Judicial Proceedings

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 In an unpublished decision, the court decided to affirm her conviction.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-2016-997

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In the case of Jimmie Lee Lovell, the Oklahoma Court of Criminal Appeals reviewed his convictions for First Degree Manslaughter and Driving Under the Influence. Lovell challenged the trial court's denial of his motion to suppress blood test results, arguing he was not given an opportunity for independent testing as required by statute. The court affirmed the trial court's decision, finding no abuse of discretion, since Lovell did not request a sample for independent testing during the proper timeframe. Additionally, Lovell argued that the jury’s verdicts—guilty of First Degree Manslaughter and not guilty of Negligent Homicide—were inconsistent. The appeals court found that no objection had been raised regarding the verdict at trial, and therefore reviewed for plain error, concluding there was no actual error affecting his rights, as the jury’s intent was clear. The court noted a variance between the jury’s recommended punishment in Count II (Ten days and a $1,000 fine) and the subsequent sentence (one year in jail). The case was remanded for correction of this discrepancy. Overall, the court affirmed the judgment and sentence in Count I, affirmed the judgment in Count II, and ordered the trial court to correct the Judgment and Sentence in Count II in accordance with the jury's recommendation.

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F-2016-229

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In OCCA case No. F-2016-229, Marcus Stephon Miller appealed his conviction for murder and possession of a firearm. In an unpublished decision, the court decided to affirm his conviction for possession of a firearm but vacated and remanded his convictions for second-degree murder for resentencing. One judge dissented from the decision to remand for resentencing. Miller was charged with two counts of first-degree murder and one count of possession of a firearm while under supervision. A jury convicted him of lesser charges of second-degree murder for the first two counts and of possession of a firearm for the third count. Miller received sentences of 25 years for each murder count and 5 years for the firearm count, with the sentences scheduled to run one after the other. Miller argued that errors were made during his trial. He claimed that the trial court did not follow the right procedures for splitting his trial into stages, which affected his right to a fair trial. He pointed out that the jury was not properly instructed and that misconduct happened from the prosecution's side. He also believed his lawyer did not help him enough during the trial and that the judge wrongly refused to give him credit for time served in jail before sentencing. After looking over the case, the court found that while the trial had some mistakes, they didn’t actually hurt Miller's case enough to impact the verdict for the possession charge. However, they agreed that the trial court made a significant mistake in how it handled sentencing for the murder counts, mainly because it allowed the jury to consider his previous convictions when they should not have. The court decided that the sentencing for the second-degree murders had to be thrown out and that Miller would need to be resentenced, but his conviction for possession would stay. In dissent, one judge noted that the errors made during trial did not affect Miller's rights since he received a relatively lenient sentence given the seriousness of the crimes he was convicted for. The judge believed that the mistakes did not warrant a new sentencing for the murder counts because the nature of the charges and the consequences indicated that the overall outcome would not change. In conclusion, while Miller's appeal was partly successful, with the court affirming his conviction on one count and ordering a new sentencing for the other two, the dissenting opinion felt that the original sentencing should stand.

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F-2015-909

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In OCCA case No. F-2015-909, Ricky Nolan Ennis appealed his conviction for multiple offenses. In a published decision, the court decided to affirm the convictions but vacated the restitution order and remanded the case for a proper determination of the victim's loss. Ricky Nolan Ennis pled guilty to burglary and domestic assault and battery, with sentencing delayed so he could complete a rehabilitation program. After he completed the program, the court agreed to delay his sentencing for five years. However, later on, the State alleged he violated his probation by committing new crimes. He was tried by jury for these new charges and found not guilty of kidnapping but guilty of assault and battery with a dangerous weapon, assault and battery in the presence of a minor, and threatening violence. The jury recommended various sentences, which the judge followed along with increasing his sentences from the earlier cases due to probation violations. Ennis raised several arguments in his appeal, questioning whether he was properly advised about his right to appeal, claiming he did not plead to the new charges, and arguing that the trial judge considered irrelevant information and that the evidence against him was unfairly prejudicial. Ennis also claimed his attorney did not represent him effectively, that the prosecutor misbehaved, and that the sentences he received were excessive. After a thorough review, the court found Ennis's complaints about not being advised on the right to appeal and other issues did not warrant relief. They noted that he did not raise many of these issues in a timely manner and that most of his claims did not show he was denied a fair trial. However, the court did find an error in how restitution was determined, as there was not enough evidence to justify the amount ordered. Ultimately, the court’s decision affirmed Ennis’s convictions but also required the case to return to the lower court to correctly handle the victim's restitution claim.

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F-2016-179

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In OCCA case No. F-2016-179, John Stanton Lewis appealed his conviction for possession of a controlled dangerous substance and other related offenses. In an unpublished decision, the court decided to affirm Lewis's convictions for three counts and modify his conviction for one count from a felony to a misdemeanor, resulting in a shorter sentence. One judge dissented. Lewis was convicted in a district court for several counts involving drugs and a firearm. The jury sentenced him to different terms, including 15 years for possession of methamphetamine after previous felonies, 2 years for firearm possession, 4 years for marijuana possession, and 90 days for drug paraphernalia. The court made these sentences consecutive and gave him credit for time served. Lewis raised four main arguments on appeal: 1. **Illegal Search**: He argued that evidence against him should not have been used because it was obtained through an illegal search. The court found that the initial entry into his mobile home by law enforcement was legal since it was during a fire incident and they were investigating. Therefore, this argument was denied. 2. **Jury Instructions**: Lewis contended that the jury was not properly instructed on the possible punishments for his offenses, particularly about the enhancement of his charges due to prior convictions. The court agreed that there was a plain error concerning the instruction for the marijuana possession charge, modifying it to reflect a misdemeanor instead of a felony. His sentence for that charge was reduced from four years to one year. 3. **Evidence for Firearm Charge**: He claimed the evidence was insufficient to convict him for possession of a firearm because the state did not prove the firearm he had was capable of firing. The court found that it is not necessary to prove whether the gun could fire for a conviction under the law, so this argument was denied. 4. **Ineffective Counsel**: Lewis argued that his lawyer did not do a good job representing him. The court noted that proving ineffective counsel requires showing that the lawyer's mistakes affected the outcome of the trial. Lewis couldn't prove his lawyer was ineffective in this case because the range of punishment given was correct, and therefore, this claim was denied. Ultimately, the court affirmed the convictions for several charges, but modified the marijuana possession conviction to reflect a misdemeanor resulting in a shorter sentence. The judgments overall were mostly upheld.

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F-2016-549

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In OCCA case No. F-2016-549, Jerome Deshone Hopkins appealed his conviction for Placing Bodily Fluid on a Government Employee. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Jerome deshone Hopkins was found guilty by a jury for a crime related to putting bodily fluid on a government employee. This happened in the District Court of Muskogee County. The jury said he should go to prison for ten years, and the court agreed to give him credit for time he already served. Hopkins didn't think the trial was fair, and he told the court why. He raised several reasons for his appeal. First, he believed the trial court didn’t help him understand how to represent himself. Second, he said there were irrelevant details brought up during the trial that hurt his chances of a fair decision. Third, he mentioned that some actions by the prosecutors were unfair and made the trial unjust for him. He also claimed that mentioning his past felonies using suspended sentences made it harder for him to have a fair trial. Additionally, Hopkins felt that wearing shorts made jurors see him in an unfavorable light, and that being restrained in court was also unfair because it could sway the jurors' opinions of him. He said he wasn’t allowed to have good representation during the trial and believed all these factors together made the trial unfair. The court looked carefully at everything that happened. They found that the trial judge didn’t properly explain to Hopkins what self-representation meant. The court agreed that there should have been a clear warning about the risks of representing oneself without a lawyer. Also, they acknowledged that Hopkins was restrained in a way that was visible to jurors, which could affect how they viewed him. Given these issues, the court decided that Hopkins’s conviction should not stand and that he should have a new trial with proper legal counsel or a better understanding of representing himself if he chooses to do so. The court emphasized that the mistakes made could not be brushed aside as harmless because the right to legal representation is very crucial in ensuring a fair trial.

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F-2016-30

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In OCCA case No. F-2016-30, Ladarius Burnell Kelly appealed his conviction for robbery with a firearm and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but modified the fines associated with the charges. One judge dissented regarding the change in fines. Ladarius Burnell Kelly was charged and found guilty by a jury for committing robbery with a firearm and assault with a dangerous weapon. He received a punishment of 18 years in prison along with a $2,500 fine for the robbery and 2 years in prison with a $2,500 fine for the assault. The sentences were to be served one after the other. Kelly appealed, raising several issues. First, he argued that the witnesses who identified him were not reliable, which he believed violated his rights. However, the court found that the methods used for identification were not overly suggestive and did not mislead the jury. Therefore, his claim was denied. Next, Kelly challenged the evidence presented against him for the assault charge. The court looked at the evidence favorably for the prosecution and determined there was enough proof to support the conviction. The testimony showed that Kelly had threatened to shoot a victim, which the jury could reasonably interpret as an intent to harm, so this argument was also denied. He also argued that he had not received a fair trial due to prosecutorial misconduct. However, the court found that any alleged missteps by the prosecutor didn't significantly impact the fairness of the trial. Because of this, this claim was denied as well. Importantly, Kelly had a point regarding the fines. The court found that the jury was wrongly instructed about the mandatory fines for the charges. They decided to correct this by changing the fine for the assault count to $0 and reducing the fine for the robbery charge to $2,000. Kelly also believed that his lawyer did not do their job effectively, but the court ruled that his claims did not show that the outcome of the trial would have changed if his lawyer had acted differently. In summary, the court upheld Kelly's convictions and changed the financial penalties, showing that while he did not win the major points of his appeal, he was granted some relief on the fines imposed.

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F-2015-561

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In OCCA case No. F-2015-561, Walter LaCurtis Jones appealed his conviction for three crimes: Feloniously Pointing a Firearm, Possession of a Firearm After Former Felony Conviction, and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions and sentences for the first two counts but reversed and dismissed the conviction for Assault and Battery with a Dangerous Weapon. One judge dissented. Walter Jones was found guilty after a trial without a jury. He received seven years in prison for each of the first two counts, which would be served at the same time, and one year in county jail for the third count. The judge also ordered that he would have one year of supervision after his prison time. Jones raised several arguments in his appeal. He argued that there was not enough evidence to support his conviction for Assault and Battery with a Dangerous Weapon, claiming he did not use a dangerous weapon and had no intention to hurt anyone. The court agreed with him on this point and reversed that conviction. For the charge of Feloniously Pointing a Firearm, Jones argued that the gun he pointed at someone was not a real firearm because it was missing a part and could not shoot. However, the court found there was enough evidence to support that he pointed a gun designed to shoot, therefore, they upheld that conviction. In the case of Possession of a Firearm After Former Felony Conviction, Jones contended that the gun could not fire, so he should not have been found guilty. The court decided that it was unnecessary for the gun to be able to fire to prove he had possession of it as a felon, thereby upholding this conviction as well. Lastly, Jones claimed he was facing double punishment for the same crime, which the court did not accept because the two charges involved different actions and did not violate any laws regarding double punishment or double jeopardy. Thus, the court confirmed his sentences for the first two counts while reversing the count for Assault and Battery.

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S-2016-95

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In OCCA case No. S-2016-95, the State of Oklahoma appealed the conviction for acquiring proceeds from illegal drug activity. In an unpublished decision, the court decided to affirm the ruling of the district court that granted a Motion to Suppress evidence. One judge dissented. The case began in Sequoyah County when the driver of a vehicle was stopped for speeding. During the traffic stop, the trooper checked the driver's license and vehicle documents, and after issuing a warning, asked if he could use a drug-sniffing dog on the vehicle. The driver said no and wanted to leave. Despite this, the trooper asked him to get back into the patrol car and moved ahead with deploying the dog. The drug dog found a large amount of cash hidden in the spare tire of the truck. The State appealed the decision saying that the trooper had enough reason to keep the driver there for the drug dog search. The trooper noted that the driver was very nervous, the truck was unusually clean with a strong air freshener scent, and the driver had two cell phones. When a police officer stops someone, they can only keep them there for as long as needed to handle the reason for the stop, which in this case was the speeding. The officer can extend the stop if they have reasonable suspicion that something illegal is happening, but they need solid reasons to do this. In reviewing the trooper's actions, the court looked at the overall situation, including the video from the stop, and decided that the trooper did not have enough reasonable suspicion to keep the driver longer. The factors the trooper mentioned did not add up to a valid reason for the ongoing detention. As a result, the court upheld the lower court's decision to suppress the evidence obtained from the drug dog search, meaning the cash found could not be used against the driver in court. The State’s appeal was denied.

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F-2015-715

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In OCCA case No. F-2015-715, Kevin Judd Lemons appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies, and other related charges. In an unpublished decision, the court decided to modify his sentence to seventeen years in prison and reduce his fine to $10,000.00. One judge dissented regarding how the sentence was amended. The case began with Lemons being charged for drug trafficking and related offenses. During the trial, he was sentenced to twenty-five years in prison and fined $25,000. He argued several points in his appeal, including that the search of his vehicle was illegal, and the evidence against him was insufficient. He also claimed that he received an excessive sentence and that his defense attorney did not represent him well. The court reviewed these arguments carefully. On the first point, the court found that the police did not act improperly during the traffic stop which led to the discovery of drugs and paraphernalia. The court explained that the officers were following the law during the search. Regarding the second point, the court noted that Lemons himself had admitted to his prior felony convictions, which relieved the State from having to further prove these convictions. This meant his claims about insufficient evidence for his previous felonies were not valid for the appeal. For the claim about his sentence being too harsh, the court agreed that Lemons had been sentenced incorrectly under the wrong punishment range. They adjusted the duration of his prison time downward to correct this mistake. They also ruled that the fine imposed was not appropriate under the law, which allowed them to reduce it to a lower amount. Lastly, Lemons contended that his lawyer failed to support him effectively. The court found that most of the points mentioned did not show a serious problem with the representation that would warrant further action. Overall, the court upheld Lemons' conviction but decided to make changes to both his prison time and the fine he had to pay. While most judges agreed, one judge thought that rather than changing the sentence directly, the case should be sent back for a new sentencing hearing.

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F-2014-942

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In OCCA case No. F-2014-942, Eric Josiah Mardis appealed his conviction for Lewd Acts With a Child Under Sixteen and Engaging in a Pattern of Criminal Offenses in Two or More Counties. In a published decision, the court decided to affirm his convictions but modify his sentences. Two judges dissented regarding the sentence modification. Mardis was found guilty by a jury for multiple counts of lewd acts against a child and received very harsh sentences of 100 years for each of the first five counts and 2 years for the last count, which were to be served one after the other. He questioned the fairness of his trial by stating that the prosecution used information from his mental health records improperly. The court found that while the trial had some errors, they did not significantly harm the fairness of the trial regarding his guilt. However, these errors did affect how the jury decided on his punishment, leading to a modification of those sentences. In his appeal, Mardis raised several concerns, including that his long sentences were cruel and unusual since he was a minor when he committed the offenses. The court noted that he was not given a sentence of life without parole and would have a chance for parole after serving part of his sentence. This meant he had an opportunity for early release based on his behavior and rehabilitation. Mardis also questioned whether there was enough evidence to support his convictions and claimed that his right to confront witnesses was violated when the testimony of a physician’s associate was allowed. The court rejected these claims, finding that there was sufficient evidence to support the jury's decision and that the use of some statements for medical diagnosis purposes did not violate his rights. In summary, his convictions were upheld, but due to the mistakes made during the trial, Mardis's sentences were reduced to 50 years each for the first five counts. This means he would serve a total of 52 years with the last count included. The final decision reflected the need for a fair process while recognizing the severe nature of the crimes committed. Mardis's appeal was partially successful, leading to a lesser punishment than initially given, which was seen as a fair outcome given the legal issues at hand.

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F-2014-830

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In OCCA case No. F-2014-830, Cody Wayne Mayfield appealed his conviction for possession of a controlled dangerous substance and failure to stop at a red light. In a published decision, the court decided to reverse Count 2 and remand with instructions to dismiss it, while affirming the other counts. One judge dissented. The case involved Mayfield being found guilty of two counts of possession of a controlled dangerous substance and one count of failure to stop at a red light. He was sentenced to life imprisonment for the drug charges and ten days in jail for the traffic violation. Mayfield raised several points in his appeal. He claimed that being convicted for two types of possession from the same incident violated double jeopardy rules, which protect against being punished twice for the same crime. He also argued that certain evidence presented in court, including information about his past crimes and a photograph of a piece of cellophane, was not relevant and unfairly biased the jury. The court found that the first count of possession was improperly charged alongside the second due to double jeopardy, so they reversed the second charge. However, in relation to the other arguments, the court decided that the admission of the pen packet evidence and the photograph did not greatly affect the trial's outcome. The court also ruled that there wasn’t enough evidence for Mayfield to claim that he wasn't connected to the drugs found in the area. Additionally, Mayfield's complaints about his lawyer's performance did not lead to a different outcome, as the court found the defense wasn't significantly lacking. Finally, the court noted that Mayfield’s life sentence was appropriate and consistent with the law because of his past criminal record. Most of Mayfield's arguments were rejected, leading to the final decision.

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F-2014-974

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In OCCA case No. F-2014-974, Donald Edward Tolliver, Jr. appealed his conviction for Shooting With Intent to Kill. In an unpublished decision, the court decided to affirm the conviction and sentence but vacated the restitution order, requiring a new determination of the victim's losses. One judge dissented. Tolliver was found guilty by a jury and received a thirty-five-year sentence, with thirty-two years suspended. He had to pay over $10,000 in restitution, which he appealed, arguing several points about his trial. He claimed the trial court made several errors. First, he believed the court should have instructed the jury on lesser-included offenses, like Assault and Battery, but the court noted that Tolliver had proclaimed his innocence and did not show he committed any lesser crime. Second, he argued the court should have included an instruction about flight, which might help explain his actions after the shooting. However, because he did not properly ask for this during the trial, the court ruled he could not bring this up on appeal. Third, he accused the prosecution of misconduct, arguing this affected his chance for a fair trial. However, the court found that while some actions by the prosecution could be questionable, they didn't constitute an error that would change the outcome of the trial. In his fourth argument, Tolliver said the court didn't follow proper rules regarding restitution calculations. The appellate court agreed with this point, stating that the evidence did not clearly show the victim's actual losses. Fifth, he argued the thirty-five-year sentence was excessive. The court disagreed, finding the sentence appropriate given the crime. Finally, he claimed that all the errors combined took away his right to a fair trial, but the court noted there wasn’t enough evidence to support this claim either. Ultimately, while Tolliver's conviction and sentence were upheld, the restitution order was sent back to the lower court for further consideration of the victim's financial losses.

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F-2014-524

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In OCCA case No. F-2014-524, Robert Dewayne Cox appealed his conviction for possession of methamphetamine, possession of marijuana, and public intoxication. In an unpublished decision, the court decided that Cox's conviction for misdemeanor possession of marijuana should be reversed, but the other convictions were affirmed. One judge dissented. Cox was found guilty by a jury in the District Court of Bryan County. The jury recommended a ten-year prison sentence for the methamphetamine charge, one day in jail for marijuana possession, and five days for public intoxication. The sentences were ordered to run concurrently. Cox raised several claims in his appeal. He argued that having two convictions for different drug possessions from the same incident was unfair and violated his protections against double punishment. The court found this claim valid and indicated it was a plain error, meaning it was obvious even though it was not raised during the trial. Next, Cox argued the law enforcement did not properly prove that the drugs taken from him were the same ones tested by the crime lab. The court found that he did not show this as an error as there was enough evidence to link the substances to the case. Cox also stated that the jury was influenced by evidence of other bad acts that should not have been admitted. However, the court decided that this evidence was relevant to the case and did not count as an error. Cox claimed that his attorney did not do a good job of defending him, especially regarding the issues he raised in his appeal. The court concluded that since they found a plain error regarding the possession charge, the claim about ineffective assistance was not necessary to address. Finally, Cox argued that the mistakes in the trial added up to deny him a fair trial. The court determined that while there was a mistake in charging him for both drug possessions, it was an isolated incident and did not create a pattern of errors that would warrant a new trial. In summary, the court upheld Cox's convictions for possession of methamphetamine and public intoxication but reversed the conviction for possession of marijuana because he should not have been punished twice for the same action. The case was sent back to the lower court for necessary actions related to this decision.

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F-2013-1073

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In OCCA case No. F-2013-1073, George H. Pinkney appealed his conviction for possession of a controlled substance (marijuana) in the presence of a minor, among other charges. In a published decision, the court decided to modify his sentence for the first count to five years but upheld other convictions. One judge dissented regarding the sentence modification.

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M-2013-918

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In OCCA case No. M-2013-918, the appellant appealed his conviction for direct contempt of court. In a published decision, the court decided to reverse and remand the case for further proceedings. One judge dissented, stating that while the court's warning was correct, the error in not allowing the appellant a chance to be heard was harmless because the appellant's sentence was later reduced.

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F-2013-668

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In OCCA case No. F-2013-668, Aaron M. Holmes appealed his conviction for Possessing A Firearm After Felony Conviction. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Aaron M. Holmes was found guilty by a jury for having a gun after previously being convicted of felonies. The jury sentenced him to life in prison and a fine of $10,000. Holmes appealed the conviction, stating several reasons he believed the trial was unfair. He argued that the prosecutor made mistakes by asking the jury to think about evidence from the first part of the trial in later parts. He also claimed his lawyer didn't help him well and that the jury was unfairly influenced by information about his past sentences, leading to a harsh punishment. The jury did clear Holmes of two other charges related to robbery and assault. During the court's review, it was found that the prosecutor was correct in including evidence from the earlier stages of the trial when discussing Holmes's situation. Because Holmes did not raise this concern during the trial, he could not challenge it fully on appeal. Concerning Holmes's claim about the prosecutor mentioning his past sentences, the court found that this was indeed a mistake since it could affect how the jury decided on his punishment. Because the jury opted for the maximum sentence possible, the court modified Holmes's punishment from life in prison to 30 years. As for the argument about the lawyer, the court decided it didn't make sense to say the lawyer was ineffective since the earlier issue was found not to be an actual error. Thus, this part of Holmes's appeal was denied. The court ultimately decided to keep the conviction but changed the length of the prison sentence to be less than what was initially given.

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J-2014-326

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In OCCA case No. J-2014-326, J.L. appealed his conviction for Assault with a Dangerous Weapon and Carrying a Dangerous Weapon on School Property. In a published decision, the court decided to affirm J.L.’s adjudication of delinquency. One judge dissented. The case began when a petition was filed against J.L. on August 16, 2013, highlighting the two charges. The lower court found J.L. delinquent on April 8, 2014. J.L. argued that the evidence was not enough to show that he intended to harm someone. He also claimed that there wasn’t proof that the knife he had was indeed a dangerous weapon against school rules and that the judge acted like a prosecutor instead of remaining neutral. The court looked at the evidence closely. They needed to see if any reasonable person could find J.L. guilty beyond a reasonable doubt. Despite some conflicting testimony about the events, the evidence presented was enough to support the conclusion that J.L. committed an assault with a dangerous weapon. Regarding J.L.'s second point about the knife, the court determined that photographs provided were adequate to prove that it was a prohibited weapon on school grounds. In the third argument, J.L. said the judge did not stay neutral when he handled the knife in court. The judge asked someone to bring in the knife and then had J.L. confirm that the knife shown was similar to his. Since J.L. didn’t object to this during the trial, he could not complain about it later unless he could prove it was a serious mistake. The court explained that J.L. had to show that there was a real error that changed the outcome of the case. Since he couldn’t show this, the court decided not to take action on his claims. Ultimately, the court upheld the lower court's decision that J.L. was delinquent for the charges against him. The opinion concluded with directions for the lower court to adjust one of the charges to a lesser offense.

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F 2012-1131

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In OCCA case No. F 2012-1131, Antonio Herman Cervantes appealed his conviction for sixty-nine counts of child sexual abuse and one count of child physical abuse. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court while ordering the correction of the sentencing documentation. One judge dissented. Cervantes was found guilty of serious crimes against children and received a significant prison sentence of forty years for each count. The court decided that some counts would be served concurrently, while others would be served consecutively. This meant that Cervantes would spend a long time in prison before being eligible for parole. Cervantes raised several issues in his appeal. First, he argued that the jury instructions at his trial were not correct, but the court found that these instructions were adequate since there were no objections made at the trial. Therefore, the court only looked for plain errors and did not find any. Next, Cervantes claimed that many of his convictions should not have happened because they involved double punishment for the same act. However, the court disagreed, stating that the evidence showed these were separate acts that could be considered individual offenses. Cervantes also thought that the trial judge did not treat him fairly. Yet, since there were no objections to any of the judge's comments during the trial, the court reviewed these comments and concluded that they did not show bias against Cervantes. He further claimed that he was denied a speedy trial. The court reviewed the reasons for trial delays, noting that they mostly stemmed from issues with his defense attorneys and were not caused by the state. The court decided that the delays were not a violation of his rights because he did not demonstrate how he was prejudiced by the wait. Cervantes also argued that there were mistakes in how his previous convictions were presented during the trial, but he did not raise objections when the evidence was introduced, so the court did not find any reversible error. Another point he raised was that the written judgment did not match what was said in court regarding his sentence. The court agreed that his sentencing documents needed to be corrected to reflect the proper orders given during the trial. Cervantes also suggested that his lawyer did not provide effective assistance because he failed to complain about certain aspects during the trial. However, the court found that there was no evidence of how this alleged absence of support affected the outcome of his case. He also noted instances of what he thought was misconduct by the prosecution but concluded that overall, he was not denied a fair trial due to these points. The court found that his sentences were appropriate and did not see any major errors that would warrant changing its earlier decisions. Finally, the court ruled that there was no cumulative effect of errors since no individual error was found to be significant enough to affect the fairness of the trial. Thus, the court affirmed the conviction while ordering the necessary corrections in the documentation of the sentence.

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F-2013-137

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In OCCA case No. F-2013-137, Antonio Catalino Myrie appealed his conviction for burglary in the second degree. In an unpublished decision, the court decided to affirm Myrie's conviction but vacated the $10,000 fine imposed. One judge dissented regarding aspects of the sentencing arguments presented at trial. Antonio Myrie was tried and found guilty by a jury. The jury decided that he would spend thirty-five years in prison and pay a fine for the crime. Myrie appealed this decision, claiming several errors during his trial. He argued that the trial court made mistakes by not allowing him to suppress DNA evidence, not giving him more time to prepare his case, and other issues he thought affected his right to a fair trial. The judges reviewed the claims made by Myrie. They explained that the evidence used in his trial, including the DNA, was evaluated carefully. The judges believed that the trial court's decision to admit the DNA evidence was not a mistake. They also felt that Myrie did not show that he would have won his case even if the DNA had been tested differently. Myrie's other claims included that the court made mistakes in admitting hearsay evidence, which means statements made outside of court that shouldn't be used as evidence in court. The judges found that there was no strong reason to believe this would change the outcome of the trial, so they denied this claim as well. One important point was about how the jury was instructed on the consequences of a conviction. Myrie’s lawyers did not object to the jury instructions, and the judges concluded that one instruction wrongly made it sound like the fine was mandatory. They decided to remove the fine based on this mistake. Myrie also argued about misconduct during the trial, specifically that the prosecutor mentioned too many of his previous convictions, which he believed made the jury biased against him. However, the judges thought that while there were errors in how the prosecutor presented this information, it did not affect the fairness of the trial enough to change the outcome. In the end, the judges agreed that Myrie's punishment was justified given his past actions, and they decided to keep the thirty-five-year prison sentence while removing the fine due to a mistake about the jury instruction. One judge disagreed with parts of the decision, particularly about how the prosecutor argued about Myrie's past, stating it should have a different impact on the sentence. Overall, the court upheld the conviction and modified the fine.

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F-2012-633

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In OCCA case No. F-2012-633, Dre Edward Barham appealed his conviction for Lewd Molestation (Count 2) and Forcible Sodomy (Count 3). In an unpublished decision, the court decided to reverse Barham's conviction for Lewd Molestation, dismissing that charge, but affirmed the conviction for Forcible Sodomy and modified the sentence. One judge dissented. Barham was found guilty by a jury in Nowata County of committing two serious crimes. The jury gave him five years in prison and a fine for Lewd Molestation and twelve years in prison and a fine for Forcible Sodomy. The judge made these sentences consecutive, meaning he must serve them one after the other. Barham appealed, raising several concerns. He first argued that being convicted of both crimes was unfair and against the rules. He said it was like being punished twice for the same thing, which the law does not allow. The court agreed with him on this point and decided to cancel the Lewd Molestation conviction. Next, Barham mentioned that there was not enough proof to say he was guilty of Lewd Molestation, but because that charge was overturned, this argument was no longer needed. He also claimed that evidence from other incidents was unfairly allowed during his trial, but the court found that it was relevant and did not harm his chance for a fair trial. Barham argued that the jury was misled about the penalties they could provide, especially regarding fines, which the court confirmed. They invalidated the fine connected to the Forcible Sodomy conviction because the law did not require it. Barham also believed the prosecutor acted wrongly during the trial, however, the court concluded that he received a fair trial overall and that the prosecutor did not misuse their position. Finally, while Barham's sentence for Forcible Sodomy was modified due to the earlier points discussed, the court stated that the twelve-year sentence was not excessive or shocking. The claims of many errors leading to an unfair trial were mostly found to be untrue, except for the overlapping charges. To summarize, the court confirmed the Forcible Sodomy conviction but reversed the charge of Lewd Molestation, stating that it was not right to convict him of both. Barham's time in prison will be adjusted based on this decision, and the fines linked to those charges will not apply to the overturned conviction.

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F-2013-36

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In OCCA case No. F-2013-36, Jasper appealed his conviction for Conspiracy, Kidnapping, Attempted First Degree Rape, and First Degree Robbery. In an unpublished decision, the court decided to affirm Jasper's convictions but modify the sentence for First Degree Robbery. One judge dissented. Jasper was found guilty by a jury of four serious crimes. For Conspiracy, he was sentenced to ten years and fined $5,000. For Kidnapping, he received a 20-year sentence. Attempted Rape meant he was sentenced to 22.5 years, and for First Degree Robbery, he was given ten years. The sentences were supposed to be served one after the other, which made his total time in prison very long. Jasper raised several arguments on why he thought his convictions should be changed. He argued that the evidence didn't prove he was part of a conspiracy to commit rape, meaning there wasn't enough proof of an agreement to commit a crime. He also claimed that he shouldn't have been punished for both Kidnapping and Attempted Rape because they were connected to the same act. He believed this meant he faced double punishment for the same offense, which should not happen. Regarding his robbery conviction, Jasper contended that he shouldn't be punished for it because of double jeopardy, a rule that stops someone from being tried for the same crime twice. He also claimed the judge made a mistake when telling the jury about the sentence they could give him for robbery, which he believed went against his rights. Another argument was that some evidence presented during the trial wasn't fair and made him look bad but was not relevant to the case. He asserted that a lot of hearsay evidence was introduced that made his trial unfair and that his lawyer didn’t help him properly. After review, the court found that Jasper's conviction for Conspiracy was supported enough by evidence for the jury to make its decision. They ruled that the convictions for Kidnapping and Attempted Rape were also valid because they were considered separate crimes, meaning he could be punished for both. The claim of double jeopardy concerning his robbery conviction was rejected because the crimes he committed had different elements, making each punishment lawful. When it came to the sentencing instructions for First Degree Robbery, the court recognized a clear error since the jury was told wrong information about the possible sentence. They found that the minimum prison term should have been five years instead of ten. Because of this mistake, Jasper’s sentence for First Degree Robbery was modified. Other claims by Jasper about unfair evidence and the effectiveness of his lawyer did not convince the court to overturn his other convictions. The court believed that, aside from the sentencing issue, his trial was fair overall. At the end, the court kept Jasper’s convictions for Conspiracy, Kidnapping, and Attempted First Degree Rape as they were but changed his sentence for First Degree Robbery to five years. Thus, the court’s decision was mostly in favor of maintaining the original verdict and just correcting the sentencing issue.

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RE 2012-0601

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In OCCA case No. RE 2012-0601, Danyale Lamont McCollough appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentences and remand for further proceedings. One judge dissented. Danyale McCollough had pleaded guilty to several charges over the years, which included possession of a firearm and robbery with a firearm. He was given suspended sentences, meaning he would not have to serve time in prison right away, but he had to follow certain rules. If he broke these rules, his suspended sentences could be revoked, and he could go to prison. Later, the State, which is the side that brings charges against people, said that McCollough had committed a new crime. This led to a hearing where a judge decided to revoke his suspended sentences. The judge used some evidence from a different trial to decide this, which McCollough argued was not fair. McCollough said it was wrong for the judge to use evidence from another case without proving it was final. The appeals court agreed with him. They said that the judge had made a mistake by not following the correct legal rules and taking evidence from another trial that was not about the same issues directly related to McCollough’s case. Because of this mistake, the court reversed the revocation of McCollough’s sentences and sent the case back for more review and another chance to prove if he had really violated his probation rules.

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F-2012-170

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In OCCA case No. F-2012-170, Darnell Lamar Wright appealed his conviction for Robbery with a Firearm, False Personation, and Assault while Masked. In an unpublished decision, the court decided to affirm the convictions for Robbery with a Firearm and False Personation but reversed the conviction for Assault while Masked. One judge dissented. The case began when Wright was tried by a jury and found guilty on multiple counts. The jury recommended a life sentence for the robbery charge, four years for false personation, and twenty years for assault while masked. The judge sentenced him accordingly, ordering the sentences to run one after another. Wright raised several issues in his appeal. He argued that the trial court made errors that affected the fairness of his trial. One main concern was about how the court answered a jury question regarding parole eligibility for some of the charges. Wright claimed that the response was confusing and led to misunderstandings about how long he might serve. He also contended that there wasn't enough proof for the false personation charge, and he believed the law about that charge was unclear and unfair. Additionally, he argued that being convicted of both robbery with a firearm and assault while masked for the same act was not right, claiming it violated the principle against double jeopardy. Wright thought that evidence shown during the trial, which wasn’t directly related to him or the robbery, shouldn't have been allowed. He felt that this hurt his right to a fair trial. Lastly, he claimed that many small errors during the trial added up to deny him a fair chance. After reviewing Wright's arguments and the entire case, the court found that there was a valid point in Wright's argument about the assault charge. The court agreed that the attack with a weapon and the robbery were part of the same event and therefore should not both result in separate punishments. However, they found no substantial errors with the other appeals he raised. The judges stated that the original instructions the jury received were clear and that any confusion they had didn’t change the outcome of the trial. They also determined that the law concerning false personation was not vague and that the evidence against Wright was sufficient for the charges. Thus, while the court upheld the convictions for robbery and false personation, they overturned Wright’s conviction for assault while masked, instructing the lower court to dismiss that charge. The decision meant that Wright would have to serve time for the robbery and false personation but not for the assault.

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F-2012-1126

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In OCCA case No. F-2012-1126, Kevon Andra McLaren appealed his convictions for robbery with a firearm and conspiracy to commit robbery with a firearm, among other charges. In a published decision, the court decided to reverse one of the counts of kidnapping while affirming the other convictions. One judge dissented. In the case, McLaren was found guilty of several serious crimes, including robbery, kidnapping, and shooting with intent to kill. The court focused on multiple offenses he committed against several people, determining that some of the convictions did not violate laws against double punishment because they were for different acts against different victims. However, they found one of the kidnapping charges was too similar to a robbery charge; thus, they reversed that particular conviction. Additionally, McLaren challenged the trial court’s decision to order restitution, claiming it did not follow proper procedures. However, the court ruled that he did not raise this issue correctly and that there was enough evidence to support the restitution ordered for the victims. Overall, while the court reversed one conviction, most of McLaren's convictions and sentences were upheld.

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