F-2009-149
In OCCA case No. F-2009-149, Kenneth Clark Knox appealed his conviction for Sexual Battery. In a published decision, the court decided to affirm the conviction but vacate the three years of post-imprisonment supervision. One judge dissented. The case began when Kenneth Knox was tried by a jury and found guilty of Sexual Battery after having previously been convicted of more than two felonies. The jury recommended a punishment of four years in prison, which the trial court imposed, along with three years of supervision after prison. Knox appealed for several reasons. First, he argued that the evidence presented by the State was not strong enough to prove that he committed sexual battery. He believed that the conviction should be overturned and the charges dismissed. However, the court found that, when looking at the evidence favorably for the State, there was enough proof for a reasonable jury to conclude that Knox touched the victim inappropriately. Second, Knox claimed that the law regarding post-imprisonment supervision was not in effect when he committed the crime, so the three years of supervision imposed by the court should be canceled. The court agreed, explaining that the law was only effective after the crime took place, meaning Knox should not have been sentenced to post-prison supervision under that law. Lastly, Knox suggested that if the court did not agree with his other points, they should fix the written judgment to match what the judge said during sentencing. The court decided that they would vacate the supervision requirement and instructed the lower court to correct the judgment to show that Knox's sentence was only four years in prison. In conclusion, while Knox's conviction remained, the court removed the extra three years of supervision from his sentence. The case has been sent back to the lower court to make the necessary changes to the judgment.