Jurisdiction

F-2013-812

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In OCCA case No. F-2013-812, Alphie Phillip McKinney appealed his conviction for multiple drug-related offenses, including Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to affirm some of his convictions but also reversed two of them. A dissenting opinion was provided on one of the points regarding multiple punishments. The case involved McKinney being found guilty by a jury of various drug crimes. The jury's recommended punishment included many years of imprisonment and fines. The trial court sentenced him accordingly. McKinney raised several arguments in his appeal, seeking to challenge the fairness of his trial and the legality of his sentences. One major point of contention was whether the prosecutor unfairly excluded certain jurors based on race, claiming violation of equal protection rights. The court decided that McKinney did not prove purposeful discrimination and upheld the decisions made by the trial court regarding jury selection. Another argument was about the prosecutor's questioning related to McKinney’s past drug possession case during the trial. The court found that since McKinney had already spoken about his past, the prosecutor's questions did not harm his case. McKinney’s attempt to argue that his multiple convictions for possession of different drugs should be treated as one was considered. The court found that having several drugs at once can still lead to multiple charges under the law. However, they also concluded that McKinney’s convictions for possession in some counts were in error because he could only be punished once for a single action of possession involving multiple drugs. The court further ruled on McKinney's claims that his punishments for different crimes related to the same act went against legal protections against being punished multiple times for the same behavior. The court agreed with some points raised by McKinney about this and decided to reverse two of his possession convictions. However, they maintained that his trafficking conviction and another possession charge did not violate those protections because they fell under different legal conditions. Lastly, McKinney argued that his attorney did not do a good job representing him during the trial. The court reviewed this claim but decided that he did not show that he had suffered any harm from his attorney’s actions and thus did not grant relief based on this argument. In summary, the judgments in Counts I, II, IV, and VI were upheld, while the judgments in Counts III and V were reversed and sent back with instructions to dismiss those charges. One judge agreed with most of the decision but disagreed on how some arguments about multiple punishments were handled. Another judge also showed support for the prosecution's handling of certain charges but felt differently regarding the evaluation of potential double punishments.

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C-2014-373

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In OCCA case No. C-2014-373, Jack Eugene Metzger appealed his conviction for multiple charges including First Degree Burglary, Larceny of an Automobile, Driving Under the Influence of Alcohol (second offense), Eluding a Police Officer, Violation of Protective Order, and Driving Without a Driver's License. In an unpublished decision, the court decided that Metzger could withdraw his guilty plea for certain counts but denied the request for others. One judge dissented. Metzger entered a guilty plea for several crimes and was sentenced to serve time in prison along with fines. After his plea, he asked to take it back, saying he hadn’t been fully informed. He raised several issues in his appeal, claiming his pleas were not voluntary, the sentences for some charges were illegal, and he didn’t get help from his lawyers when he needed it. The court looked at whether Metzger's pleas were made knowingly and voluntarily. It noted that mistakes were made when explaining the possible punishments for some of the charges. The court decided that while Metzger did understand a lot, there were significant errors in how he was informed about some counts. Since he didn’t receive the correct information on charges related to driving under the influence, eluding police, and violations of protective orders, his plea for those counts was not properly made. Therefore, he was allowed to withdraw his guilty pleas for those specific counts but not for the burglary or larceny charges. In summary, the court allowed Metzger to take back his guilty plea on the counts where he was not informed correctly about the punishment, but it did not agree with his claims regarding other counts.

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C-2013-973

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In OCCA case No. C-2013-973, Nick Rodriguez appealed his conviction for Driving Under the Influence with Great Bodily Injury, Driving a Motor Vehicle While Under the Influence of Alcohol (Subsequent Felony), and Driving with License Revoked. In an unpublished decision, the court decided to affirm the convictions and sentences for Driving Under the Influence with Great Bodily Injury and Driving with License Revoked but to reverse and dismiss the conviction for Driving a Motor Vehicle While Under the Influence of Alcohol (Subsequent Felony). One justice dissented. Rodriguez was charged in Garfield County after entering a plea of nolo contendre, which means he did not contest the charges. He was sentenced to 10 years for each of the first two counts, which were to be served one after the other, while he received a one-year sentence for the last count, to be served at the same time as one of the other sentences. Rodriguez later asked to withdraw his pleas, but the court denied his application. He claimed his appeals were based on four main points: 1) that he should not have been punished for both charges of DUI because it was against the rules, 2) that he did not understand what he was doing when he pleaded guilty, 3) that he did not get good help from his lawyer, and 4) that his sentence was too harsh. The court reviewed his arguments. For the first point, they noted that Rodriguez didn't mention this issue when he first asked to withdraw his pleas, so they couldn't consider it now. The court also found that Rodriguez's pleas were made voluntarily, meaning he understood what he had done. His argument about not having a good lawyer was accepted partly because the lawyer had not raised the double punishment issue. In the end, the court decided to keep the first and third convictions but agreed to toss out the second conviction because it was unfair to punish him twice for the same action. However, they determined that the remaining sentences were suitable based on the situation, meaning they found no reason to change them. Through this decision, the court tried to ensure fairness and that justice was served correctly in the case against Rodriguez.

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S-2013-790

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In OCCA case No. S-2013-790, the State of Oklahoma appealed the conviction of Fowler for Domestic Assault and Battery in the Presence of a Minor. In an unpublished decision, the court decided to uphold the ruling of the trial court, which prohibited the testimony about another incident of domestic violence involving Fowler and his former girlfriend. One judge dissented. Here's a summary of the case. Fowler was charged with domestic violence against his wife, Andrea, in front of their young son. Before the trial, the State wanted to use evidence of past violent behavior by Fowler to strengthen their case. They aimed to show that Fowler had a pattern of violent actions, including a similar incident against a former girlfriend, Terri East, and another against Andrea in the past. However, the trial court allowed some evidence but ultimately decided that the specific incident involving Terri East could not be used in court. The court ruled this evidence was not relevant enough to help prove the current case against Fowler. The judge felt that bringing in this past incident would unfairly bias the jury against Fowler without directly connecting it to the charges at hand. The State argued that the evidence would show a pattern of behavior and that Fowler's actions were not accidental. However, the court found that the two incidents weren't closely related enough to justify including the evidence about Terri East. The court based its decision on legal standards that say other crimes cannot be used simply to paint a bad picture of a person's character. In the end, the court affirmed the trial court's decision, supporting the idea that each case should be proven based on the evidence directly related to the charges, rather than on past actions that might suggest a person is guilty. The case concluded with the court ruling in favor of Fowler, maintaining the exclusion of the evidence against him.

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RE 2013-0672

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In OCCA case No. RE 2013-0672, Wilburn Shawn Crowell appealed his conviction for Assault and Battery-Domestic Abuse. In an unpublished decision, the court decided to reverse the revocation of Crowell's suspended sentence and instructed the lower court to dismiss the case. The State agreed that the trial court did not have the authority to revoke the suspended sentence because it had already expired before the State filed for revocation. One judge dissented.

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RE-2013-279

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In OCCA case No. RE-2013-279, the appellant appealed his conviction for driving under the influence of alcohol and transporting an open container of liquor. In an unpublished decision, the court decided to reverse the revocation of the appellant's suspended sentences, stating that the trial court lost jurisdiction because it did not hold the revocation hearing within the required twenty days after the appellant entered his plea. The decision was made without needing to address the other arguments raised by the appellant. One judge dissented.

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S-2013-140

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In OCCA case No. S-2013-140, Haley appealed his conviction for unlawful possession of marijuana. In a published decision, the court decided to affirm the district court's ruling that dismissed the supplemental information, which had attempted to elevate Haley's charge to a felony. One justice dissented. The State of Oklahoma had originally charged Haley with unlawful possession of marijuana as a subsequent offense, which is a felony, due to his prior felony conviction for possession of methamphetamine with intent to distribute. The district court held that Haley's previous conviction for a different drug offense could not be used to enhance his current charge for marijuana. The case focused on the wording in the law about how to classify repeat offenders. The law specifies that someone can be charged with a felony for a second or subsequent violation of marijuana possession only if their past violations were also under the same marijuana law. Since Haley's previous conviction was for a different substance, the court ruled that it could not be used to upgrade his current marijuana charge. The majority opinion held that the statute must be read as requiring a prior violation of the specific marijuana law to qualify for felony enhancement. The dissenting opinion argued that the law should consider any prior drug conviction to establish the felony status. The dissent believed the majority misinterpreted the intent of the law and that it could lead to confusion in future cases.

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C-2012-1165

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In OCCA case No. C-2012-1165, the petitioner appealed his conviction for Child Abuse or, in the alternative, Enabling Child Abuse. In an unpublished decision, the court decided to remand the case for an evidentiary hearing with conflict-free counsel. One judge dissented. Gabriel Brian Solis entered a type of guilty plea called an Alford plea, where he did not admit guilt but accepted a sentence possibility. He was sentenced to 80 years in prison and a $100 fine. Solis later wanted to take back his plea and filed a request to withdraw it, but this request was denied after two hearings where no real evidence was presented. The court noted that Solis did not get a fair chance to prove why he wanted to withdraw his plea, as he did not have a proper evidentiary hearing where witnesses could provide testimony or be questioned. It was also noted that during the hearing, Solis's attorney might have had a conflict of interest, which meant he could not represent Solis effectively. The court found that the trial judge did not allow enough evidence or witness testimonies at the hearings. Because of these issues, the case was sent back to the lower court so that Solis could have a proper evidentiary hearing with a new, conflict-free attorney. The remaining claims in Solis's appeal were no longer considered necessary since the hearing was to be redone.

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F-2012-914

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In OCCA case No. F-2012-914, Bradley Joe Raymond appealed his conviction for Assault and Battery with a Dangerous Weapon, Domestic Abuse in the Presence of a Minor, and Domestic Abuse by Strangulation. In a published decision, the court decided to affirm the convictions but modified the sentence for one count. One judge dissented. Raymond was found guilty of three serious crimes connected with domestic violence. After the trial in McCurtain County, the jury decided that he should spend life in prison for each count. However, the judge decided that Raymond's sentences for two of the counts would be served at the same time, while the sentence for the third count would be served after the first two. Raymond's appeal included questions about whether the jury received the correct instructions regarding his possible punishments given his past crimes and whether certain evidence presented during the trial might have harmed him. The court found that the jury instructions relating to his first and third counts were correct but that there was a mistake concerning the instructions for the second count of Domestic Abuse in the Presence of a Minor. For the second count, the law at the time stated that certain punishments were not allowed if the crime was a second or later offense. Since the sentencing guidelines given to the jury were incorrect, Raymond’s sentence for that count was changed from life in prison to five years in prison, while the sentences for the other counts remained the same. The appeals court also addressed a concern that some evidence presented during the trial might have caused unfair prejudice to Raymond. After reviewing the evidence, the court determined that it did not find any significant error as it did not affect the overall outcome of the case. The court ultimately confirmed the convictions for the first and third counts and changed the sentence for the second count, ensuring that Raymond would serve five years instead of life for that specific offense.

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S-2013-322

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In OCCA case No. S-2013-322, Ridge appealed his conviction for possession of marijuana. In a published decision, the court decided to affirm the order that suppressed evidence obtained during the investigative detention. One judge dissented. The case began when a police detective observed what he thought was a drug deal involving Ridge. He saw Ridge in his car and another vehicle pull up next to him. Ridge got into the other car briefly, then returned to his own. Suspecting a drug transaction, the detective blocked Ridge's car and approached it. When he smelled marijuana, he questioned Ridge, who initially claimed the other person was just delivering puppy papers. Eventually, Ridge admitted there was marijuana under his seat. Ridge filed a motion to suppress the evidence from this encounter because he argued that the police did not have a good enough reason to stop him. Initially, a different judge denied Ridge's motion. However, after Ridge requested a reconsideration, the case was transferred to another judge, who granted the motion to suppress. The main issues on appeal were whether the new judge should have been able to review the case and whether the detective had enough reason to stop Ridge. The court ruled that the new judge was allowed to reconsider the motion. They stated that earlier rulings on suppression motions were not final and could be evaluated again. Regarding the stop, the court found that the detective did not have sufficient reason to detain Ridge. They stated that just observing Ridge getting in and out of a car was not enough to suspect him of criminal activity. Overall, the court agreed with the district court’s decision to suppress the evidence, meaning it could not be used in court against Ridge.

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F-2012-226

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In OCCA case No. F-2012-226, Johnny Sanders O'Neal, IV appealed his conviction for Second Degree Burglary, Endangering Others While Attempting to Elude a Police Officer, Driving a Motor Vehicle While Under the Influence of Drugs, and Driving While License Under Suspension. In a published decision, the court decided to affirm O'Neal's convictions but modified his sentences, reducing them from 20 years to 15 years for Count 1 (Burglary) and from 25 years to 20 years for Count 2 (Endangering Others), both to be served at the same time. One judge dissented.

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RE-2012-590

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In OCCA case No. RE-2012-590, Todd Aaron Henderson appealed his conviction for Driving Under the Influence of Alcohol. In a published decision, the court decided to reverse and remand the case back to the District Court of Tulsa County with instructions to vacate the order revoking Henderson's suspended sentence and dismiss the State's application to revoke. No judge dissented. Henderson had first entered a guilty plea for Driving Under the Influence in 2009, and his sentence was put on hold while he completed a drug court program. After successfully finishing the program in January 2011, his charge was changed to a misdemeanor, and he was given a one-year suspended sentence. However, in January 2012, he was stopped by police and faced new charges, including a second DUI. Following these new charges, the State requested to revoke his suspended sentence. In June 2012, the court revoked Henderson's suspended sentence based on the new charges. On appeal, Henderson argued that the court did not have the authority to revoke his sentence because the State filed the application for revocation one day after his sentence had completed. The State agreed with Henderson, stating that the trial court lacked jurisdiction to revoke the sentence since the request was submitted after the completion of the suspended sentence. The court ruled in favor of Henderson, reversing the revocation, and ordered the case to be remanded with instructions to dismiss the State's application to revoke his sentence.

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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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S-2012-554

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In OCCA case No. S-2012-553, Frank Lee Armstrong appealed his conviction for unlawful drug charges. In a published decision, the court decided to affirm the district court's ruling that suppressed the evidence obtained during the search of a vehicle occupied by Armstrong and Sheila Carol Johnson. Johnson also appealed her conviction in a related case, S-2012-554. The court found that the law enforcement officers did not execute the search warrant in a timely manner as required, which led to the suppression of the evidence. The judge's determination was based on the conclusion that the search was not conducted immediately as directed by the issuing judge, and therefore, the court upheld the lower court's decision, sustaining the motions to suppress. No dissenting opinion was filed.

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S-2012-553

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In OCCA case No. S-2012-553, Armstrong appealed his conviction for unlawful drug possession and distribution. In a published decision, the court decided to affirm the ruling that evidence obtained during a search of a vehicle occupied by Armstrong and Johnson should be suppressed. Johnson dissented. The case started when police met with an informant who said they could buy methamphetamine from Armstrong. The police observed a controlled purchase of drugs and later obtained a search warrant for Armstrong's home. They executed this search warrant a few days later and found Armstrong and Johnson in a car outside his residence, where they discovered several drug-related items. Both Armstrong and Johnson hired the same lawyer and filed motions to suppress the evidence from the car search. The district court agreed with their argument that the police had not executed the search warrant immediately, as the warrant required. Because of this, the court decided the search was not valid. The appeals court looked into whether the district court had made a mistake. They decided that the court did not abuse its discretion and confirmed the lower court's decision to suppress the evidence. This means that the evidence collected during the search could not be used against them in court. The court emphasized that the terms of the warrant were not followed as required. The ruling highlighted the importance of following legal procedures when executing search warrants. In summary, Armstrong's appeal was not successful, and the ruling to suppress the evidence was upheld.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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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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RE-2011-138

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In OCCA case No. RE-2011-138, the appellant, a man named Steven Wayne Robertson, appealed his conviction for several felonies. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified one of his sentences to a lower term of imprisonment. One judge dissented. Robertson had pleaded guilty to serious crimes including aggravated assault and battery, assault with a dangerous weapon, and other offenses. He had been sentenced to fifteen years in prison, but the execution of that sentence was suspended, meaning he wouldn’t serve time if he followed certain rules in a special program. Later, the state stated that Robertson had broken the rules of the program. He had failed several drug tests and had some run-ins with the law. The judge held a hearing to look into these claims. The evidence showed that Robertson was not following the program's rules and was not cooperating with mental health services. When the judge decided to revoke Robertson’s suspended sentence, he explained that he believed that enough evidence supported this decision. The court also looked at whether original sentences were too long. It was decided that, for the aggravated assault and battery charge, the length of the sentence was more than what the law allowed. Ultimately, while the court upheld the decision to revoke Robertson's sentence for breaking the program rules, they changed his original sentence for one of the charges to the correct legal maximum allowed.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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F-2011-568

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In OCCA case No. F-2011-568, Gary Patrick Ciancio, Jr. appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided to affirm his conviction but modified his sentence. One judge dissented. Ciancio was found guilty of hurting a child, identified as C.D. He was accused of causing burns on C.D.’s hand with a cigarette lighter and hitting C.D. with a belt, leading to severe bruises. The jury sentenced him to 25 years in prison along with a fine. Ciancio argued that his trial was not fair because the court allowed evidence that showed his bad character and past actions that were unrelated to the charges. He also claimed that his lawyer did not help him properly during his trial because the lawyer did not challenge these pieces of evidence. During the trial, C.D. testified that Ciancio was responsible for his injuries and described different ways Ciancio had punished him in the past. Ciancio denied causing the injuries, saying they were accidental. His defense included claims that C.D. got hurt while playing. The court allowed many pieces of evidence that painted Ciancio in a negative light but were not directly related to the specific charges against him. Ciancio's appeals were based on these issues, saying they made his trial unfair. The court noted that while there was a lot of damaging evidence presented against Ciancio, the key facts still proved he was guilty. However, the blend of improper evidence and the lack of objection from Ciancio's lawyer led the court to feel that the sentence might have been unfairly harsh. The court decided that because of the ineffective assistance from his lawyer, Ciancio's sentencing should be reduced from 25 years to 15 years. In conclusion, Ciancio’s conviction was upheld, but his time in prison was reduced due to problems with how his trial was handled.

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C-2012-381

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In OCCA case No. C-2012-381, #1 appealed his conviction for #2. In a (published) decision, the court decided #3. #4 dissented. Gary Alan Stine took an Alford plea, which means he didn't admit guilt but accepted the punishment, to several serious crimes including indecent exposure and rape. He was sentenced to many years in prison, with some parts of his sentences running at the same time. Later, Stine tried to withdraw his guilty plea, claiming his sentence was unfair and that the participation of a guardian ad litem, who looks out for the interests of a child in court, negatively impacted his case. He believed this guardian acted too much like a prosecutor, which he thought was wrong. Stine also thought his lawyer did not help him properly during his case. The court looked carefully at everything, including the original records and what was said in court. They found that Stine's claims about both the guardian's role and his lawyer's performance were not valid. They noted that Stine had properly understood the charges against him and his sentence. Because of this, the court decided there wasn't enough reason to change Stine's plea or his sentence. They agreed that some parts of Stine's requests weren't even considered because they were not raised properly earlier. The court also found there was a mistake in the written document of his sentence that needed correcting, but that was just a small clerical issue, not a bigger problem with his case. In the end, the court denied Stine's petition to withdraw his plea and said they would correct the written sentence to match what was said in court.

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RE 2011-0359

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In OCCA case No. RE 2011-0359, Lorance Ridell Dever appealed his conviction for a violation of probation after pleading guilty to Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse and remand the case, meaning they disagreed with the lower court's decision to revoke his suspended sentence. One judge dissented.

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F-2011-366

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In OCCA case No. F-2011-366, Tony Ray Gipson appealed his conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm the conviction but vacate the sentence of life imprisonment without the possibility of parole and remand the case for resentencing. One judge dissented. Tony Gipson was found guilty of murdering Victor Berryhill by stabbing him multiple times during an argument at a housing complex. The argument arose after tensions escalated between Gipson's brother and Berryhill. Earlier in the night, Gipson had an altercation with his girlfriend, after which he left. When he returned, he saw his brother involved in an argument with Berryhill, which prompted him to stab Berryhill before kicking him. During the trial, Gipson tried to argue that he was acting in defense of his brother, claiming that he was provoked. He raised several issues on appeal, including a challenge to the state’s jurisdiction based on his Indian heritage and the property being classified as Indian country. The court found that the property did not meet the criteria to be considered Indian country under federal law, concluding that the state had jurisdiction to prosecute Gipson. Gipson also argued that the trial court erred in excluding certain statements made by his co-defendant, but the court determined that these statements were not reliable or relevant. The court found no abuse of discretion regarding jury instructions on self-defense or the admission of evidence regarding a prior domestic dispute involving Gipson, even though this evidence may have harmed his chances during sentencing. Ultimately, the court upheld the conviction but decided that Gipson's harsh sentence was likely influenced by the improper admission of evidence relating to his character, which led to the decision to vacate the sentence and order resentencing.

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C-2011-875

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In OCCA case No. C-2011-875, #Edgar Lee Ussery appealed his conviction for #possession of a controlled dangerous substance with intent to distribute. In an #unpublished decision, the court decided #to deny the petition for a writ of certiorari. #No one dissented. In this case, Edgar Lee Ussery entered a guilty plea to two counts of possession with intent to distribute drugs. He did this after a previous felony conviction. By working with the Drug Court program, he hoped to avoid a long prison sentence. However, if he did not complete the program, he faced up to twenty years in prison for each count. Later, the state asked to terminate Ussery's participation in the Drug Court because of new felony charges he faced. The judge agreed, and Ussery was sentenced to twenty years in prison for each count, served at the same time. Ussery wanted to take back his guilty plea, so he asked the court to let him withdraw it. He argued that the court wrongly kicked him out of Drug Court. He also claimed that he didn’t fully understand what he was pleading to at the time. The court looked at these claims. They found that Ussery knew what he was agreeing to when he made his plea. They also decided that the judge wasn't wrong to remove him from Drug Court based on his new felony charges. However, Ussery pointed out some mistakes in the process. He argued that the judgment didn’t show he got credit for the time he had already served and incorrectly said he had two previous felony convictions instead of one. The court agreed that his sentence needed some correction to reflect he would get credit for time served and recognized that only one felony conviction was used for his case. They sent the case back to fix these issues but left the other parts of Ussery’s sentence the same. In conclusion, the court denied his request to withdraw his plea, but they did agree to fix some details about how his conviction was recorded.

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F-2011-4

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In OCCA case No. F-2011-4, Dara D. Payton appealed her conviction for Driving a Motor Vehicle While Under the Influence of Drugs, Second and Subsequent Offense. In an unpublished decision, the court decided to affirm the order of deferment from the District Court. One judge dissented. Payton was found guilty after a bench trial, which is a trial without a jury. The judge decided not to give her a final judgment or sentence right away, instead deferring it for five years. Payton appealed this decision, raising three main points. First, she argued that her arrest should not have happened because it was made outside the officer's jurisdiction, and the officer did not follow the rules for making a citizen's arrest. Second, she claimed that she should not have to pay certain costs and fees because she relies only on disability benefits for her income. Third, she said the written order of deferment did not match what the judge said in court. The court found that Payton's arrest was legal. Even though the officer was outside his normal area, the court believed he was justified in his actions due to fresh pursuit, meaning he was actively following Payton because he saw her breaking the law. The judge stated that the officer followed Payton, observed her erratic driving behavior, and called for more help when Payton could not pass a sobriety test. The arrest was determined to be lawful under the circumstances. Regarding the costs and fees Payton questioned, the court said it could not decide the issue because she had not properly followed the procedures to dispute them. Payton did not request a hearing or show evidence about her financial situation to the court, making it unclear if the costs should be adjusted. For the written deferment order, the court acknowledged that it did not accurately represent what the judge had said. They decided to send the case back to the District Court to fix these errors so that the written order matched what the judge had pronounced in court, specifically that the deferment period would end on December 11, 2015, and that the supervision by the district attorney would only last for the first two years. In summary, while the court agreed with the deferment and found Payton's arrest valid, they also recognized the need to correct the written order to reflect the judge's original statements properly. The judge's conclusions about the case led to an affirmation of the deferment but a remand for the clerical corrections.

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