Judgment

F-2013-974

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In OCCA case No. F-2013-974, Karena L. Gilbreath-Hancock appealed her conviction for Actual Physical Control of a Motor Vehicle under the Influence of Alcohol. In an unpublished decision, the court decided to remand the case for resentencing but affirmed her original conviction. One judge dissented. Gilbreath-Hancock was found guilty after a jury trial and was sentenced to two and a half years in prison along with a fine. She appealed for two main reasons. First, she claimed that her lawyer had a conflict of interest. However, the court found there was no actual conflict because Gilbreath-Hancock did not object to her lawyer's representation during the trial. The court stated that just because she disagreed with her lawyer's strategy, it did not mean there was a conflict of interest. Second, Gilbreath-Hancock argued that her rights were violated as the trial court failed to give the jury all the possible sentencing options available. The court agreed that the trial court made a mistake and needed to correct it. Because of this, they ordered the case to be sent back for resentencing, making sure that the jury would know all their options. In summary, while the court upheld the conviction of Gilbreath-Hancock, they recognized a mistake in the sentencing process and ordered that it be fixed.

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C-2014-79

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In OCCA case No. C-2014-79, Walker appealed her conviction for Assault and Battery on a Police Officer, Resisting an Officer, and Trespassing. In an unpublished decision, the court decided to dismiss Walker's appeal because her application to withdraw her guilty plea was not properly heard by the trial court. One judge dissented, arguing that a hearing had indeed taken place.

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S-2013-694

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In OCCA case No. S-2013-694, Fred A. Green, Ronald Krushe, and Christopher Thornburg appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against them. One judge dissented. The case began when the three men, who were bail bondsmen, went to a home to arrest two individuals, Billy and Pam Jones, who were staying there. They knocked on the door, entered the home, and handcuffed the Joneses to take them into custody. The homeowner, Patrick Wills, and his wife were not happy about this and called the police. While Green and his employees thought they were legally allowed to arrest the Joneses because they had a valid bond, the State of Oklahoma disagreed and charged them with burglary and kidnapping. The trial court disagreed, stating that the bondsmen did have the right to make the arrests. The State argued that the men acted unlawfully because of certain statements made during the incident, but the court found that they were working within their rights as bail bondsmen. Ultimately, the court upheld the decision to dismiss the charges, stating there was no abuse of discretion by the trial court in concluding that the bondsmen were acting legally.

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S-2013-696

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In OCCA case No. S-2013-694, S-2013-695, S-2013-696, the defendants appealed their conviction for kidnapping and first-degree burglary. In a published decision, the court decided to affirm the dismissal of the charges against the defendants. No one dissented. The case began when three bail bondsmen, Fred Green and his two employees, Ronald Krushe and Christopher Thornburg, were charged with kidnapping and burglary after they tried to arrest two people, Billy and Pam Jones, who had skipped out on their bail. They went to a home in Pawnee County where the Joneses were staying and entered without permission. They handcuffed the couple and attempted to take them to jail. However, the defendants argued that they had the legal right to arrest the Joneses because they had a valid bond with them. The court found that since they were acting within their legal authority when they arrested the couple, they did not commit kidnapping or burglary. The State disagreed, claiming that the defendants had intended to commit a crime. However, the court concluded that the defendants were within their rights and did not abuse their power. Therefore, the charges were dismissed, and the court upheld this dismissal in their ruling.

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F-2012-703

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In OCCA case No. F-2012-703, Heather Ann Jones appealed her conviction for Second Degree Murder, Robbery Committed by Two or More Persons, Conspiracy to Commit Robbery, and Child Neglect. In an unpublished decision, the court decided to reverse the conviction for Robbery but otherwise affirmed the Judgment and Sentence from the District Court. One judge dissented. Heather Ann Jones was found guilty after a jury trial in Sequoyah County. The jury sentenced her to fifteen years for Second Degree Murder, five years for Robbery, a fine for Conspiracy to Commit Robbery, and one year in jail for Child Neglect, with all sentences running at the same time. Jones raised several issues on appeal. First, she questioned whether there was enough evidence to support her convictions. The court found that the evidence was sufficient to support the jury's decisions, as it showed that Jones knew her accomplices intended to commit robbery. Even though initially the victim let them in, it was shown that they used deception to gain entry, which made their actions unlawful. Second, Jones argued that it was wrong for the trial court to allow testimony about her behavior during a TV interview after her daughter was shot. The court found that while the video of the interview was inadmissible, the investigator’s testimony about her demeanor did not count as hearsay and did not unfairly affect the trial. Jones also claimed that statements made by a witness to the police were wrongly admitted, claiming it deprived her of a fair trial. Despite the admission being deemed an error, the court ruled that since the witness testified in court about the same things, the error did not impact the outcome significantly. Jones's objection to some character evidence used against her related to her behavior following her daughter’s shooting was dismissed, as the court believed it directly supported the charge of Child Neglect. She also argued that being convicted for both Robbery and Second Degree Murder was unfairly punishing her twice for the same act. The court agreed, finding that the acts were part of the same crime, so they reversed her conviction for Robbery. In terms of ineffective assistance of counsel, Jones claimed her lawyer should have objected to several pieces of evidence, including the TV interview, police statements, and character evidence. The court ruled that her lawyer's performance did not prejudicially affect the outcome because the decisions were matters of which objections would not have made a difference. Finally, Jones asked for a review of all issues together, hoping that their combined impact on her trial would show that she did not receive a fair trial. However, the court found the errors were not enough to change the outcome. Overall, the court reversed Jones's conviction for Robbery but affirmed the rest of her convictions and sentences.

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S-2013-718

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In OCCA case No. S-2013-718, Tutson and Heartfield appealed their conviction for Possession of a Controlled Dangerous Substance (Marijuana) With the Intent to Distribute and other related charges. In a published decision, the court decided to affirm the trial court's ruling to suppress evidence, which means they agreed that the evidence should not be used against Tutson and Heartfield because the consent to search was not clearly given. One judge dissented.

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F-2012-559

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In OCCA case No. F-2012-559, Henry James, Jr. appealed his conviction for unlawful possession of cocaine and marijuana, and possession of drug paraphernalia. In an unpublished decision, the court decided to reverse his conviction for unlawful possession of marijuana but affirmed his convictions for unlawful possession of cocaine and drug paraphernalia. One judge dissented. Henry James was charged with having drugs, specifically cocaine and marijuana, and drug paraphernalia in Tulsa County. The charging document combined the possession charges into one count but listed two theories: possession of cocaine (a felony) and possession of marijuana (a misdemeanor). During the trial, the judge split these theories into separate charges for the jury to consider, leading to a verdict of guilty for both. As a result, James received sentences for both charges but they would run at the same time, so he didn't serve extra time. James felt it was unfair that he was found guilty of two crimes from what started as one charge. The court agreed that it was wrong to give him two convictions based on a single charge since the state didn't give him notice that he could face more than one conviction. They noted that James was not properly informed that he could be punished for both drugs, which could lead to confusion. The court decided to dismiss the conviction for unlawful possession of marijuana because of this error. However, they believed his sentence for unlawful possession of cocaine was fair and appropriate, so they did not change that. James also argued that admitting certain information could have negatively affected his case, but the court disagreed and found no significant error from that. Overall, James's judgment for unlawful possession of cocaine and drug paraphernalia was confirmed, but the marijuana conviction was overturned.

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F-2012-236

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In OCCA case No. F-2012-236, #Jonathan Bear Robe Nahwooksy appealed his conviction for #First Degree Rape and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided #to affirm the conviction but modified the sentence. Nahwooksy was originally sentenced to thirty years imprisonment for First Degree Rape and five years for Second Degree Rape by Instrumentation; however, the court changed the thirty-year sentence to twenty years and ordered both sentences to be served at the same time instead of one after the other. During the trial, Nahwooksy was found guilty of raping his second cousin, K.M., who was fourteen at the time. The case revolved around whether the sexual encounter was forced or consensual. The prosecutor's conduct throughout the case led to concerns about the fairness of the trial. Specifically, the prosecutor made inappropriate comments during the trial that seemed to create sympathy for K.M. and portrayed herself and the investigating officer as champions of justice. The court examined the prosecutor's behavior and found that it went beyond acceptable limits, especially when she made personal comments and depicted herself as fighting for victims. While there was enough evidence for the jury to find Nahwooksy guilty, the court believed that the prosecutor's misconduct during closing arguments likely affected the jury's decision on sentencing. In conclusion, while the conviction was upheld, the court decided to reduce Nahwooksy's sentence to ensure fairness in light of the errors made during the trial. #None dissented.

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F-2012-721

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In OCCA case No. F-2012-721, Deshaunte Devon Coulter appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm Coulter's conviction and sentence but vacated the restitution order, directing a new determination of the victim’s loss. One judge dissented. Coulter was found guilty by a jury and sentenced to thirty years in prison, along with an order to pay $2,300 in restitution. He raised several issues on appeal, including claims of unfair trial due to the admission of other crimes evidence, DNA evidence issues, prosecutorial misconduct, and excessive sentencing. The court looked closely at each of Coulter’s arguments. For the first claim about other crimes evidence, the court found there was no actual error because the officers’ testimonies did not specifically reference other crimes involving Coulter. Since Coulter did not challenge this during the trial, he could only appeal on the grounds of plain error, which the court ruled did not occur. In the second argument about DNA evidence, the court noted that Coulter had not shown that the State had erred. The evidence was timely provided, and the court did not find a Brady violation regarding the lack of lab notes since Coulter did not request them in time. For the third claim of prosecutorial misconduct, the court found that there was no actual error. The prosecutor’s comments during the trial were not improper, and thus did not violate Coulter's rights. In the fourth argument, regarding the claim that his sentence was excessive, the court concluded that the sentence fell within the legal limit and was not shockingly inappropriate under the circumstances. In the fifth claim, which concerned the assessment of restitution, the court found that the trial court did not follow proper procedures. The evidence presented at the sentencing didn’t adequately prove the victim's financial losses, so the restitution order was vacated. Finally, Coulter claimed that the cumulative effect of all errors deprived him of a fair trial, but the court found that wasn't the case. The decision affirmed Coulter's conviction and sentence while remanding the restitution matter for proper evaluation.

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F-2012-167

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In OCCA case No. F-2012-167, Bryan Decheveria Aragon appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, conspiracy to commit a felony, burglary in the first degree, kidnapping, and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others. One judge dissented. Aragon was found guilty of several serious charges, including robbery, assault, and kidnapping, after a jury trial in the District Court of Cleveland County. The jury handed down various sentences, adding up to a long term in prison. Aragon argued that errors occurred during his trial, including the prosecution calling co-defendants who refused to testify, which he claimed violated his rights. He also pointed out concerns about the prosecutor’s conduct and whether he faced multiple punishments for the same criminal act. The court found that the prosecutor’s decision to call the co-defendants did not require a reversal. Even though the co-defendants didn’t answer every question, they provided some responses and were available for cross-examination. Therefore, this did not infringe upon Aragon’s rights. The court also ruled that any claims regarding prosecutorial misconduct did not significantly impact Aragon's fair trial. However, the court acknowledged that Aragon’s conviction for possessing a firearm during a felony had to be dismissed, as it did not comply with legal standards. The kidnapping charge was also reversed because it arose from the same act as the robbery, which meant that it violated rules against double punishment. On the other hand, the charges for robbery and assault were allowed to stand since they were considered separate actions. In summary, the decision affirmed most of the judgment and sentences but reversed those related to kidnapping and possession of a firearm.

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F-2012-08

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In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

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F-2011-1019

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In OCCA case No. F-2011-1019, Timmy Howard Dickey appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to modify his conviction to Incest instead. Two judges dissented. Timmy Howard Dickey was tried by a jury and found guilty of Child Sexual Abuse. The trial occurred in the District Court of Caddo County, and the judge sentenced him to 5 years in prison. Dickey was charged with having sex with his 17-year-old niece, B.D. The charges came to light when B.D. reported to the police that Dickey had raped her. Dickey's main argument on appeal was about the definition of a person responsible for the health, safety, or welfare of a child. He claimed that the court didn't have enough evidence to show that he was in a position of responsibility for B.D. at the time of the incident, which was necessary for a conviction of Child Sexual Abuse according to the law. The court agreed with Dickey’s argument, stating that there wasn't enough proof that he was a custodian as defined by the law. The law categorized those responsible for a child’s welfare, and the court found that Dickey did not fit into these categories like parents or legal guardians do. Since the legal definition of custodian requires formal authority granted by a court, and Dickey did not have such authority, the court found his conviction for Child Sexual Abuse could not stand. Even though they found insufficient evidence for that specific charge, the court acknowledged that Dickey did commit a serious crime against B.D. They indicated that it would be more fitting to change his conviction to Incest, recognizing that Dickey admitted to having consensual sex with B.D. during an interview after the incident. Ultimately, the court decided to change Dickey's conviction from Child Sexual Abuse to Incest but kept the sentence at 5 years of imprisonment. The decision was made to send a strong message about the seriousness of the crime. In conclusion, Dickey's charge was modified to recognize the seriousness of his actions, but technically, he was incorrectly charged at first. The judges had different opinions on the case, with two of them disagreeing with the court's decision to alter the conviction.

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F-2012-112

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In OCCA case No. F-2012-112, Gene Freeman Price appealed his conviction for First Degree Burglary. In a published decision, the court decided to reverse and remand for a new trial. One judge dissented. Gene Freeman Price was found guilty of breaking into a building with the intention of committing a crime. He was given a sentence of twelve years in prison. However, Price argued that he did not fully understand his rights before he decided to represent himself in court instead of having a lawyer help him. The court looked closely at the case. They believed the trial court did not do a good job explaining to Price the risks of going to court alone without a lawyer. This meant that Price could not have truly given up his right to a lawyer because he didn't really understand what that meant. The judges decided that because of this mistake, Price's right to have a lawyer was violated. Since this was such a serious error and affected the whole case, the court said they could not ignore it. They ruled that the earlier decision needed to be thrown out, and Price should get a new trial where he could have a lawyer help him.

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S-2011-1115

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In OCCA case No. S-2011-1115, the State of Oklahoma appealed the conviction regarding defendants accused of conspiracy. In a published decision, the court decided that the evidence presented during the preliminary hearing was not enough to support a conspiracy charge against the defendants. The ruling of the lower court was affirmed, and one judge dissented. In this case, the defendants were accused of agreeing to a bribe related to an election. The State claimed that one defendant offered the other a job to persuade her not to run for a Senate seat. The court looked carefully at the evidence and found that there was not enough proof to show that the defendants had a plan to commit a crime together. Thus, their appeal was rejected, and the original decision was upheld, concluding that the charge of conspiracy was not valid based on the information provided.

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C-2011-1119

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In OCCA case No. C-2011-1119, Hollis Michael Anson appealed his conviction for Manufacturing a Controlled Dangerous Substance. In an unpublished decision, the court decided to remand the case for a proper hearing on the motion to withdraw his guilty plea. One judge dissented. Hollis Michael Anson was charged in Osage County District Court with making a controlled dangerous substance. He pleaded guilty, which means he admitted to the crime. After that, he was given a long sentence of twenty-five years in prison. Later, he wanted to take back his guilty plea, so he filed a Motion to Withdraw Guilty Plea. However, the court did not agree with his request after a hearing. In his appeal, Anson claimed there were mistakes made that affected his trial and his plea. He argued that his lawyer had a conflict of interest, which meant that his lawyer could not effectively help him. This was because the same lawyer had worked on his plea and sentencing, which made it hard for the lawyer to clearly represent Anson during the hearing to withdraw his plea. Anson believed that there wasn’t enough proof that he understood what he was pleading guilty to. He also thought that the sentence he received was too harsh. After looking closely at all the details of the case, the court agreed that there was a significant problem with Anson's representation during the motion to withdraw his plea. They found that his lawyer did not provide the help he needed because he couldn't argue properly without pointing out his own mistakes. So, the court said they would send the case back to the lower district court. There, Anson would have the chance to have a different lawyer represent him—one without any conflicts—to properly address his concerns about withdrawing his guilty plea. This was an important decision because it meant Anson would have another chance to argue his case.

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C-2011-592

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In OCCA case No. C-2011-592, Philipe Jean Pace appealed his conviction for Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies. In a published decision, the court decided to grant the writ and allow the Petitioner to withdraw his plea and proceed to trial. One judge dissented. Philipe Jean Pace was charged with a crime and, instead of going to trial, he decided to plead nolo contendere, which means he did not contest the charges. The trial judge accepted his plea and sentenced him to twenty years in prison, but he only had to serve the first ten years. After the plea, Pace wanted to change his mind and asked to withdraw his plea, but the court said no. In his appeal, Pace argued two main points. First, he said he didn't understand what he was doing when he gave up his right to have a lawyer help him. He claimed that he didn't really know what would happen if he represented himself. Second, he believed that he was confused and didn’t make a proper decision to plead guilty. The higher court looked at all the details, including what happened in the trial court. They found that the original court did not really explain to Pace the risks of not having a lawyer. They noted that just because he had signed a form saying he wanted to waive his right to counsel, it didn't mean he actually understood what he was giving up. The judges pointed out that there was no evidence in the record that he was properly informed about the dangers of self-representation or that he clearly stated he wanted to represent himself. Because of these problems, the higher court ruled that the lower court made a mistake when it denied Pace's request to withdraw his plea. They believed it was important for a person to fully understand their rights and the consequences of their choices in court. As a result, the court decided that Pace could withdraw his plea and would be able to have a trial.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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S-2011-0801

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In OCCA case No. S 2011-0801, the State of Oklahoma appealed the conviction of Wendel Hughes for preventing a witness from giving testimony, use of a firearm while committing a felony, and false reports of crime. In an unpublished decision, the court decided to affirm the lower court's ruling that dismissed the charges of preventing a witness from testifying and use of a firearm while committing a felony. One judge dissented. Wendel Hughes was charged in Sequoyah County with three serious offenses. During the preliminary hearing, the magistrate determined that there wasn't enough evidence to support the charges of preventing a witness from giving testimony or using a firearm during a felony. The State thought this decision was wrong and appealed the ruling. The purpose of the preliminary hearing is to see if there is likely enough evidence to believe that a crime happened and that the accused person committed it. The court reviewed the case to check if the lower court made a mistake in its decision. They found that the evidence the State provided was not strong enough to show that Hughes committed the crimes. So, they decided not to change the ruling of the lower court. The court affirmed the dismissal of the two counts against Hughes, meaning they agreed with the previous decision. The judge who disagreed with the majority opinion thought that the evidence should have been enough to go to trial. He argued that the evidence suggested Hughes had intentions to stop the witness from providing testimony and that a jury should decide if he was guilty based on all the facts of the case. In summary, Hughes's charges were dismissed because the courts did not find enough evidence of his wrongdoing based on the information presented during the preliminary hearing.

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RE-2010-819

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In OCCA case No. RE-2010-819, Joshua Dee Taylor appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse-Assault and Battery in Presence of Minors. In an unpublished decision, the court decided to affirm the revocation of three years of his suspended sentence. One judge dissented. Joshua Dee Taylor was sentenced for two crimes: one serious and one misdemeanor. These were combined into a single sentence where he was supposed to serve time in prison but was allowed to stay out under certain rules, like not leaving Oklahoma without permission and taking his medication. However, he got into trouble after the state said he broke the rules of his probation. The state said Taylor didn’t report to his probation officer, left the state without permission, didn’t pay required fees, and had trouble with taking his medications. Because of these violations, the court held a hearing and decided that he had indeed violated the rules. The judge revoked part of his probation, taking away three years of his suspended sentence. In his appeal, Taylor claimed the judge made mistakes in deciding to revoke his probation. He argued that the written order did not match what the judge said in court and that the judge unfairly included conditions that were not agreed upon verbally. He also claimed the decision to revoke was unreasonable because his mental state made it hard for him to follow the instructions. Taylor said he could not pay the probation fees and that there were many errors made during his case. The court looked closely at his arguments. They noticed that there was an error in the written order compared to what was said in court and suggested the lower court fix this. However, they decided that even with this error, the other reasons for revoking his probation were valid, and he still broke the rules by not complying. Even though they acknowledged his points about medication and fees, they agreed that other violations were enough to support the judge’s decision to revoke his probation. They stated that he understood the rules but chose not to follow them. The appeal resulted in the court affirming the revocation while instructing the lower court to correct the paperwork.

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M 2010-1026

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In OCCA case No. M 2010-1026, Luck appealed his conviction for Malicious Mischief. In a published decision, the court decided to affirm the judgment and sentence but vacate the restitution order, remanding the matter for a hearing to determine the correct amount of restitution. No dissent was registered.

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S 2011-0024

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In OCCA case No. S 2011-0024, Joel Christion Aranda appealed his conviction for multiple charges including Use of a Vehicle in Discharge of a Weapon and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the lower court's ruling, which had dismissed several counts against Aranda. One judge dissented, believing there was enough evidence to proceed with some of the charges.

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S 2011-0023

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In OCCA case No. S 2011-0023, David Franco appealed his conviction for several charges related to using a vehicle in the discharge of a weapon, assault and battery with a dangerous weapon, feloniously pointing a firearm, and other related charges. In an unpublished decision, the court decided to affirm the ruling that dismissed some of the charges against him. One judge dissented.

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F-2010-307

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In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.

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RE-2010-293

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In OCCA case No. RE-2010-293, Downs appealed his conviction for a probation violation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. Downs had entered guilty pleas for several crimes in 2004, which included assault and possessing controlled substances. After completing part of his sentence in 2006, some of his time was suspended, meaning he would not have to serve it if he followed the rules of probation. However, in 2008, the State accused him of violating his probation because he was arrested for a new crime. A hearing took place in 2010 where evidence was presented, and the judge found that the State proved Downs had violated his probation. As a result, all of his suspended sentence was revoked. Downs raised several arguments in his appeal, saying the trial judge made mistakes that affected his case. He claimed he was not given enough time to prepare his defense, that the evidence against him was not strong enough, and that he was not allowed to confront witnesses. He also argued that the revocation was for too long and that the judge didn't have the right to revoke his sentence. The court examined each of Downs' claims. They found that it was reasonable for the judge to deny a continuance for more time to prepare, and that the evidence at the hearing was enough to support the revocation of his probation. They also stated that Downs had waived his right to a quick hearing, meaning the 20-day rule that he mentioned did not apply. In the end, the court did agree that there was a small mistake in the length of time noted for the revoked sentence, which needed to be corrected. However, they affirmed the decision to revoke all of Downs' suspended sentences. Thus, the court ordered that a corrected record be made to show the right amount of time for his sentences. The judges all generally agreed on the decision, but one judge had a different opinion.

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J-2010-839

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In OCCA case No. J-2010-839, M.D.M. appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the trial court's denial of M.D.M.'s request for juvenile certification, but reversed the order allowing the State to sentence him as an adult. M.D.M. dissented. M.D.M. was charged as a Youthful Offender and requested to be treated as a juvenile instead. The trial court denied his motion, stating that he could be rehabilitated and that the public would be safe if he was treated as a Youthful Offender. The court's decision was based on facts and evidence presented during the hearing. On appeal, M.D.M. argued that the trial court made several mistakes in denying his request. He believed the written order did not match what was discussed in court and that he was not given a fair chance for rehabilitation while being treated as a Youthful Offender. The court ruled that the trial court's initial decision was reasonable and did not abuse its discretion in treating M.D.M. as a Youthful Offender. However, the court also found that the written order mistakenly stated that M.D.M. should be sentenced as an adult. The court clarified that M.D.M. should be treated as a Youthful Offender if convicted. The decision included guidance for the trial court to ensure that M.D.M.'s case is handled appropriately moving forward.

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