Life Imprisonment

F-2018-780

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In OCCA case No. F-2018-780, Rawson appealed his conviction for lewd or indecent acts to a child under 16. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. Rawson was found guilty by a jury for multiple counts of lewd acts against a child. The jury recommended life imprisonment for each count, and the trial court imposed the sentences to run one after the other. Rawson challenged his conviction, claiming that the jury was not adequately instructed on the specific acts he allegedly committed. He did not argue that the law was incorrectly stated, just that the instructions should have outlined the acts in more detail. The court explained that instructions for juries are meant to accurately convey applicable law, and in this case, they properly followed the Oklahoma Uniform Jury Instructions. The trial court had provided sufficient instructions, describing the necessary elements that the prosecution needed to prove for each count. Even though Rawson's defense wanted more specificity in the instructions, the court found that the jury was clearly informed about the nature of the charges against him. Since he did not dispute the proof of the allegations or claim that the law was wrongly applied, the court decided that there was no abuse of discretion and upheld the original decision. In conclusion, the court affirmed Rawson's conviction, and the case was officially closed with no errors found in the trial process.

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F-2018-12

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In OCCA case No. F-2018-12, the appellant appealed his conviction for first-degree rape by instrumentation and misdemeanor assault and battery. In a published decision, the court decided to affirm his conviction and sentence of life imprisonment for the rape conviction. One judge dissented. The case involved Daniel Bryan Kelley, who was initially sentenced to twenty years for rape following a jury trial. He appealed that decision, and the Court agreed that there had been a mistake involving the use of a past out-of-state conviction for sentence enhancement. They sent the case back for a new sentencing trial. The second trial resulted in a life sentence. Kelley argued that he had ineffective assistance from his appellate lawyer because he was not informed about the risks of a longer sentence should he win the appeal. However, the court found no clear evidence that he would have chosen to do anything differently had he been fully informed beforehand. Kelley also wanted the court to limit his new sentence to twenty years, but the court explained that upon retrial or resentencing, the complete range of punishment is available. Therefore, they refused his request to cap the current sentence. Finally, Kelley claimed that the life sentence was excessive. The court considered the nature of his crime and his history, stating that the sentence was within the legal limit and justified based on the circumstances of the case. As a result, the court concluded that his life sentence did not shock the conscience and upheld the previous decisions regarding his case.

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F-2018-629

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**IN THE COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **BRIAN KEITH FULLERTON,** Appellant, vs. **THE STATE OF OKLAHOMA,** Appellee. **No. F-2018-629** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA SEP 26 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Brian Keith Fullerton, was convicted by a jury in Oklahoma County District Court, Case No. CF-2016-4430, of four counts of Lewd Acts with a Child Under Sixteen. The Honorable Bill Graves, District Judge, sentenced him in accordance with the jury's recommendation to life imprisonment on each count, with the sentences to be served as follows: two pairs of life terms to run concurrently, with one pair served consecutively to the other. Appellant must serve 85% of each sentence before being considered for parole. Appellant raises four propositions of error in support of his appeal: **PROPOSITION I:** The evidence is insufficient to sustain a conviction for both Count 1 and Count 2 Lewd Acts with a Child Under the Age of Sixteen because the State failed to prove Mr. Fullerton touched L.D. on the vagina more than once. **PROPOSITION II:** The information filed in this case was insufficient as it failed to apprize Mr. Fullerton of what he was charged with and was not specific enough to allow him to plead former jeopardy should the State seek to file other charges, in violation of the due process clauses of the Federal and State Constitutions. **PROPOSITION III:** The prosecutors invoked improper sympathy toward the victim, L.D., and appealed to the jury's emotions, violating Mr. Fullerton's right to a fair trial. **PROPOSITION IV:** Trial errors, when considered in an accumulative fashion, warrant a new trial. After thorough consideration of these propositions, the briefs of the parties, and the record on appeal, we affirm. **Analysis of Propositions:** 1. **Proposition I:** Appellant claims the victim's statements were too vague for the jury to reasonably find he committed the acts described in Counts 1 and 2 more than once. However, the Court found the victim's consistent statements to family, the forensic interviewer, and her anatomical drawing support the conviction on both counts. The evidence was deemed sufficient as per precedent. 2. **Proposition II:** The Court noted that since Appellant did not challenge the specificity of the Information at trial, this complaint was waived except for plain error. The factual allegations of the Information were sufficient for Appellant to prepare a defense and to advance a plea of former jeopardy for similar subsequent charges. No error was found. 3. **Proposition III:** Appellant argued that the prosecutor's closing remarks improperly invoked sympathy for the victim. With no objection raised at the time of the closing argument, the Court reviewed for plain error and found no basis for relief, as the comments were grounded in the evidence presented at trial. 4. **Proposition IV:** The Court determined that since no errors were identified in the prior propositions, there could not be cumulative error. **DECISION:** The Judgment and Sentence of the District Court of Oklahoma County is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY** **THE HONORABLE BILL GRAVES, DISTRICT JUDGE** **ATTORNEYS AT TRIAL** KENDA MCINTOSH MELTEM KARLA TANKUT ASST. PUBLIC DEFENDER OKLAHOMA COUNTY **ATTORNEYS ON APPEAL** HALLIE ELIZABETH BOVOS ASST. PUBLIC DEFENDER OKLAHOMA COUNTY **COUNSEL FOR DEFENDANT** **COUNSEL FOR APPELLEE** MEREDITH EASTER MIKE HUNTER MCKENZIE MCMAHAN ASST. DISTRICT ATTORNEYS OKLAHOMA COUNTY --- **OPINION BY KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR IN RESULTS** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR**

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F 2018-0812

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In the Court of Criminal Appeals of the State of Oklahoma, the case of Cesar Jurado is summarized as follows: **Background:** Cesar Jurado pled guilty in multiple cases in December 2015, including felonies for Possession of a Controlled Dangerous Substance With Intent to Distribute, among other charges. After completing a Delayed Sentencing Program for Youthful Offenders, his sentences were deferred until June 14, 2026. **Acceleration of Sentences:** In January 2018, the State sought to accelerate Jurado's deferred sentences, claiming he committed new crimes, including Murder in the First Degree and Assault with a Deadly Weapon. Following a hearing in July 2018, Jurado's deferred sentences were accelerated, resulting in life imprisonment on several counts, which were to run concurrently. **Appeal:** Jurado appealed the trial court's decision to accelerate his sentences, arguing that it was an abuse of discretion based on the uncorroborated testimony of an unreliable witness, who did not provide in-person testimony. **Court's Decision:** The appellate court affirmed the ruling of the lower court, finding no abuse of discretion in allowing the State to introduce the transcript of a preliminary hearing as evidence. The court noted that the Appellant's counsel had the opportunity to confront and cross-examine witnesses during the preliminary hearing. The standard of proof for violations of deferred sentences is a preponderance of the evidence, and the trial court has discretion in such matters. **Conclusion:** The Court of Criminal Appeals affirmed the acceleration of Jurado's deferred sentences, concluding that the trial court acted within its discretion based on the evidence presented. **Mandate:** The mandate for this decision is to be issued upon the filing of this opinion. **Opinion by:** Judge Hudson, with Judges Lewis and Kuehn concurring, and Judge Rowland recused. For more detailed information, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-610_1735310684.pdf).

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F 2018-0812

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In OCCA case No. F 2018-0812, Cesar Jurado appealed his conviction for various drug-related offenses and weapon possession. In an unpublished decision, the court decided to affirm the trial court's decision to accelerate Jurado's deferred sentences; he had previously entered guilty pleas to several felony charges. The State had applied to accelerate his deferred sentences based on new serious crimes he was alleged to have committed. Jurado argued that the evidence used to support this decision was based on unreliable testimony from a witness who did not appear in person. He claimed this was an abuse of discretion. The court found that the trial court acted within its rights and that there was enough evidence to support the acceleration of Jurado's sentences. It concluded that Jurado did not prove that there was any improper action taken by the trial court. Therefore, his appeal was denied, and the acceleration of his sentences was upheld. One justice dissented from this opinion.

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F-2017-67

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The document provided is an appellate court opinion regarding the case of Cedric Dwayne Poore, who was convicted in the District Court of Tulsa County for multiple counts of Murder in the First Degree and Robbery with a Firearm. The Court of Criminal Appeals of Oklahoma ultimately affirmed the convictions and sentences. ### Key Points from the Opinion: 1. **Charges and Convictions**: - Cedric Dwayne Poore was convicted of four counts of Murder in the First Degree through felony murder and two counts of Robbery with a Firearm. - The underlying felony for the murder counts was robbery committed in the course of the murders of four victims. 2. **Evidence Against Appellant**: - Witnesses testified that Poore and his brother shot and killed four victims in a robbery at an apartment. - Testimony from Jamila Jones, who was in contact with both brothers before the murders, suggested that they were planning to rob the victims. - Forensic evidence included DNA found on a cigarette near the victims and .40 caliber shell casings linking both Poore and the weapon used in other crimes. 3. **Proposition of Errors Raised on Appeal**: - **Hearsay**: The trial court’s denial of an affidavit from a witness who invoked the Fifth Amendment was challenged, but the court found no plain error. - **Sufficiency of Evidence**: Poore challenged the sufficiency of evidence, claiming that he was not directly involved in the murders, but the court held that circumstantial evidence sufficiently supported the convictions. - **Other Crimes Evidence**: The admissibility of evidence from a separate robbery was upheld as relevant and probative to establish motive and identity. - **Identification Testimony**: The court found no error in the admission of identification testimony from witnesses. - **Accomplice Corroboration**: The testimony of accomplices was found to be sufficiently corroborated by other evidence. - **Cell Phone Records**: Although the use of cellphone records without a warrant raised Fourth Amendment concerns, the evidence was deemed admissible under the good faith exception. - **Search Warrant**: Poore's arguments regarding the invalidity of the search warrant and execution of the search were rejected by the court. - **Cumulative Error**: The cumulative effect of any errors did not warrant relief, as the court found no substantial errors during the trial. 4. **Final Ruling**: - The Court affirmed the District Court's judgments and sentences without finding any significant legal errors that would warrant reversal. ### Conclusion: The case demonstrates the complex interplay of various legal standards, evidentiary challenges, and the appeals process for criminal convictions. The appellate court's decision reflects a thorough examination of both the procedural and substantive issues raised by the appellant, ultimately leading to the affirmation of the convictions based on the evidence presented at trial.

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F-2018-309

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In OCCA case No. F-2018-309, Adrian Escajeda appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Adrian Escajeda was found guilty of first-degree murder by a jury and sentenced to life in prison. He was also convicted earlier of two drug possession charges, but those were not part of his appeal. During his trial, Escajeda claimed there were several errors that negatively impacted his case. First, he argued that it was wrong to have both his murder case and a separate child neglect case tried together in front of the same jury. He believed this made it hard for the jury to be fair. However, the court found that he didn't show how this joined trial actually harmed him because the jury had acquitted him of the child neglect charge. Additionally, the evidence against him for murder was very strong and unrelated to the child neglect, making the combined trial harmless. Escajeda also said his lawyer did not do a good job by not objecting to the charges being joined for trial. However, the court decided that his lawyer's performance wasn’t ineffective because there wasn’t any real prejudice; the outcome was not affected. The next point Escajeda raised was about some statements made during the trial. He believed hearsay was wrongly admitted, which violated his right to confront witnesses. The court looked into this and concluded that the statements in question were not hearsay, as they were used to explain the detective's investigation and did not assert the truth of those statements. Finally, Escajeda claimed that the prosecutor made unfair comments during the trial that made it hard for the jury to be impartial. The court examined these comments and found they were reasonable and based on the evidence presented. Since the comments did not create an unfair trial, the court dismissed this argument as well. In conclusion, the court reviewed all of Escajeda’s claims and found none of them warranted a change to his conviction or sentence. As a result, his conviction for first-degree murder remained in place, and he will serve the majority of his sentence in prison.

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F-2018-793

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **MARTIN OCHOA MEDINA,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-793** **FILED AUG 29 2019** JOHN D. HADDEN, CLERK --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Martin Ochoa Medina appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-275, for Assault and Battery with a Deadly Weapon, After Former Conviction of a Felony in violation of 21 O.S.2011, § 652. The Honorable Doug Haught, District Judge, presided over Medina's jury trial and sentenced him, in accordance with the jury's verdict, to life imprisonment. Medina raises a single issue on appeal: whether he was denied a fair sentencing proceeding because of prosecutorial misconduct throughout the second stage of his bifurcated trial. **1. Prosecutorial Misconduct Claim** Medina contends he was denied a fair sentencing proceeding due to prosecutorial misconduct during the second stage of his trial. He specifically argues that the prosecutor improperly introduced details of his prior conviction, appealed to sympathy for the victim, and wrongly commented on the potential for him to commit future crimes. However, Medina failed to object to these comments during the trial, waiving review of this claim for all but plain error. **Reviewing for plain error**, the Court finds that Medina has not shown that any alleged prosecutorial misconduct affected the outcome of the trial. Arguments made during closing are considered within the context of the entire trial. While the prosecutor did make improper comments regarding future crimes, reviewing the totality of the circumstances, such comments did not significantly impact the fairness of the sentencing proceeding. **DECISION** The Judgment and Sentence of the district court is **AFFIRMED**. --- **OPINION BY: ROWLAND, J.** **CONCURRING IN PART/DISSENTING IN PART:** **HUDSON, J.:** I write separately to dissent regarding the finding of plain error related to the prosecutor's comments about the potential for future offenses. The majority's reference to prior case law does not fully support their conclusion, as the prosecutor's comments were grounded in the evidence presented during trial and were relevant to the discussion of Medina's history and behavior. The prosecutor's arguments were appropriate and based on the evidence regarding Medina's prior violent acts, which warranted discussion in the context of sentencing. There was no misuse of the argument to stir societal alarm but rather a legitimate consideration of the defendant's recidivism. Recidivism has always been a recognized basis for enhanced sentencing, and the defendant's past conviction of a violent crime aligns with the evidence presented during this trial. Therefore, I believe the prosecutor's comments were within the permissible bounds and the majority has incorrectly labeled this as error. I concur with the denial of relief for the remaining arguments but dissent regarding the assessment of error concerning the comments about future conduct. --- For further details, you can [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-793_1735216324.pdf).

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F-2017-1284

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In OCCA case No. F-2017-1284, Jesse Earl Maupin appealed his conviction for Lewd or Indecent Acts to a Child Under 16. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Maupin was found guilty by a jury and sentenced to life in prison. He raised several issues on appeal, arguing that there was not enough evidence to prove he was guilty, that his life sentence was not a valid punishment, that the sentence was too harsh, and that there were mistakes in his trial that required a new trial. The court carefully reviewed the evidence and found that there was enough proof for the jury to convict Maupin based on the law. They explained that juries can use both direct evidence and indirect evidence to make their decisions. Maupin also claimed that a life sentence should not have been an option given the laws around his charges. The court found that the sentence was legal and appropriate. They ruled that a life sentence is a valid punishment when the law does not specify a maximum sentence. Regarding the sentence itself, the court determined that the life sentence did not shock their conscience or seem overly harsh given the circumstances of the case. Finally, since the court found no errors in the trial, they also declined to grant a new trial based on the idea of cumulative errors. In conclusion, the court affirmed Maupin's conviction and sentence.

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F-2017-1099

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In OCCA case No. F-2017-1099, Willie Donnell Jackson appealed his conviction for Rape in the First Degree-Victim Unconscious. In an unpublished decision, the court decided to affirm Jackson's conviction and sentence. One judge dissented. Willie Donnell Jackson was found guilty by a jury for a serious crime involving a victim who was unconscious. The jury suggested that he spend life in prison without the chance to get out, but the trial judge decided to give him a chance for parole after a long time instead. Jackson didn't agree with this decision and said there were errors made during the trial that affected his rights. Jackson raised five main arguments on appeal. First, he said that the prosecutor acted improperly during the trial, which made it unfair. He claimed this had a cumulative effect and harmed his chance for a fair trial. Second, he thought the judge didn't give the jury the right instructions, which was another error. The third point was about his lawyers not helping him enough, meaning that he didn't get the proper support he needed during the trial. Fourth, Jackson believed that the prosecutor's actions led to a sentence that was too harsh compared to what happened. Finally, his last argument was that all the mistakes added up to deny him a fair trial and the legal protections he should have received. After looking at everything presented during the appeal, the judges decided there were no significant errors that would change the outcome of the trial. They did not agree with Jackson's claims, concluding that his trial was fair. As a result, they upheld the original decision and affirmed his sentence, meaning Jackson must serve a long time in prison. The judges, in concise language, rejected all of Jackson's claims, confirming that he did not prove that any errors affected the fairness of his trial or the severity of his sentence, leading to the final ruling.

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F-2017-710

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In OCCA case No. F-2017-710, Alex Moore appealed his conviction for Murder in the First Degree. In a published decision, the court decided to affirm his conviction. One judge dissented. Alex Moore was accused of killing his cellmate, Todd Bush, in a prison. On the evening of March 6, 2014, while they were locked in their cell, an officer checked on them but did not enter the cell. Later, another officer found Moore with Bush on the floor and called for medical help. Despite efforts from medical staff, Bush was pronounced dead at the hospital. Moore claimed Bush had fallen while drinking, but the investigation revealed signs of a struggle and injuries that suggested he had been attacked. The medical examiner determined that Bush died from strangulation and that the injuries were not consistent with a fall. During the trial, the prosecution introduced evidence of Moore's previous assaults on other inmates as part of their case, arguing that these incidents showed he had a pattern of violent behavior. The defense argued that Bush's death could have been accidental. The trial court allowed photographs of the victim's injuries to be presented as evidence, despite Moore's objection that they were too gruesome. The court ruled that these images were relevant to the evidence and helped to prove how Bush died. Moore also raised concerns about the prosecution's statements during jury selection and whether he had been informed of his right to testify. The court ruled that the prosecutor's comments were within proper bounds and that there was no requirement for a formal acknowledgment of Moore's right to testify. Overall, the appeals court found no legal errors significant enough to reverse the trial court's decision, affirming Moore's conviction for murder.

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PC 2017-755

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In OCCA case No. PC 2017-755, the petitioner appealed his conviction for First Degree Murder. In a published decision, the court decided to vacate the previous sentence and allow for resentencing with a jury. The dissenting opinions argued against the majority decision, indicating that the judge had the discretion to deny jury resentencing based on prior waivers. The case started when the petitioner was just seventeen years old and pleaded guilty to First Degree Murder in 2006. Originally, he was sentenced to life in prison without the chance for parole. After some time, he claimed that this sentence was unfair because he was a minor when he was sentenced. The court agreed and decided to let him be resentenced but had to deal with the issue of whether his resentencing should involve a jury. The petitioner argued that since he was seeking resentencing, he should be allowed a jury trial. However, the state disagreed, pointing out that he had waived his right to a jury trial when he originally pleaded guilty. The judge decided that because of this waiver, he didn’t have to give the petitioner a jury for resentencing. In this case, the court looked at previous decisions that said when a juvenile is sentenced to life without parole, they should have a jury trial unless they give up that right. The majority of the court found that the petitioner did not truly waive his right to a jury for the resentencing, as he was relying on new rules from recent important cases. Ultimately, the court decided that it was wrong for the judge to deny the jury resentencing. They chose to vacate that decision and said the case should go back to the lower court to figure out the right way to do the resentencing, with the ability to include a jury if the petitioner asked. The dissenting opinions argued that the judge had actually acted correctly by denying the request for a jury because the petitioner had already waived that right back when he pleaded guilty. They believed that the rules shouldn’t allow a person to change their mind long after the original decision. The court ordered that the petitioner’s guilty plea and conviction were still valid, but they needed to follow the correct process under the law for the new sentencing.

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F-2017-1031

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In OCCA case No. F-2017-1031, a person appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction. One member of the court dissented. Dakota Joe Spainhower was found guilty of first-degree murder for killing his friend, who was a juvenile. The incident occurred after their shift at a local restaurant in July 2016. After receiving a ride home from the victim, Spainhower's mother noticed something strange outside and found a body next to a car, which belonged to the victim. Initially, Spainhower told his mother that the victim had tried to rob him and stabbed him first, prompting him to fight back and stab the victim multiple times. Evidence showed that Spainhower had blood on him and took the victim's keys after the incident. Spainhower's confession to the police was a crucial part of the trial. The court had to determine if this confession was made voluntarily and if he understood his rights when he waived them. There were questions regarding his mental health, education level, and the long duration of his questioning by police, all of which were argued to undermine the validity of his confession. However, the court found sufficient evidence that his confession was voluntary. The court also evaluated whether the evidence presented during the trial was enough to support the murder conviction. They determined that the evidence, including the victim's numerous injuries, was compelling enough for a rational jury to conclude beyond a reasonable doubt that Spainhower was guilty of intent to kill. Spainhower raised concerns about prosecutorial misconduct, claiming that the prosecutor made improper statements during closing arguments. The court assessed these claims and found that any mistakes did not significantly affect the outcome of the trial. Additionally, Spainhower argued that he received ineffective assistance from his counsel. However, the court determined that his counsel acted adequately throughout the trial. Finally, Spainhower claimed that the combination of all the errors he identified deprived him of a fair trial. The court concluded that since no individual errors were found that warranted relief, the cumulative effect of claims also did not provide grounds for a new trial. Thus, the court affirmed the judgment and sentence against Spainhower, maintaining his conviction for first-degree murder with no opportunity for parole.

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F-2017-1029

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In OCCA case No. F-2017-1029, Timothy Brian Bussell appealed his conviction for Rape in the First Degree - Victim Unconscious. In an unpublished decision, the court decided to affirm the judgment and sentence against him. One judge dissented. Bussell was found guilty by a jury and was sentenced to life imprisonment with the possibility of parole, even though the jury recommended life without parole. The case involved Bussell and a co-defendant, who filmed another co-defendant having sex with an unconscious victim. The jury believed there was enough evidence to show Bussell helped and encouraged the assault. Bussell raised ten arguments in his appeal, claiming errors during his trial. He argued that he did not get proper notice of the charges against him, that there was not enough evidence to convict him, and that the trial should have separated him from his co-defendant. He also claimed the victim's testimony was not credible, the prosecution made unfair statements, and that his lawyer did not do a good job. The court reviewed the evidence and found it sufficient for a conviction. They determined there were no significant errors that would affect his rights. The court emphasized that someone's testimony alone could support a conviction, especially if it was backed by video evidence. They concluded that Bussell knew the accusations he was facing and did not show that he was prejudiced by any mistakes made during the trial. Ultimately, the court decided that Bussell's claims did not show any grounds for reversing his conviction. His serious involvement in the crime was evident. The sentence was upheld as appropriate based on the crime he committed, emphasizing the importance of the victim's mistreatment.

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F-2017-892

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In OCCA case No. F-2017-892, David Lee Seely appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. David Seely was found guilty of murdering Jackie Tyler Wesnidge during a fight that escalated in a car. Seely and Misty Dawn Benefield had left the house they were staying in after an argument between Wesnidge and Benefield. Seely, who had previously expressed strong feelings for Benefield, ended up stabbing Wesnidge seventeen times after a confrontation in the car. After the murder, Seely and Benefield crashed the car and tried to escape on foot. They were eventually found by the police. Seely claimed several errors during his trial, including the trial court's failure to instruct the jury on certain defenses, the exclusion of evidence he wanted to present, the admission of graphic photographs, and issues of prosecutorial misconduct. He also argued that he received ineffective assistance of counsel. The court reviewed Seely's arguments and found that the trial court did not err in failing to instruct the jury on defenses like defense of another or voluntary intoxication, as there was no sufficient evidence to support those claims. It also determined that the evidence excluded by the court was not necessary for understanding the case, and that the photographs admitted were relevant to the crime. Prosecutorial misconduct claims were examined, yet the court concluded these did not significantly harm Seely's right to a fair trial. Finally, it ruled that his counsel performed adequately, and there were no grounds for claiming he received ineffective representation. The court affirmed Seely's conviction, finding all claims of error were without merit.

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F-2018-112

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In OCCA case No. F-2018-112, Christopher Lewis Whinery appealed his conviction for first-degree murder. In a published decision, the court decided to affirm the conviction. No one dissented. Mr. Whinery was found guilty by a judge without a jury. The case took place in Creek County, where he was sentenced to life in prison and fined $500. His main argument was that the judge made a mistake by allowing his statements to the police to be used against him during the trial. He said that he was in custody and had not been told his rights, which needs to happen before police can question someone. However, the court looked at what happened and found that Mr. Whinery was not in custody when he spoke to the police. This means he wasn’t formally arrested, and his freedom wasn't limited like it would be if he were arrested. Because of this, the police did not need to read him his rights at that time. Since the court agreed that there was no error in allowing his statements, they decided to keep his conviction as is, meaning he will remain in prison for life.

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PC-2017-322

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In OCCA case No. CF-2004-4488, the petitioner appealed his conviction for murder and shooting with intent to kill. In an unpublished decision, the court affirmed the conviction, stating that his consecutive sentences do not violate constitutional protections against cruel punishment. One judge dissented on the reasoning. [occa_caption]

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F-2016-375

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This document is the opinion of the Oklahoma Court of Criminal Appeals regarding the appeal of James Stanford Poore from his convictions of four counts of First Degree Murder and two counts of Robbery with a Firearm, which occurred in Tulsa County District Court. The jury recommended sentences of life imprisonment without the possibility of parole for the murder convictions and life imprisonment for the robbery charges. The opinion outlines the factual background of the case, including the brutal murders of four victims during a robbery and the subsequent evidence linking Appellant Poore and his brother Cedric Poore to the crime. Key pieces of evidence included witness testimonies, DNA analysis, and ballistic evidence connecting the Poores to both the murders and an earlier robbery. The appellate court addressed several propositions raised by Poore, reviewing the admission of expert testimony, the exclusion of certain third-party perpetrator evidence, the relevance of other crimes evidence, the legality of the search warrant executed at Poore's mother's residence, and claims of ineffective assistance of counsel. After careful consideration, the court concluded that the trial court did not abuse its discretion in admitting the evidence or denying Poore's requests for different evidence and upheld the sufficiency of the search warrant. The court affirmed the judgment and sentence imposed by the district court, providing a detailed legal rationale for its decisions. The final decision includes an order for the mandate to be issued upon the filing of this opinion. The judgment for both the defendant and the state was documented, with all judges concurring in the decision. For those interested in viewing or downloading the original document, a link is provided at the end of the summary.

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C-2018-315

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of David Duane Albright, a petitioner who sought to withdraw his guilty pleas related to charges of manufacturing methamphetamine, possession of a controlled substance, and maintaining a place for keeping/selling controlled substances. ### Key Points: 1. **Background**: - Albright was originally charged in Delaware County with multiple drug-related offenses in 2010. - He entered a guilty plea in December 2010 and was accepted into the Delaware County Drug Court Program. - After being terminated from the program for non-compliance, he was sentenced in September 2013 to life imprisonment on two counts and 20 years on another, with fines imposed. 2. **Procedural Posture**: - Albright filed a Motion to Withdraw Guilty Pleas shortly after sentencing, which was denied. - He initially failed to appeal but was granted an appeal out of time in 2018. 3. **Claims on Appeal**: Albright raised several propositions of error: - **Proposition I**: He argued his plea lacked an adequate factual basis. - **Proposition II**: Claimed his pleas were not entered knowingly and voluntarily. - **Proposition III**: Contended the $50,000 fine was unauthorized by statute. - **Proposition IV**: Asserted he should have received credit for jail time, violating his due process. - **Proposition V**: Claimed ineffective assistance of counsel. 4. **Court's Analysis**: - **Proposition I and II**: The court found Albright waived appellate review by not raising these claims in his motion to withdraw his plea. - **Proposition III and IV**: These claims were also deemed waived for similar reasons, not raised in the motion to withdraw. - **Proposition V**: While the court reviewed the ineffective assistance of withdrawal counsel, they found no evidence of deficiency or that it prejudiced Albright's case. 5. **Decision**: - The court affirmed the lower court's denial of Albright's Motion to Withdraw Plea, concluding that he did not demonstrate a valid basis for the claims made. 6. **Concurring Opinion**: - Judge Rowland specially concurred, expressing concern regarding the adequacy of the factual basis for the plea related to maintaining a place for keeping/selling a controlled dangerous substance. While recognizing the issues, he noted that because the facts weren’t adequately challenged during the proceedings, the claims were not actionable in this appeal. ### Conclusion: The petitioner's appeal was denied, and the trial court's decision stands, allowing the guilty pleas to remain in effect due to procedural waivers and the lack of substantive evidence to support the claims raised on appeal. The opinion highlights the importance of raising issues timely and thoroughly in the proper forums to preserve them for review.

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F-2018-184

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In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

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F-2017-1231

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In OCCA case No. F-2017-1231, Antonio Tiwan Taylor appealed his conviction for two counts of Sexual Abuse of a Child. In a published decision, the court decided to affirm the conviction. One member of the court dissented. Antonio Tiwan Taylor was found guilty by a jury in Oklahoma for harming his girlfriend's seven-year-old daughter in December 2014. The girl talked about what happened to her, and the State also shared letters that Taylor wrote to the child's mother where he seemed to admit his actions and apologize. Furthermore, a young woman testified that Taylor had raped her before, which was included to show his tendency to commit such acts. Taylor appealed his conviction on several points. First, he argued the trial court should not have allowed the woman’s testimony, claiming it was more harmful than helpful to his case. The court reviewed this claim and found no error in allowing her testimony; they saw it as relevant and not unfairly prejudicial to Taylor. Second, during the trial, the woman who made the earlier accusation did not show up, and Taylor argued that her absence meant her prior testimony shouldn’t be used. The court decided she was unavailable and allowed her earlier testimony to be read to the jury. Taylor disagreed but the court believed the State made enough effort to locate her, and they maintained that her previous testimony was still valid and credible. Next, Taylor made a claim based on collateral estoppel. This is a legal principle that says if someone was found not guilty of a crime, they shouldn’t be tried again for the same issue. Taylor believed that because he was acquitted of raping the woman in question, her testimony should not have been used against him in this case. However, the court explained that an acquittal does not mean the person is innocent but that there was reasonable doubt about their guilt. Thus, they could still consider the facts of the earlier case for a different purpose. Lastly, Taylor argued that even if the trial had a few errors, they added up to a reason for a new trial. Since the court found no errors in the previous claims, this argument was also denied. The court ultimately affirmed the decisions made during the trial, meaning Taylor's convictions and sentences remained in place.

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F-2017-1042

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In OCCA case No. F-2017-1042, Vincent Ray Perosi appealed his conviction for First Degree Murder and Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. The case began when Perosi, who had recently divorced, was ordered to leave the house he had been living in by January 1, 2016. After that date, his ex-wife, Pamela Perosi, returned to the house with two friends to change the locks because he had not moved out. This led to a confrontation. Perosi shot and killed Pamela and another friend, Buddy Weber, while wounding Karen Priest, who was also present. Perosi claimed he shot in self-defense, saying he was scared of Weber. However, evidence showed that he had a history of threats against his ex-wife and evidence contradicted his version of events. The court ruled that he did not qualify for immunity under the Stand Your Ground law and denied his request for related jury instructions. In reviewing the evidence, the court found sufficient proof to support the convictions, rejecting Perosi's claims of self-defense and that shooting Pamela was accidental. Further, his videotaped confession was admitted as evidence, despite defense claims it was coerced; the court found it was voluntary. In addition, the court allowed testimony about Perosi's bad character and a victim impact statement from Pamela’s family. Ultimately, the court upheld the trial’s decisions and affirmed the conviction, denying any errors raised in the appeal.

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F-2017-1104

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In OCCA case No. F-2017-1104, Joseph Johnson appealed his conviction for first degree murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Joseph Johnson was found guilty of killing Quavis Trae Cato during an argument over a car. The jury sentenced Johnson to life in prison without parole. The incident happened on October 10, 2016, when Johnson shot Cato 14 times, after a dispute over a stolen car. Witnesses testified that Johnson was armed with two guns and returned to the argument after briefly leaving the scene. During the trial, Johnson's defense argued for instructions on lesser charges of manslaughter, claiming he acted in the heat of passion or self-defense. However, the court found no evidence that Cato provoked Johnson sufficiently to warrant such instructions. The judges decided that Johnson escalated the situation by bringing guns into the argument and that simply being angry or upset does not justify the use of deadly force. Johnson also claimed that the prosecutor's closing arguments contained misconduct, asserting that they misled the jury about the facts and the law of self-defense, but the court found no errors that affected the fairness of the trial. Finally, Johnson’s defense argued that his lawyer didn't perform adequately by not presenting expert testimony about psychological conditions that might have affected his perception of the situation. However, the court concluded that even if the lawyer's performance was deficient, it wouldn't have changed the outcome of the trial because Johnson had initiated the conflict while armed. In summary, the court upheld the conviction for murder, concluding that Johnson acted with intent and malice when he killed Cato. The judges agreed that there was no basis for a lesser charge or for claims of ineffective counsel. Overall, the ruling was in favor of maintaining the original sentence.

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F-2017-1103

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In OCCA case No. F-2017-1103, the appellant appealed his conviction for first degree murder. In a published decision, the court decided to affirm the judgment and sentence. One justice dissented. Jose Jonathan Rivera-Chavez was convicted of killing Wanda Cooper at a hotel. On December 27, 2016, Cooper went to the hotel office pleading for help while covered in blood. She collapsed shortly after and died from her injuries. Witnesses saw Rivera-Chavez trying to open car doors nearby after the incident. The police found him on the run and apprehended him with help from a police dog. Evidence showed blood on his clothes matched Cooper's. During the trial, Rivera-Chavez claimed he was under the influence of drugs and did not intend to kill Cooper. He admitted to stabbing her multiple times with a knife after becoming paranoid during a drug high. Despite his defense, the court noted that his actions and demeanor suggested he was not severely intoxicated. One key issue in the appeal was whether the court allowed evidence of Rivera-Chavez's silence after being read his rights, which he claimed violated his rights. The court found that this evidence was used properly to address his claim of voluntary intoxication and did not unfairly suggest guilt. The court concluded that even if there had been some error in admitting the evidence, it was harmless because ample evidence showed Rivera-Chavez's intent to kill. The judgment and sentence were ultimately upheld.

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