Judgment and Sentence

F-2017-849

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In OCCA case No. F-2017-849, Samuel Cosby appealed his conviction for assault and battery with a deadly weapon. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Samuel Cosby was found guilty by a jury in Oklahoma County and sentenced to life imprisonment. He raised several arguments to claim that errors during the trial affected his right to a fair trial. First, Mr. Cosby argued that the trial court made a mistake by not having a pretrial hearing to check if the expert testimony about firearms was reliable. The court found no error in allowing the expert testimony because it is generally accepted in trials. Second, he claimed the firearms expert's analysis was flawed and unfair. However, the court decided that there was no plain error since the expert's opinion was based on accepted methods. Third, he argued that a phone call he made from jail should not have been used as evidence. While he objected in court, the judges felt the phone call was relevant because it showed he was aware of the situation. Fourth, Mr. Cosby said there were mistakes in how evidence was handled, particularly about the victim's injuries. The court ruled that the evidence was necessary for proving the case. Fifth, he felt the jury instructions were wrong because his request for an explanation about inconsistent statements was denied. The court explained that the victim's testimony was not inconsistent enough to require such an instruction. Lastly, Mr. Cosby claimed he did not receive effective help from his lawyer. The court found that since these errors did not actually happen, this claim was also not valid. The overall decision was that the judgment and sentence against Mr. Cosby were correct, and his appeals did not show any significant errors that affected the fairness of his trial.

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F-2017-1038

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In OCCA case No. F-2017-1038, Zachary Craig Anderson appealed his conviction for Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Zachary Craig Anderson was found guilty after a trial for neglecting a child, which is against the law. The judge gave him a sentence of 20 years in prison but also gave him credit for the time he had already served. Anderson did not agree with his conviction and decided to appeal, which means he wanted a higher court to review the decision made in his original trial. Anderson claimed that his lawyer did not help him effectively by not challenging the statements he made to the police. He argued that his lawyer should have questioned whether those statements could be used against him in court because he was not read his rights, which are important for protecting people when they are being questioned by police. These rights are known as Miranda rights, and they are designed to help ensure that people are not forced to speak without understanding their rights. In the appeal, the court looked at whether Anderson's lawyer did a good job or not. To win this argument, Anderson had to show that his lawyer's performance was poor and that this hurt his chances of a fair trial. The court found that Anderson did not show evidence that his lawyer was ineffective. They said that Anderson actually voluntarily talked to the police and did not feel pressured or threatened. Since he cooperated, the court thought there was no reason for the lawyer to challenge his statements to the police. After looking at all the evidence and arguments, the court decided to keep Anderson's conviction and sentence as they were. They also denied his request for a hearing to discuss the effectiveness of his lawyer's help during the trial. In summary, Anderson's appeal did not lead to any changes in his conviction. The court agreed that the statements he made to the police were allowed and that his lawyer’s actions were reasonable in the situation.

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M-2017-137

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In OCCA case No. M-2017-137, Jerrad Sterling Nunamaker appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and speeding in excess of the lawful limit. In an unpublished decision, the court decided to modify Nunamaker's fine for speeding to $20.00 and vacated the victim compensation assessment for that offense. One member of the court dissented.

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F-2017-950

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In OCCA case No. F-2017-950, Terry Lyn Elkins appealed his conviction for Possession of Methamphetamine and Resisting an Officer. In an unpublished decision, the court decided to affirm the convictions but remand for resentencing on the possession count. One judge dissented. Terry Lyn Elkins was found guilty by a jury for having methamphetamine and for resisting a police officer. He was sentenced to 40 years in prison for the drug charge and fined $500 for resisting the officer. The jury did not find him guilty of assaulting a police officer. Elkins argued that the trial was unfair because the jury saw evidence that was not relevant to his case, which might have affected their decision about his punishment. The evidence included a document from the Department of Corrections that had many details about Elkins’ past, including other crimes he committed many years ago. Some of this information was not needed for the current case and could have made the jury think more negatively about him. The judges decided that while the evidence showing Elkins’ past convictions was correctly used, parts of the additional information were not relevant and should not have been presented to the jury. They believed that this extra information could have influenced how the jury decided on the punishment. Therefore, they decided to keep the convictions as is, but send the case back to lower court for a new review of his punishment for the meth charge. In a separate opinion, a judge agreed with keeping the conviction but believed that sending the case back for resentencing was not necessary since Elkins did not receive the maximum punishment possible.

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F-2017-758

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In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

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F-2017-1053

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In OCCA case No. F-2017-1053, Greenwood appealed her conviction for drug-related offenses. In an unpublished decision, the court decided to affirm her termination from the Drug Court program but required the lower court to remove a $500 fine that had been improperly assessed. One judge dissented. The case began when Greenwood, on October 13, 2015, agreed to participate in the Drug Court program after pleading no contest to a charge of possessing methamphetamine and guilty to having drug paraphernalia. If she successfully completed the program, her sentence would be deferred, meaning she wouldn't have to serve time unless she failed to meet the program requirements. However, on August 31, 2017, the State asked to terminate Greenwood from the Drug Court program. The judge held a hearing where they discussed her progress. The judge decided to end her participation because Greenwood had not been following the rules of the program. As a result, she was sentenced according to her plea agreement, but the judge also added a $500 fine. Greenwood did not agree with this fine and argued that it was illegal because it wasn't part of her original plea deal. She also claimed it wasn't fair to terminate her from the program since she felt that the court hadn't tried hard enough to help her comply with the program's requirements through smaller penalties before jumping to termination. The court looked at her arguments. They found that the fine was indeed not allowed because of the rules surrounding Drug Courts, which require that once admitted, a judge can't change the conditions of someone's plea agreement. Since Greenwood's agreement stated she wouldn't have a fine, the court ordered the lower court to remove that $500 fine. As for her termination from the Drug Court, the judges looked at the evidence that showed she had repeatedly not followed the rules. There was testimony showing she missed meetings, didn’t show up for drug testing, and was not engaging with the services offered to her. The court found that while Greenwood believed she wasn't given enough help, it was ultimately her responsibility to follow the rules. In the end, the court decided to keep the termination of Greenwood from the Drug Court but mandated that the fine be taken away. The ruling confirmed that the Drug Court successfully supported the justice system while also highlighting the importance of personal responsibility in such programs.

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C-2017-567

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In OCCA case No. C-2017-567, the petitioner appealed her conviction for harboring a fugitive from justice. In an unpublished decision, the court decided to grant part of her request and said that she was wrongly denied her right to have a lawyer help her during important steps of her case. One judge disagreed with this decision. The case involves Teresa Lorena Altobella, who was charged with helping someone avoid the law. She pleaded guilty to the charge and was given a five-year prison sentence, which was suspended, meaning she wouldn’t go to jail if she followed certain rules, such as doing community service and completing a specific program. After her plea, she wanted to change her mind and asked the court to let her withdraw her guilty plea. The court had a hearing where Altobella tried to argue that she should be allowed to change her plea, but she did not have a lawyer to help her. She had trouble getting a lawyer before the hearing, and when she showed up without one, the judge did not allow her to have another lawyer during this important moment. Altobella argued that her guilty plea was not made correctly—she said she didn’t fully understand what she was doing when she pleaded guilty. The higher court looked at these points and agreed with Altobella when it came to the right to have a lawyer. The court said it is important for defendants to have legal help, especially during crucial parts of their cases like asking to withdraw a guilty plea. The court found that Altobella did not waive her right to a lawyer in a proper way, meaning that she should have been given a chance to have legal help. Because of this issue, the court decided to reverse the district court's decision that denied her request to withdraw her guilty plea. They sent the case back to the district court to make sure Altobella could have a lawyer help her figure out if she still wanted to withdraw her plea. The court's ruling on the pleas and other arguments was set aside because they believed it was essential to have proper legal representation in such cases. In summary, the court made it clear that every defendant has the right to legal assistance during important steps in their trial or when making significant legal decisions. This decision ensures that defendants have the support they need to navigate the legal system properly.

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C-2018-441

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In OCCA case No. C-2018-441, Clinton Lee Myers appealed his conviction for trafficking in illegal drugs and possession of a controlled substance with intent to distribute near a school. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Clinton Lee Myers entered a plea of guilty to two serious charges. He was sentenced to a long time in prison and had to pay a large fine. After he was sentenced, he wanted to withdraw his guilty plea, but the court said no after listening to evidence in a hearing. Myers complained that his punishment was too harsh and that the prosecutor shouldn't have talked about his past crimes during the sentencing. He felt this information was unfair and should not have been used against him. However, the court explained that this type of information can be considered at sentencing. They also decided that his sentence was within legal limits and did not shock their conscience, so they would not change it. Additionally, Myers believed that there was a mistake in the written records of his sentence regarding the amount of the fine. The court found that there was, in fact, a clerical error in the documents about the fine amount. They agreed that the error should be corrected to match what the judge said during the sentencing. In conclusion, the court denied Myers' request to change his sentence, but they agreed to correct the written record to reflect the right fine amount.

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F-2017-762

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In OCCA case No. F-2017-762, Kendell Paul Sparrow appealed his conviction for Murder in the First Degree (Malice Aforethought). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, sentencing him to life imprisonment with the possibility of parole. One judge dissented. Sparrow was convicted of a serious crime, and his appeal included two main issues. First, he argued that the trial should not have included the preliminary hearing testimony of a witness because he believed it went against his right to confront witnesses. Second, he contended that there was not enough evidence to support his conviction for murder. During the trial, the court allowed a witness’s earlier testimony to be used because that witness was unavailable to testify in person. Sparrow challenged this, claiming it violated his constitutional rights. However, the court found no error because the State had made reasonable efforts to bring the witness to trial. The court also determined that Sparrow had a chance to question the witness during the preliminary hearing. Therefore, the admission of the testimony was upheld. As for the evidence presented against Sparrow, the court examined whether the State proved he was guilty of murder. The law requires that to convict someone of first-degree murder, it must be shown they unlawfully caused the death of another with intent or malice. The court looked at all the evidence in favor of the State and concluded that reasonable jurors could find Sparrow guilty beyond a reasonable doubt. Ultimately, the court decided that Sparrow's appeal did not provide grounds for reversing his conviction. Therefore, the original sentence of life imprisonment was affirmed.

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F-2017-1030

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In OCCA case No. F-2017-1030, Polo Carrillo appealed his conviction for kidnapping, first-degree rape, assault and battery with a dangerous weapon, and domestic assault and battery in the presence of a minor. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Polo Carrillo was found guilty on several serious charges and sentenced to life imprisonment on three charges, with an additional year on the domestic assault charge. He raised several arguments on appeal, including issues with the evidence presented during his trial and concerns about whether he received a fair trial. One point of contention was the trial court's decision to allow a nurse to read a report during the trial that included what the victim had stated about the incident. Carrillo argued that this was hearsay and unnecessary since there was other testimony about the same information. The court determined that the nurse's statements were allowed because they related to medical treatment, which is an exception to hearsay rules. Another argument Carrillo made was about the court's ruling regarding the disclosure of certain witnesses' information. The trial court had allowed the victim's address to be withheld for safety reasons. The court pointed out that Carrillo was able to communicate with the victim without knowing her home address. Thus, the court concluded that the ruling did not harm his defense. Carrillo also claimed that photographs shown to the jury were redundant and biased against him, but the court found that these images were important in showing the victim's injuries and supported the testimony, so they were allowed. Further, Carrillo argued that the jury was not given the correct instructions regarding post-imprisonment supervision. The court indicated that the instructions given were generally proper since the jury couldn't recommend a sentence lower than two years, ruling that errors were not affecting the trial's outcome. At sentencing, there was an error in how Carrillo's time served was recorded. However, this was later corrected by the District Attorney’s office, making this issue no longer relevant. Finally, Carrillo claimed that even if individual errors in the trial did not deserve a new trial, the cumulative effect of these errors should. The court disagreed, stating that since there were no errors that warranted reversal, the cumulative error claim also failed. In summary, the court affirmed Carrillo's convictions, indicating that he did not suffer an unfair trial despite the various arguments he raised on appeal. The decision was backed by careful consideration of the law and the facts presented during the trial.

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F-2017-902

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In OCCA case No. F-2017-902, Kaylin Mixon appealed his conviction for Second Degree Depraved Mind Murder. In an unpublished decision, the court decided to affirm the conviction and uphold the sentence. One judge dissented. Kaylin Mixon was found guilty by a jury and was sentenced to 30 years in prison, along with a $100 fine. Mixon argued that his trial was unfair for three reasons. First, he believed that the jury should have been individually asked about their verdict to ensure all members agreed. However, the court found that since no one complained during the trial, there was no clear error. They determined that the jury's agreement was evident enough without needing to poll each member individually. Second, Mixon contended that photos from the autopsy shown at trial were too upsetting and should not have been allowed as evidence, claiming they were not necessary since the cause of death was not disputed. The court ruled that the photos were relevant to the case and helped to explain the details of the crime, so the inclusion of the photos did not unfairly influence the jury. Lastly, Mixon challenged the $100 fine imposed by the judge, arguing that it wasn’t proper since the law didn’t specifically mention a fine for his type of conviction. However, the court referenced past rulings that allowed judges to impose fines in felony cases, concluding that the fine was valid. After reviewing these issues, the court found no substantial errors that would warrant a new trial or change in the sentence. Therefore, they affirmed the original decision and the appeal was denied.

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C-2017-1044

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The document appears to be a legal summary from the Oklahoma Court of Criminal Appeals regarding the case of Auntra Lawan Edmonds. The case revolves around Edmonds' appeal after being convicted of two counts of First Degree Manslaughter. Here’s a concise overview of the case and the court's decision: 1. **Background**: Auntra Lawan Edmonds was charged with two counts of First Degree Manslaughter in Greer County District Court. After entering a no contest plea and being sentenced to life imprisonment for each count (to run concurrently), he later sought to withdraw his plea, which the court denied. 2. **Propositions of Error**: - **Proposition I**: Edmonds argued that the trial court erred in denying his motion to withdraw his plea, claiming it was not entered knowingly, intelligently, and voluntarily. The court found that the record sufficiently demonstrated that Edmonds was aware of his rights and the nature of the charges, thus affirming that his plea was valid. - **Proposition II**: He claimed ineffective assistance of counsel during the plea withdrawal hearing. The court concluded that this claim lacked merit, noting that Edmonds did not provide substantial evidence to support the claim of ineffective assistance. - **Proposition III**: Edmonds argued that his life sentences were excessive. The court reasoned that the sentences were factually substantiated and justified given the severity of the incident, including the presence of alcohol and prior criminal behavior. 3. **Court Decision**: The court denied Edmonds' petition for a writ of certiorari, affirming the judgment and sentence of the District Court. It upheld that the trial court did not abuse its discretion in denying the motion to withdraw the plea. 4. **Final Note**: The opinion emphasizes the importance of properly presenting claims during the trial and highlights that a defendant's dissatisfaction with a sentence does not invalidate a plea agreement. This case serves as a reference point for issues regarding plea withdrawals, effective legal counsel, and the proportionality of sentences in criminal proceedings.

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F-2017-994

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In OCCA case No. F-2017-994, Holly Tegan Zuniga-Griffin appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. The case involved Holly Tegan Zuniga-Griffin, who was found guilty of enabling the abuse of her three-year-old son. The jury in Muskogee County decided she was guilty of this crime based on the evidence presented during the trial. She was sentenced to ten years in prison, following the jury's recommendation. Zuniga-Griffin raised several issues in her appeal. First, she argued that the law regarding child abuse was unclear and vague. However, the court found no reason to change its previous decisions on this issue and denied her claim. Next, she claimed there wasn't enough evidence to prove she understood her child was in danger when she left him with her 17-year-old boyfriend. The court disagreed, stating there was enough evidence to show she should have known her child was at risk. Zuniga-Griffin had made inconsistent statements about how her son got hurt, and medical evidence indicated he had been physically abused. She also said she was denied a fair trial because the judge didn't instruct the jury properly. The court acknowledged that some jury instructions could have been appropriate, but overall, they did not think this affected the trial's fairness. Another point she raised was about a nurse giving an opinion in court when she didn't have the right qualifications. The court found that the nurse did have enough training and experience to testify about the injuries on the child, so they disagreed with Zuniga-Griffin's claim. Zuniga-Griffin contended that the prosecution failed to provide important evidence that could have helped her case. However, the court concluded that she was aware of the photos in question during the trial and did not attempt to use them, dismissing her argument. She also claimed her lawyer did not do a good job representing her, which negatively impacted her trial. But the court found her lawyer's decisions were reasonable and did not affect the outcome. Zuniga-Griffin then argued that her ten-year sentence was excessively harsh. The court noted that her son had suffered serious injuries, and her sentence was within what the law allowed, so they did not find it shocking. Finally, she stated that all the errors combined during the trial made it unfair. The court determined that the errors she identified did not, either separately or together, undermine her right to a fair trial. In the end, the decision of the trial court was upheld, meaning Zuniga-Griffin would serve her sentence as originally decided.

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F-2017-851

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In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.

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RE-2017-149

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In OCCA case No. RE-2017-149, the appellant appealed his conviction for Escape from Arrest, Knowingly Concealing Stolen Property, and Domestic Assault and Battery Against a Pregnant Woman. In an unpublished decision, the court decided to affirm the order revoking the appellant's suspended sentences but required the lower court to remove the post-imprisonment supervision from its orders. One judge dissented. The case began when the appellant, after entering guilty pleas to several charges, was sentenced to ten years of imprisonment, which was suspended under certain conditions including probation. However, he failed to follow the rules of his probation, leading to a motion by the State to revoke his suspended sentences. The hearing revealed that the appellant initially reported to his probation officer but stopped when he learned about potential violation reports. At the hearing, the appellant indicated he wanted help for his struggles with drugs and alcohol and had a job and place to live, which he thought should allow him another chance at probation. However, the judge found that the appellant had a history of not following rules in the past and thus decided to revoke his suspension entirely. The court determined that the judge had a valid reason based on the evidence to revoke the probation. However, the judge made an error by adding a provision for post-imprisonment supervision that was not part of the original sentence. The court ordered that this part be removed from the revocation orders but kept the decision to revoke the suspended sentences.

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RE-2016-1049

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In OCCA case No. RE-2016-1049, George appealed his conviction for violating the conditions of his probation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence in one case and reversed the revocations in three other cases with instructions to dismiss. One judge dissented. George had a history of criminal activity, including a guilty plea to second-degree statutory rape. He received a sentence with parts suspended, allowing him to leave prison if he followed probation rules, including not having contact with minors. This became an issue when George was found to be in contact with his biological son, which he claimed was unconstitutional since he was not the victim of his previous crime. During a hearing, evidence showed that George was discovered with a child, and while he later claimed that it was his son, the court found that the state proved he violated his probation by having contact with a minor. The court affirmed the revocation in the case where this violation occurred, stating that a single violation is enough to revoke probation. However, George was also accused of failing to pay court costs in three other cases. The court decided that there wasn’t enough evidence to prove he failed to pay, thus reversing the decision to revoke his probation in those cases. The court instructed the lower court to dismiss those revocations. This decision recognized the importance of proving probation violations with solid evidence, especially regarding financial obligations.

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F-2017-153

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In OCCA case No. F-2017-153, Crawley appealed his conviction for First Degree Felony Murder, Felony Eluding, Second Degree Burglary, and Possession of Burglary Tools. In an unpublished decision, the court decided that the exclusion of key evidence violated Crawley's right to a fair trial, leading to the reversal of his convictions for Counts 1 and 2. A judge dissented.

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F-2017-724

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In OCCA case No. F-2017-724, the appellant appealed his conviction for multiple crimes, including assault and battery with a dangerous weapon, burglary, domestic abuse, and violation of a protective order. In a published decision, the court decided to affirm the convictions for most counts but dismissed one count due to double punishment concerns. One judge dissented.

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C-2017-684

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In OCCA case No. C-2017-684, Bryan Lee Guy appealed his conviction for possession of a stolen vehicle, driving while his license was under suspension, and affixing an unauthorized license plate. In an unpublished decision, the court decided to deny his appeal and remand the case to the District Court for a determination of whether he is a mentally ill person exempt from paying the costs of incarceration. One judge dissented. Bryan Guy was charged with three offenses and entered a guilty plea for all of them. He received a sentence that included time in prison and jail, plus post-imprisonment supervision. After a few days, he wanted to withdraw his guilty plea, saying he didn't fully understand what he was doing or that he wasn't well advised by his lawyer. The court held a hearing but decided not to allow him to withdraw his plea. In his appeal, Bryan raised three main issues. He argued that he should be allowed to take back his guilty plea because it wasn't made in a knowing, intelligent, and voluntary way. He also complained about being charged for incarceration costs and claimed his lawyer didn't provide effective help. The court looked closely at Bryan’s arguments. It found that he didn’t prove that he didn’t understand his plea, concluding that the trial court acted fairly. Bryan's second point about the costs also didn't stand because he didn't raise it during the first hearing, which meant he could not bring it up later in his appeal. His claim about not getting good help from his lawyer was examined using a specific test. The court noted that Bryan claimed to have been misinformed about the minimum punishment for one of the offenses, but this did not affect the outcome since the misunderstanding was in his favor. Ultimately, the court found that there was a chance Bryan might be mentally ill, which means he might not have to pay for incarceration costs. This was a significant factor, leading to the decision to send the case back to the lower court for more examination of his mental health status. The final decision of the court was to deny the appeal for the first two issues but recognized the need to assess Bryan's mental health concerning the costs he was ordered to pay for incarceration. The case was remanded for that specific determination.

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F-2017-189

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In OCCA case No. F-2017-189, William Todd Lewallen appealed his conviction for Child Neglect, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. A dissenting opinion was not recorded. Lewallen was found guilty in a previous trial and sentenced to twenty-three years in prison. He appealed this sentence, and the court decided to change the sentence to fourteen years during a resentencing trial. Lewallen wanted to testify during this resentencing but was not allowed to do so by the trial court. This decision led to Lewallen's appeal. Lewallen claimed that not allowing him to testify was a serious mistake called structural error, which means it affected the fairness of the entire trial process. However, the court explained that most errors in trials can be harmless unless they are structural errors. The court ultimately found that Lewallen's case did not involve what would be classified as structural error. The court noted that while everyone has the right to present a defense and testify, this right has limits and must follow the rules of court. In Lewallen's case, his request to testify was denied because the court believed it didn't relate to the sentencing phase of his case. The court held that his testimony would not change the outcome of the sentencing because it was not relevant to the issues that the jury was deciding at that time. The decision emphasized that the resentencing was not a chance to revisit the guilt or innocence of Lewallen, as he was already found guilty. The new jury was only tasked with deciding how long his punishment should be based on what they learned from the original trial. In summary, the court affirmed Lewallen's new sentence and ruled that there were no errors that would affect the outcome of the case, including the denial of his request to testify.

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C-2017-33

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In OCCA case No. C-2017-33, a person appealed his conviction for manslaughter. In a published decision, the court decided to modify his sentence to run concurrently with another sentence. One judge dissented. In this case, the person, who we'll refer to as the appellant, had entered a guilty plea to first degree manslaughter. He ended up being sentenced to twenty-three years in prison. After some time, the appellant decided he wanted to take back his guilty plea. He claimed he didn't fully understand the consequences of his plea when he entered it, and he felt he was pressured into making that choice. The court held three hearings to talk about the appellant’s request to withdraw his guilty plea. Ultimately, the judge denied his request, finding that his plea was made voluntarily and knowingly. The appellant raised two main arguments in his appeal. First, he argued that his plea was not given voluntarily or knowingly. Second, he said he did not get proper legal help from his attorney, which affected his case. The court looked closely at the entire record, including the hearings and the agreements made during the plea process. They found that even though the appellant felt he was pressured, he actually understood what he was doing when he entered his plea. They decided that the plea was valid and should not be withdrawn. However, the court also recognized that the state did not follow the agreement regarding a related case. The state had promised not to seek a revocation of the appellant's other suspended sentence, but after the appellant filed to withdraw his plea, the state moved to revoke that sentence anyway. The court determined that this was a significant breach of the plea agreement, which affected the fairness of the situation. Since the appellant was also facing the loss of additional years in prison because of the state's actions, the court decided to modify his sentence. Instead of having the two sentences run one after the other, the court ordered them to run at the same time. This way, the appellant would not be unfairly punished because of the state’s breach of their agreement. In conclusion, the court agreed the appellant’s plea was valid and was made knowingly and voluntarily. However, to correct the mistake made by the state regarding the plea agreement, they modified his sentence to ensure fairness. One judge disagreed with some parts of the decision.

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M-2017-739

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In OCCA case No. M-2017-739, Jeremy L. Garza appealed his conviction for Driving under the Influence of Intoxicating Substances. In an unpublished decision, the court decided that the trial court abused its discretion by allowing Garza to represent himself during the acceleration proceedings without him properly waiving his right to counsel. One judge dissented. Garza had initially entered a guilty plea to a DUI charge and was given eighteen months of probation. However, the State later accused him of not following the rules of his probation, such as failing to report and not paying fines. When Garza addressed the court without a lawyer during these acceleration proceedings, the court did not properly document that he understood his right to have a lawyer or that he chose to give up that right. The court's opinion stressed that anyone facing charges has the right to a lawyer and can only waive this right if they do so knowingly and intelligently. This means they need to understand the consequences of representing themselves. Since the court did not show that Garza waived his right to counsel properly, the decision to sentence him was reversed. The matter was sent back to the lower court, instructing them to vacate the judgment and hold further proceedings that follow this ruling.

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RE-2017-57

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In OCCA case No. RE-2017-57, Leslie Kay Mosby appealed her conviction for burglary and drug possession. In a published decision, the court decided to uphold her revocation from the mental health court program and the resulting sentences. One judge dissented. Leslie Kay Mosby was convicted for several crimes, including burglary and possession of a controlled substance. She was sentenced to seven years for two felony counts and one year for a lesser charge. She entered a plea agreement that allowed her to participate in a mental health court program, which meant that if she did well, her sentences would not need to be served in prison. However, if she failed in the program, her sentences would be enforced. During her time in the mental health court program, Mosby had many problems, including missing appointments and using drugs. The state noticed these issues and asked the court to take her out of the program. After a hearing, the court agreed that she had not followed the program rules and removed her from the program. This meant that she would now serve her sentences in prison. Mosby believed that the court was wrong to remove her from the mental health program without giving her proper chances to improve. She also argued that her sentences should run at the same time instead of one after the other. However, the court decided that the original agreement was not clear enough about the sentences running together and confirmed the judge’s decision to impose consecutive sentences. Lastly, Mosby pointed out that there was a mistake in the paperwork about the charge against her, but she did not follow the right steps to correct it. The court decided that the judge's rulings were mostly correct, but they would send the case back so the judge could ensure that the correct parts of the sentences were listed properly. Overall, the court affirmed the decision to revoke her from the mental health court program and ruled that her longer sentences would stand, with some corrections to the paperwork.

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F-2016-1094

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In OCCA case No. F-2016-1094, Robert Lawrence Long appealed his conviction for First Degree Felony Murder and Possession of a Firearm After Conviction of a Felony. In an unpublished decision, the court decided to affirm Long's convictions but vacate the court costs imposed on the possession charge. No one dissented.

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RE 2016-1019

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In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and other charges. In a published decision, the court decided to affirm the revocation of his suspended sentences but directed the District Court to modify the orders so that the sentences would run concurrently. The dissenting opinion was not specified. Here's a simplified summary of what happened: Jerry Clemons was found guilty in two cases. He pleaded guilty to Home Repair Fraud in one case and robbery and property damage in another. He was given suspended sentences, meaning he would not go to prison if he followed rules and conditions of probation, like reporting to a probation officer and not changing his address without informing them. However, he did not follow these rules, which led the State to ask to revoke his suspended sentences. During a hearing, the judge decided to revoke Clemons' suspended sentences because he had failed to report as required and changed his address without telling his probation officer. Clemons argued that the State didn’t properly inform him about the reasons for the revocation and that they didn’t provide enough evidence to support their claims. He also said that the judge should not have revoked his sentence because the punishment was longer than what the law allowed for one of his charges. The court agreed with some of Clemons' points but stated that there was enough evidence to support the decision to revoke his suspended sentences. They found that he didn’t show how the judge made a wrong choice. However, they also recognized a mistake in how the sentences should be served. They ordered that all his sentences should run concurrently, meaning they would be served at the same time, rather than one after the other. In conclusion, Clemons' appeal was mostly not successful, but the court made important changes to ensure he would serve his time in a fair way according to the law.

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