold the conviction but modified the fine imposed. One judge dissented. Raymond was found guilty by a jury and sentenced to ten years in prison and a fine of $25,000. He raised several errors on appeal, including that the trial court wrongly excluded a witness's testimony, improperly instructed the jury about evidence, and made mistakes regarding the imposed fine and the legality of the search that found drugs on him. The court agreed that it was wrong to deny the defense witness the chance to testify, but believed this did not affect the outcome of the trial. About the jury instructions, the court found that there was no error because the instructions followed the defense's request. They also said the fine was incorrectly high based on the law, so they changed it to $10,000. Regarding the search that uncovered drugs, the court ruled that the officers acted properly since they had reasonable suspicion about Raymond’s involvement in crime. They also noted that Raymond had the right to contest the evidence against him, but there was no issue about him not being able to present his case during the hearing about this. Finally, they stated that the amount of drugs relevant to the conviction was clearly outlined. The final decision was to maintain the conviction but adjust the fine to reflect the correct amount.

F-2000-796

Post author:Staff
Post published:June 20, 2001
Post category:F

In OCCA case No. F-2000-796, Ronald Phipps appealed his conviction for attempting to manufacture methamphetamine, possession of methamphetamine (as a subsequent offense), possession of marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to vacate the $1,000 fine for the possession of marijuana but affirmed all other convictions and sentences. One judge dissented on the issue of the fine.

F-2000-451

Post author:Staff
Post published:June 8, 2001
Post category:F

In OCCA case No. F-2000-451, Christopher B. Andrews appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to reverse Andrews' conviction and send the case back for a new trial. One justice dissented. Andrews was found guilty of robbing someone and sentenced to thirty-five years in prison. After the jury finished their discussions about the case but before they made their final decision, the judge let the jury go home for the night. This happened even though both Andrews' defense team and the state's lawyers did not want this to happen. According to the law, after the jury starts talking about the case, they should stay together and not be allowed to go home or talk to others about the case. If they are allowed to separate, it can hurt the fairness of the trial, and courts believe that this is automatically a problem for the defendant. The court carefully examined the situation in Andrews' case and found that since the jury was allowed to leave, they could have been influenced by others, which is not fair. The state did not show enough evidence that the jury would not be prejudiced by being separated. As a result, the court reversed the original decision, meaning that Andrews' conviction was not valid, and the case was sent back for a new trial.

F-2000-386

Post author:Staff
Post published:June 7, 2001
Post category:F

In OCCA case No. F-2000-386, Rodney Eugene Cheadle appealed his conviction for First Degree Murder and several other charges. In an unpublished decision, the court decided to modify his conviction from First Degree Murder to Solicitation for Murder in the First Degree and changed his sentence from life without parole to life imprisonment. One judge dissented. Rodney Eugene Cheadle was charged with many serious crimes, including selling drugs and murder. The case started when a woman named Donna Phillips was working with the police while she was arrested. She bought drugs from Cheadle, and police later got a search warrant for his house. When they searched it, they found drugs and guns. Cheadle was in jail when he told other inmates that he wanted to prevent Phillips from testifying against him. He even tried to get someone to kill her. Eventually, another inmate, Vance Foust, did kill Phillips. After the murder, a jail inmate told the police about Cheadle's plans. During the trial, the jury found Cheadle guilty on multiple counts, and he received heavy sentences. However, Cheadle appealed, claiming there wasn't enough evidence for some of the charges against him, especially for First Degree Murder. The court agreed with him, stating that while he did solicit someone to kill Phillips, the evidence did not show that it was in furtherance of his drug activities as required by law. Ultimately, the court agreed to change his First Degree Murder conviction to a lesser charge of Solicitation for Murder and reduced his sentence. It also reversed some of his other convictions due to double jeopardy issues. Therefore, while he was found guilty of many crimes, the court decided to modify his most serious conviction and sentence.

RE-2001-318

Post author:Staff
Post published:June 6, 2001
Post category:RE

In OCCA case No. RE-2001-318, the appellant appealed his conviction for assault and battery with a dangerous weapon. In a published decision, the court decided to affirm the revocation of the appellant's suspended sentence but found that he should be allowed to earn good-time credits. One judge dissented regarding the way the case was handled concerning incarceration costs. The case started when the appellant entered a plea and had his sentence deferred for three years. Later, his sentence was accelerated, and he was sentenced to seven years with two years suspended. After a while, the State requested to revoke his sentence, which led to a court hearing. The judge revoked the suspended sentence and ordered the appellant to serve 120 days in jail without earning good-time credits and to pay for his incarceration. During the appeal, the appellant argued two main points. He claimed that the court did not have the authority to deny him the ability to earn good-time credits and that it violated his rights by not reviewing the actual costs of his incarceration. The appellate court agreed that the lower court had exceeded its authority by not allowing the appellant to earn credits and ruled that the case needed further review regarding the incarceration costs. In summary, the appellate court confirmed the revocation of the appellant's suspended sentence but changed the decision about good-time credits and required a new review of incarceration costs to ensure fairness.

F 2000-292

Post author:Staff
Post published:April 24, 2001
Post category:F

In OCCA case No. F 2000-292, Joe Stratmoen appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug (Methamphetamine) and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm his conviction but modified the sentence for the weapon charge. One judge dissented regarding the modification of the sentence. Stratmoen was found guilty of having methamphetamine and a weapon during a felony. At his trial, he was sentenced to 30 years for the drug charge and 20 years for the weapon charge. He raised three main issues on appeal. First, he argued that the court did not correctly explain the state’s need to prove his past convictions. Second, he claimed the jury was misinformed about the punishment ranges for the second charge. Third, he said the jury was not correctly told about the punishments for the drug offense. The court looked carefully at all the evidence and arguments presented. They decided that the way the jury was instructed about the drug charges was correct. However, they agreed that the sentence for the weapon charge should be less severe based on their interpretations of the law, setting it to the minimum of two years instead of the original twenty. One judge disagreed with the decision to lessen the sentence for the weapon charge, feeling that the jury’s sentence should be upheld. The final conclusion was that while the main conviction was upheld, the penalty for possession of a weapon was reduced.

F-2000-367

Post author:Staff
Post published:April 19, 2001
Post category:F

In OCCA case No. F-2000-367, Kenneth Matthew Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance - Methamphetamine. In an unpublished decision, the court decided to reverse the conviction with instructions to dismiss the case. One member of the court dissented. Crase was found guilty by a jury and sentenced to twenty years in prison and fined $50,000. He argued several points about why he should not be convicted. He claimed there was not enough evidence to prove he helped make methamphetamine. He also said there wasn't enough support for the testimony from an accomplice, that evidence of other crimes was unfair during his trial, and that the prosecutors behaved badly, making it hard for him to get a fair trial. After looking closely at all the evidence and records from the trial, the court agreed with Crase. They found that just being present and knowing that someone was making methamphetamine did not mean he was guilty of making it or helping to make it. The court concluded that there was not enough proof to convict him, so they reversed the lower court's decision and ordered the case to be dismissed.

F-2000-365

Post author:Staff
Post published:April 19, 2001
Post category:F

In OCCA case No. F-2000-365, Kevin Michael Crase appealed his conviction for Manufacturing a Controlled Dangerous Substance, specifically methamphetamine. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Crase was found guilty after a trial by jury and received a sentence of twenty years in prison and a $50,000 fine. He argued several points for his appeal, including that there wasn't enough evidence to prove he was actually involved in making the drugs or helping someone else do it. Upon reviewing everything, the court agreed with Crase, stating that although he was there and knew what was happening, there was no proof that he helped or encouraged the drug production in any way. Simply being present at the scene isn’t enough to prove someone committed a crime. Therefore, the court reversed his conviction and instructed the lower court to dismiss the case.

F 2000-152

Post author:Staff
Post published:April 17, 2001
Post category:F

In OCCA case No. F 2000-152, the appellant, Sidney Leon Crittenden, appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the conviction for the first count but reversed and remanded the second count with instructions to dismiss. One judge dissented. Crittenden was charged with serious offenses, including First Degree Rape by Instrumentation and Lewd Molestation. He was found guilty on two counts of Lewd Molestation and sentenced to 45 years in prison for each count, along with a fine. On appeal, Crittenden raised several arguments. He claimed that the trial court made mistakes, such as changing the charges and allowing evidence of other crimes, which he felt unfairly influenced the jury. He also argued that being convicted of two offenses from the same incident was against the rules, and he felt the sentences he received were too harsh. After looking carefully at all the details of the case, the court agreed with Crittenden on one issue—being charged for two separate offenses from one event was not acceptable. They affirmed the first conviction but ordered that the second one be dismissed as there was not enough evidence to support it as a separate act. The court noted that while some evidence suggested there might have been different incidents, it was not strong enough to meet the required level of proof. They concluded that the trial was mostly fair, and the sentences for the first count seemed appropriate. Overall, the decision respected that some of the rules regarding the number of convictions related to a single act were not followed and adjusted the outcome accordingly.

F 2000-599

Post author:Staff
Post published:April 13, 2001
Post category:F

In OCCA case No. F 2000-599, Charles Earl Smith, Jr. appealed his conviction for Omitting to Provide for Minor Child. In an unpublished decision, the court decided to affirm the conviction and modify the restitution amount. One judge dissented. Charles Earl Smith, Jr. was found guilty in a court for not taking care of his child. After the trial, he was sentenced to three years in prison and ordered to pay a fine and restitution. The restitution amount was initially set at $10,247.00, but Smith argued this was unfair. The court looked at the case closely and found that the restitution amount should actually be changed to $10,035.25 after considering some payments that Smith had already made. They agreed that the judge had the right to ask for restitution, but the amount needed to be fixed. In the end, the court agreed with Smith about changing the restitution amount but kept the rest of the conviction the same.

F-1999-1084

Post author:Staff
Post published:April 12, 2001
Post category:F

In OCCA case No. F-1999-1084, Jesse Stanard appealed his conviction for Assault and Battery with a Deadly Weapon with Intent to Kill and two counts of Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to reverse his conviction for the first count and remand it for a new trial, but affirmed the convictions for the other two counts. One judge dissented.

F 2000-0310

Post author:Staff
Post published:April 6, 2001
Post category:F

In OCCA case No. F 2000-0310, Buckley appealed his conviction for Burglary Second Degree. In a published decision, the court decided to affirm the acceleration of his deferred sentence but modified it to run concurrently with another sentence. None dissented.