Lewd Molestation

F-2018-1023

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON LEE SCHEMMER,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-1023** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN 23 2020** **SUMMARY OPINION** **JOHN D. HADDEN** **CLERK** **LUMPKIN, JUDGE:** Appellant, Cameron Lee Schemmer, was tried by the court and convicted of Count 1, Forcible Sodomy, in violation of 21 O.S.2011, § 888, and Counts 2-4, Lewd Molestation, in violation of 21 O.S.2011, § 1123, in Kingfisher County District Court, Case No. CF-2017-96. The trial court sentenced Appellant to twenty years imprisonment with all but the last five years suspended for Count 1. For Counts 2-4, the court sentenced him to twenty-five years imprisonment on each count, to run concurrently to one another but consecutively to the sentence for Count 1. As a result, Appellant will be required to serve 85% of his sentences before becoming eligible for parole, as per 21 O.S.Supp.2015, § 13.1. From this judgment and sentence, Appellant appeals, raising the following propositions of error: **I.** The record in this case does not sufficiently demonstrate that Appellant knowingly and voluntarily waived his right to a jury trial. **II.** Mr. Schemmer received an excessive sentence when the trial court followed the wrong sentencing statute. Upon thorough consideration of these propositions and the entire record, including the original record, transcripts, and briefs of the parties, we find no relief is warranted under the law and evidence presented. **Proposition I:** Appellant argues that the record is insufficient to support a finding that he knowingly and voluntarily waived his right to a jury trial. Since he did not object before the non-jury trial, we review this claim for plain error, as established in *Simpson v. State*, 1994 OK CR 40, 876 P.2d 690. Plain error requires that Appellant demonstrate an actual error that is plain or obvious and affects substantial rights. A defendant may waive their right to a jury trial, but the waiver must be knowingly, competently, and intelligently made. The record shows that prior to trial, the court engaged in a colloquy with Appellant regarding his jury trial waiver. Appellant confirmed his satisfaction with his attorney and expressly indicated his desire to waive the jury trial right. This established a knowing and intelligent waiver by Appellant. Therefore, we deny this proposition as the trial court's assessment was in compliance with the law. **Proposition II:** Appellant contends his sentence is illegal because the Information alleged that R.N. was a child under sixteen, not under twelve. Thus, Appellant argues that the sentencing range should have been from one or three years to twenty years instead of a minimum of twenty-five years, as required when the child is under the age of twelve. Since Appellant failed to object at sentencing, we again look for plain error. The Information indicated that R.N. was under the age of sixteen at the time of the offenses, and the evidence revealed she was ten years old when the abuse began and eleven when it ceased. Appellant was charged under 21 O.S.2011, § 1123(A), which necessitates a minimum of twenty-five years imprisonment when the child is under twelve years of age. A court in a non-jury trial retains the presumption of knowing the law correctly. The facts show that R.N. was indeed under twelve when the offenses occurred, and the court found this circumstance beyond a reasonable doubt. Therefore, the claim of an illegal sentence based on an erroneous application of the statute is without merit. **DECISION:** The **JUDGMENT and SENTENCE is AFFIRMED**. Pursuant to Rule 3.15, the **MANDATE is ORDERED issued** upon this ruling. **APPEARANCES:** **Trial Counsel:** Blayne Allsup **Appellate Counsel for Appellant:** Cindy Brown Danner **Counsel for State:** John Salmon, Assistant District Attorney, and Theodore M. Peepers, Assistant Attorney General. **OPINION BY:** LUMPKIN, J. **COUNSEL FOR THE STATE:** CONCURS **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur in Result **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **KUEHN, V.P.J., CONCURRING IN RESULT:** While I concur with the outcomes reached, I note a discrepancy in the standard of review applied to Proposition I. The burden rests with the State to prove any constitutional error harmless beyond a reasonable doubt, as highlighted in *Chadwell v. State* and *Chapman v. California*. The majority's application of the plain error standard does not recognize this shifting burden adequately. **[Document ends here]**

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F-2018-929

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**Court of Criminal Appeals of Oklahoma** **Case:** Andrew Joseph Revilla v. The State of Oklahoma **Citation:** 2019 OK CR 30 **Date Filed:** December 19, 2019 **Docket Number:** F-2018-929 **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. --- **Overview:** Andrew Joseph Revilla was convicted in Jackson County District Court on two counts of Lewd Molestation of a Minor and one count of Forcible Sodomy, receiving concurrent twenty-year sentences. He raised five propositions of error in his appeal, which the Court addressed. --- ### Propositions of Error **Proposition I - Ineffective Assistance of Counsel:** Revilla claimed ineffective assistance because his counsel failed to file a motion to quash based on insufficient evidence presented at the preliminary hearing. The Court found that the evidentiary standards at a preliminary hearing do not require strict adherence to corroboration rules and that the victim's testimony, along with corroborative evidence, was sufficient for bindover. As such, the claim did not support a finding of ineffective assistance. **Proposition II - Improper Evidence of Other Crimes:** Revilla contended that evidence of his drug use and criminal behavior introduced during cross-examination of character witnesses was prejudicial. The Court noted that this evidence was permissible to challenge the credibility of witnesses. Additionally, defense counsel did not object to this line of questioning, which limited grounds for relief. **Proposition III - Omitting Jury Instruction:** Revilla argued that the trial court improperly omitted an explanation regarding how jurors should treat prior inconsistent statements by the victim. The Court acknowledged the omission but concluded the error did not affect the trial’s outcome since the victim's preliminary statements were not exculpatory. **Proposition IV - Prosecutorial Misconduct:** Revilla alleged various instances of prosecutorial misconduct. The Court found that most complaints lacked timely objections and did not undermine the fairness of the trial. **Proposition V - Cumulative Error:** Revilla asserted that even if individual errors were not significant, their cumulative effect denied him a fair trial. The Court found no cumulative impact from the identified issues. --- ### Decision The Court affirmed the judgment and sentence of the District Court of Jackson County. Revilla's claims of error were denied, and his conviction was upheld. **Mandate ordered upon filing of this decision.** **For Appellant:** Kenny Goza **For Appellee:** Mike Hunter, Attorney General **Judges' Concurrence:** Lewis, Lumpkin, Hudson, Rowland all concurred with the opinion. [**Click Here to Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-929_1734877175.pdf)

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F-2018-678

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The decision from the Oklahoma Court of Criminal Appeals affirms the conviction of Kenneth Oliver Ross for multiple offenses, including lewd molestation and human trafficking of a minor. The court meticulously addressed each of the twelve propositions of error raised by the appellant in their appeal. 1. **Double Punishment**: The court found no double jeopardy in the separate counts of lewd molestation, as they described distinct acts of abuse. 2. **Charge Appropriateness**: The court ruled that human trafficking was properly charged, as the prosecutor had discretion in choosing the relevant statutes. 3. **Sufficiency of Evidence**: Both propositions regarding the sufficiency of evidence for human trafficking were denied, with the court stating that isolated incidents could constitute the crime. 4. **Jury Instructions**: The court upheld the jury instructions given, finding no error in how the law was communicated to the jury. 5. **Ex Post Facto Claims**: The court found no ex post facto violation, indicating that ignorance of the victim's age was not a defense to the charges. 6. **Lesser Included Offenses**: The court ruled that the lack of request for certain lesser-included offense instructions meant review would be under plain error, which the court did not find. 7. **Statutory Clarity**: Propositions regarding the constitutionality and vagueness of the human trafficking statute were denied, with the court upholding the statute's clarity and application. 8. **Sentence Severity**: The court concluded that the 50-year sentence for human trafficking was not shockingly excessive based on the evidence presented. 9. **Cumulative Error**: The final proposition regarding cumulative error was also denied as no individual errors were found. Overall, the appellate court found no merit in any of the propositions and affirmed the original sentence handed down by the district court. The case illustrates the court's rigorous examination of statutory interpretation, jury instructions, evidentiary sufficiency, and statutory vagueness concerns in criminal appeals.

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F-2018-749

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **RALPH WILLIAM SISCO, JR.,** ) Appellant, ) vs. ) **THE STATE OF OKLAHOMA,** ) Appellee. ) **Case No. F-2018-749** ) **FILED** ) **IN COURT OF CRIMINAL APPEALS** STATE OF OKLAHOMA ) **SEP 19 2019** ) **SUMMARY OPINION** JOHN D. HADDEN CLERK ROWLAND, JUDGE: Appellant Ralph William Sisco, Jr. appeals his Judgment and Sentence from the District Court of Nowata County, Case No. CF-2017-123, for Lewd Molestation (Counts 1 and 2), in violation of 21 O.S.Supp.2015, § 1123. The Honorable Curtis L. DeLapp, District Judge, presided over Sisco's jury trial and sentenced him, in accordance with the jury's verdict, to twenty-five years imprisonment on each count, ordered to be served consecutively. The trial court also imposed three years of post-imprisonment supervision. Sisco raises several issues on appeal: 1. **Sufficiency of Evidence**: He questions whether the evidence presented was sufficient to convict him beyond a reasonable doubt for Lewd Molestation in Count 2. The court holds that the State proved each element of the crime beyond a reasonable doubt. 2. **Preliminary Hearing**: Sisco challenges his binding over at the preliminary hearing due to the introduction of hearsay evidence. The court finds he waived his right to challenge this by failing to object during the hearing. 3. **Admission of Other Crimes Evidence**: He contends that the trial court erred by allowing evidence of other crimes and bad acts. The court concludes that the evidence was part of the res gestae of the charged offenses and was properly admissible. 4. **Jury Instructions**: Sisco claims the court erred in not instructing the jury on lesser offenses, including child abuse. The court finds no error; the lack of evidence to support such an instruction means it was not warranted. 5. **Effective Assistance of Counsel**: He argues that he received ineffective assistance of counsel for various reasons, including failure to object to hearsay and other crimes evidence. The court holds that there were no deficiencies in counsel’s performance affecting the trial's outcome. 6. **Consecutive Sentences**: He contends the trial court abused its discretion in ordering his sentences to be served consecutively. The court finds no abuse of discretion in this decision. 7. **Cumulative Errors**: Sisco asserts cumulative errors warrant a new trial. The court finds no individual errors that, taken together, deprived him of a fair trial. **DECISION**: The Judgment and Sentence of the district court is **AFFIRMED**. **OPINION BY**: ROWLAND, J. **LEWIS, P.J.**: Concur **KUEHN, V.P.J.**: Specially Concur **LUMPKIN, J.**: Concur in Results **HUDSON, J.**: Concur **KUEHN, V.P.J., SPECIALLY CONCUR**: I agree that the convictions should be affirmed but note that as to Count II, the evidence does not support an instruction on a lesser offense due to the nature of the charge and the evidence presented. --- **[Full Text Document PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-749_1735218036.pdf)**

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F-2018-531

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In OCCA case No. F-2018-531, Joseph Green Stoker appealed his conviction for Rape by Instrumentation (Count 1) and Lewd Molestation (Count 2). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, meaning Stoker would serve ten years on each count, with the sentences served one after the other. One judge dissented. Stoker argued that he was not allowed to present a proper defense because his witnesses were not allowed to testify. The court found that the trial judge was correct in excluding the evidence because Stoker did not follow the proper legal steps to get those witnesses into the trial. Stoker also claimed that the prosecutor acted unfairly, which made it hard for him to have a fair trial. The court looked at previous cases and decided that what the prosecutor did was not harmful enough to change the outcome of Stoker's trial. Another point made by Stoker was that his lawyer did not do a good job defending him. However, the court said Stoker could not prove that this lack of help from his lawyer actually affected the outcome of the trial. Finally, Stoker complained that the trial court wrongly ordered him to pay some costs while he was still in prison. The court explained that there are laws that allow part of an inmate's earnings in prison to be used for paying court fees, so they found no error in the judge's decision. Overall, the court did not find any mistakes significant enough to affect Stoker's conviction or sentencing, so they upheld the original decision.

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C-2017-1036

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**IN THE COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **MAY 23, 2019** **DANA MECHELE LANGLEY,** Petitioner, vs. **THE STATE OF OKLAHOMA,** Respondent. **Case No. C-2017-1036** **SUMMARY OPINION DENYING CERTIORARI** **HUDSON, JUDGE:** Petitioner Dana Mechele Langley was charged in the Tulsa County District Court with multiple counts, including **Lewd Molestation**, **Enabling Child Sexual Abuse**, and **Child Sexual Abuse**. Langley entered a blind plea of guilty to these charges on June 19, 2017. Following a hearing, Judge Sharon K. Holmes sentenced her to significant prison terms. On September 6, 2017, Langley, through her counsel, filed an application to withdraw her guilty plea, which led to the appointment of conflict counsel. After a hearing, her request was denied. Langley then sought a writ of certiorari, raising three propositions of error: 1. The trial court's denial of the motion to withdraw her guilty plea was plain error and an abuse of discretion due to an inadequate factual basis. 2. Denial of effective assistance of counsel during both the plea hearing and the plea withdrawal hearing. 3. The sentences imposed were excessive given the circumstances. **DECISION:** After reviewing the complete record, including transcripts and exhibits, the Court found no grounds for relief. **Proposition I:** The claim regarding the factual basis for the lewd molestation counts was not raised at the withdrawal hearing; thus, it was procedurally defective and not properly before the Court. **Proposition II:** The ineffective assistance claim was similarly waived as it was not included in her motion to withdraw. Furthermore, the Court found sufficient evidence supporting the factual basis of her pleas, dismissing claims about the inadequacy of representation. **Proposition III:** The sentences were consistent with statutory ranges and did not shock the conscience of the Court. **CONCLUSION:** The Petition for Writ of Certiorari is **DENIED**, and the judgment and sentence from the district court are **AFFIRMED**. **Pursuant to Rule 3.15, RULES OF THE OKLAHOMA COURT OF CRIMINAL APPEALS, the MANDATE is ORDERED issued upon delivery and filing of this decision.** --- **Click Here To Download PDF** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1036-1_1733900854.pdf)

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S-2016-163

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In OCCA case No. S-2016-163, Stites appealed his conviction for Child Sexual Abuse and Lewd Molestation. In a published decision, the court decided to affirm the lower court's ruling, which had dismissed one count of Child Sexual Abuse and amended another to Lewd Molestation. One judge dissented.

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F-2015-886

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In OCCA case No. F-2015-886, Russell Carl McCrillis appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the judgment but remand the case for the trial court to assess a specific term of years for post-imprisonment supervision. One judge dissented. McCrillis was convicted in a jury trial and received a twenty-year prison sentence and a $20,000 fine for each count of lewd molestation. The sentences were ordered to be served at the same time. McCrillis raised several issues in his appeal. He claimed that his statement to the police should not have been allowed at trial because it was not made freely and voluntarily. He also argued that the jury should have been instructed about the voluntariness of his statement. Additionally, he pointed out that the trial court could not change his sentence to an indefinite probation after prison. Finally, he believed his sentences were too harsh. The court looked closely at whether McCrillis's statement to the police was voluntary and found that he had waived his rights properly and given his statement willingly. This meant the trial court did not make a mistake when it allowed the statement to be presented during the trial. The court did notice that while the judge should have instructed the jury on the voluntary nature of his confession, the lack of instruction didn’t really have an impact on the trial's outcome, as there was strong enough evidence against McCrillis. Regarding the trial court's authority to modify the sentence, the court agreed that it should have set a clear term for post-imprisonment supervision, which means after McCrillis serves his time, he should be supervised for a set number of years. The law says people convicted of certain crimes, like lewd molestation, must have a period of supervision after serving time, usually between nine months and a year. However, there is also a specific law stating that in cases of sexual offenses, supervision could be longer. The court noted that the trial judge didn’t give a fixed duration for supervision, which was a mistake. In the end, while the court agreed with McCrillis on the need for a specified period of supervision upon release, it found that his twenty-year sentence was not too severe based on the details of the crimes committed. Therefore, the court upheld the conviction but sent the case back to have the trial court determine the proper length of post-imprisonment supervision.

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F-2014-1078

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In OCCA case No. F-2014-1078, Robert Bradley Champlain appealed his conviction for three counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his judgment and sentence but vacated the imposition of post-imprisonment supervision. One judge dissented. The case involved allegations against Champlain for inappropriate conduct with a minor, and a jury found him guilty. Each count resulted in a recommendation for life imprisonment, to be served consecutively. Champlain raised several arguments on appeal, claiming errors in the trial process, including the imposition of consecutive sentences as a punishment for opting for a jury trial and issues regarding evidence of his past convictions. The court did not find merit in these claims. It clarified that the determination of consecutive versus concurrent sentences is within the trial court's discretion. The court also concluded that prior felony convictions had been proven properly, with no significant errors affecting Champlain's rights during the trial. They explained that the State's evidence was sufficient for the jury to uphold the conviction. Champlain also argued that the conduct of the prosecution and the trial court's instructions were unfair. However, the court stated that the issues raised did not prove any misconduct that made the trial fundamentally unfair. His claims regarding ineffective assistance from his counsel were also dismissed, as the court did not see a failure that affected the outcome of the trial. While Champlain did receive life sentences, the court vacated the post-imprisonment supervision, stating it was not applicable in cases of life sentences. In conclusion, the court affirmed the conviction and sentence while correcting certain references related to the timing of the offenses.

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F-2013-1199

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In OCCA case No. F-2013-1199, Gene Douglas Graham appealed his conviction for lewd molestation. In a published decision, the court decided to reverse his conviction and order a new trial. One judge dissented. Gene Douglas Graham was found guilty by a jury for lewd molestation, which is against the law. The jury decided that he should spend twenty-five years in prison. However, the judge took some time off his sentence and said he would only have to serve thirteen years and pay a fine. During the trial, Gene's arguments for appeal included that there wasn't enough evidence to prove he did something wrong, that he couldn't present a defense, and that he didn’t get a fair trial. Specifically, he said the judge made a mistake by not letting him talk about an eviction notice he received, which he thought was important to show that he knew about the accusations before he made a statement to the police. The court decided that the judge had made a mistake by not allowing Gene to talk about the eviction notice and that it was important for his defense. They believed that not being able to mention it could have affected the jury's decision. Even though the State had a strong case, the jury was still confused because they found him not guilty on two other counts related to the same victim. The judge also mentioned that talking about Gene's right to stay silent when the police questioned him was wrong and should not have happened. Gene’s lawyer didn’t object to this at the trial, so it complicated the case. However, since they found other problems, they reversed the conviction and decided he needed a new trial. In the end, the court agreed that Gene had not been treated fairly during his trial, leading them to reverse the decision and start over. This means they felt important evidence was wrongfully kept out and that he was not given a fair chance to defend himself.

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RE-2014-392

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In OCCA case No. RE-2014-392, the appellant appealed his conviction for lewd molestation and rape in the first degree. In an unpublished decision, the court decided to affirm the revocation of the appellant's suspended sentences, but they vacated the one-year period of post-imprisonment supervision. One judge dissented.

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C-2014-139

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In OCCA case No. C-2014-139, Clifford Eugene Teel appealed his conviction for lewd molestation, forcible sodomy, and indecent exposure. In an unpublished decision, the court decided to grant his request to withdraw his guilty pleas and allowed him to enter new pleas for the charges. The dissenting opinion was not specified. Teel had entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. The judge sentenced him to a total of twenty years for some charges and ten years for another, all to be served together. Later, Teel wanted to change his plea because he believed he had been given wrong information about the length of his possible prison time. He thought he could get life in prison, but it turned out that the maximum punishment for his charges was actually much less. Teel's claims were that he did not get proper advice from his lawyer and that the judge did not explain the correct punishments before he accepted the plea. During a review, it was found that the trial court had indeed not informed him right about the maximum punishments he faced. The Attorney General even admitted there was a mistake in how Teel was advised. The court decided that since Teel's plea was not made knowingly and voluntarily due to the wrong advice, he should be allowed to withdraw his guilty plea and enter new ones concerning his charges. The original judgment and sentence from the District Court were reversed, and the case was sent back for further actions.

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SR-2013-1187

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In OCCA case No. SR-2013-1187, the State appealed the conviction of Carson for lewd molestation. In an unpublished decision, the court decided to affirm the district court's ruling. One judge dissented. Carson was charged with six counts of lewd molestation. A jury found him not guilty on three charges and couldn’t make a decision on the other three, which are still unresolved. The appeal centered around whether the district court made the right call when allowing evidence about past sexual abuse involving a different perpetrator. The State argued that this evidence should not have been allowed under a law known as the Rape Shield statute, designed to protect victims by limiting the introduction of their past sexual behavior. The district court, however, let the defense question the victim about these other incidents. The State believed this was a mistake and wanted the court to review the evidence ruling. However, the court decided not to do so. They trust the trial court's judgment on these matters unless there is clear proof of a mistake. The court said the State did not show that the trial court made an error in allowing the evidence. In summary, the OCCA upheld the decision made by the district court, ruling that they acted within their rights, and the case for Carson was allowed to stand as it was.

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J-2014-108

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In OCCA case No. J-2014-108, C.E.B. appealed his conviction for Lewd Molestation and First Degree Rape. In a published decision, the court decided to reverse the lower court's sentencing order. A dissenting opinion was not noted. C.E.B. was charged as a youthful offender when he was only 15 years old for serious offenses involving a younger relative. He initially pleaded guilty to these charges and was sentenced to a rehabilitation program rather than prison. His time in the program was monitored by the Office of Juvenile Affairs, which recommended that he could successfully complete his treatment. The court emphasized that upon successful completion, charges could be dismissed. Despite showing progress and completing his treatment program, the District Court later sentenced C.E.B. to prison as an adult, which contradicted the earlier agreements regarding his rehabilitation. The State had initially indicated that his completion of the program would lead to dismissal, yet pursued a harsher sentence instead. The Appeals Court found that the lower court abused its discretion. C.E.B. had completed his rehabilitation successfully, and there was no extensive evidence to suggest he posed a threat that would require adult sentencing. The State failed to follow the proper procedures for transferring him to adult custody and should not have ignored the earlier agreements about his rehabilitation. Ultimately, the court ordered that C.E.B.'s case be dismissed, his name removed from the sex offender registry, and that his record be expunged. He was to be released from custody right away, confirming the importance of fair legal processes, especially for youthful offenders.

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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-2012-545

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In OCCA case No. F-2012-545, Jimmy Dale Stone appealed his conviction for lewd molestation. In an unpublished decision, the court decided to reverse and remand his convictions for a new trial. One judge dissented. Jimmy was found guilty by a jury on several counts of lewd molestation involving children. He was sentenced to a total of eight years in prison, with some of the sentences running one after the other and one running at the same time as another. He had to serve a majority of his sentence before he could be considered for parole. On appeal, Jimmy raised several important points. He argued that the judge didn’t explain all the important parts of the law about lewd molestation to the jury. He believed the evidence used against him wasn’t enough to prove he had done anything wrong. He claimed that the jury was influenced by people who talked about the case before it started. He felt he was not given a fair chance at trial because of things the prosecutor said about the victims. Also, he said he should have had money for an expert witness to help prove his side. He believed that presenting other crimes as evidence was unfair. Finally, he argued that all these mistakes together affected the fairness of his trial. The main issue that the court found was a big mistake in how the jury was instructed about the law. There are specific things that must be proven to convict someone of lewd molestation. To be found guilty, it must be shown that the defendant knowingly did something wrong and that they intended to do it. This was not explained correctly to the jury during the trial. The court found that some parts of the legal instructions given did not include important elements needed to prove the case. Although there was an argument about whether this error was harmful, the court decided it was serious enough to affect the outcome of the trial. They concluded that omitting the requirement that the defendant acted knowingly and intentionally could have changed how the jury viewed the evidence and questions raised during the trial. Since the evidence against him was not overwhelming enough to guarantee he was guilty regardless of these instructions, the decision was made to reverse the conviction. Because of this significant error, the court said that Jimmy should get a new trial where the jury would be properly instructed on the law. The other issues he raised in his appeal were not discussed because the main error already warranted a new trial.

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F 2012-639

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In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

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RE 2012-0711

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In OCCA case No. RE 2012-0711, Creekmore appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse the order revoking Creekmore's suspended sentence and remand for a new hearing. One member of the court dissented.

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F-2011-1062

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In OCCA case No. F-2011-1062, Scott Allen Phillips appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm Phillips' conviction and sentence, but remanded the case for consideration of whether Phillips' sentence should be suspended. One judge dissented. Scott Allen Phillips was found guilty by a jury of Lewd Molestation, which is a serious crime involving inappropriate touching of a child. He was sentenced to 25 years in prison, during which he must serve at least 85% before he can be considered for parole. Phillips claimed there were several errors during his trial that should lead to his conviction being overturned. Phillips argued that the prosecutor presented too many instances of inappropriate touching without clearly stating which one he was being accused of for the charge. He also believed there wasn't enough evidence to support the conviction. Additionally, he stated that the judge's decision not to consider a less severe punishment for him was unfair because he exercised his right to a jury trial. Phillips raised multiple issues during the appeal. The court looked at arguments closely and decided that the prosecutor's actions were correct and that they followed the law. They found that there were enough facts for the jury to conclude that Phillips had molested the child. The judges pointed out that the jury's role is to decide who they believe and what evidence to trust. Regarding the sentencing process, the judges noted that the trial judge didn't consider Phillips' request for a lesser sentence. This became important because a judge is expected to think about such requests carefully, regardless of whether the defendant went to trial. This is why the court decided to give the case back to the lower court for a fresh look at Phillips' request for a suspended sentence. Another major point Phillips raised was his concern about how the trial was handled. He asked to speak with jurors after the trial ended, hoping to gather more insight about their decision. However, the court said this was not allowed because jurors cannot discuss their deliberations or decisions after the trial is over. The court also examined the use of videotaped evidence during the trial. Phillips complained that the videos of the alleged victim’s statements should not have been shown again to the jurors while they were discussing. However, the judges felt the decision to show the videos was acceptable and did not harm Phillips' chances at a fair trial. Ultimately, the judges concluded that they would not disturb Phillips' conviction since there was sufficient evidence and no significant errors during the trial that affected the outcome. However, they did want the lower court to look again at Phillips' request for a suspension of his sentence, ensuring he had a fair chance at having that request reviewed properly. In conclusion, the court affirmed the conviction and sentence while allowing the opportunity for reconsideration regarding the potential suspension of the sentence, which shows that even in serious cases, there are processes in place to ensure fair treatment under the law.

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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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F-2010-547

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In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.

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J 2011-0475

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In OCCA case No. J 2011-0475, the appellant appealed his conviction for rape and lewd molestation. In a published decision, the court decided to reverse the order of the District Court denying the appellant's motion for certification as a juvenile and remanded the case to be dismissed. One judge dissented.

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F-2010-615

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In OCCA case No. F-2010-615, Lawrence Grant Stewart appealed his conviction for several crimes involving child sexual abuse. In an unpublished decision, the court decided to reverse one count due to double punishment but affirmed the rest of the convictions. One judge dissented. Lawrence Grant Stewart was found guilty by a jury for multiple crimes, including lewd molestation, rape by instrumentation, and child sexual abuse. The jury recommended long prison sentences for each of the counts, leading to a total of several decades in prison. Stewart's appeal raised several issues regarding his trial and convictions. One point of appeal was that Stewart did not get effective help from his lawyer during the trial. He argued that his lawyer shared too much personal information with the jury, which he believed should not have been revealed. However, the court found that the lawyer's decisions were made to help Stewart and did not seriously harm his chances in the case. Stewart also claimed that he received multiple sentences for the same behavior, which he believed violated his rights. The court agreed in part, particularly regarding one count of child sexual abuse, and decided to reverse that count and dismiss it. However, they found that separate punishments for the other crimes were appropriate since they involved different actions. Lastly, Stewart argued that the sentences he received should not be served one after the other (consecutively), but the court decided the original judge made the right choice in this matter. In summary, while some of Stewart's appeal points were accepted and one count was reversed, most of his convictions remained upheld.

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C-2010-765

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In OCCA case No. C-2010-765, Polk appealed his conviction for multiple counts including Child Sexual Abuse, First Degree Rape by Instrumentation, Kidnapping, and Lewd Molestation. In an unpublished decision, the court decided to grant his appeal in part by reversing and dismissing the conviction for Lewd Molestation but affirmed the other convictions. One judge dissented.

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RE 2010-0600

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In OCCA case No. RE 2010-0600, Beau Ashley Kifer appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for two of the counts but reversed the revocation for the other two counts because the court did not have the authority to act on those counts since the sentences had already expired. One judge dissented.

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