In OCCA case No. F-2007-165, the appellant appealed his conviction for Child Sexual Abuse and Child Abuse. In an unpublished decision, the court decided that while the appellant's argument about multiple punishments was not needed for reversing the conviction, the sentences had to be modified to run concurrently. One judge disagreed with the decision to modify the sentences.
In OCCA case No. F-2005-640, Don Edward Seely appealed his conviction for Burglary in the First Degree and Assault & Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to a term of twenty years on each count. One judge dissented. Don Edward Seely was found guilty by a jury. He committed serious crimes, and the jury thought he deserved a long sentence. The judge gave him 21 years for each crime, which would mean he would spend a lot of time in prison. However, there was a problem with how the jury was told to decide the punishment. The judge had made a mistake in telling the jury how long they could send someone to prison for these crimes. Because of this mistake, the court shortened his sentences to 20 years for each crime. Seely argued that the sentences were too long and that he didn't get good help from his lawyer. He also thought the judge should have talked to the jury about some of their questions. While looking through Seely's claims, the court found that most of his arguments were not strong enough to change what happened. They decided that since Seely had previously committed crimes, a total sentence of 40 years (two 20-year sentences) was not surprising or unfair. Seely was not able to prove that his lawyer had made mistakes that would change the outcome of the trial. The court said that even if his lawyer had tried harder, it would not have helped Seely very much. The court also talked about some other things Seely wanted to do, like ask for new trials or present new evidence. However, they decided that redoing the trial was not necessary, especially since they already changed the sentences. Overall, the court agreed with the jury's decision about Seely's guilt but adjusted the punishment because of the earlier error.