F-2003-1278
In OCCA case No. F-2003-1278, James Lorenzo Devers appealed his conviction for Inducing a Minor to Engage in Prostitution and Indecent Proposal to a Child. In an unpublished decision, the court decided to affirm the convictions with some modifications. One judge dissented. Devers was tried in Tulsa County and found guilty of multiple charges involving sexual misconduct with teenage boys. The jury sentenced him to life imprisonment with fines after considering testimonies from three victims who claimed Devers offered them money to perform sexual acts. Despite some conflicting details regarding the timing of his proposal, the evidence against Devers was strong, including his own confession about some of the offenses. The appeal included several arguments. One claim was about the trial court's decision not to separate the charges for trial. The court maintained that the offenses were connected and reflected a consistent pattern of behavior, justifying their joint consideration. The court found no prejudice in trying the counts together. Devers also argued the jury was given incorrect instructions regarding the punishment for his indecent proposal charge. However, the court noted that the error did not change the outcome since he would have received the same sentence even under the correct guideline. Another point of appeal was regarding whether the jury was informed about parole eligibility. The court ruled the instructions were appropriate since the charges in question did not include those that required serving a certain percentage of the sentence before being eligible for parole. The court acknowledged that there was a mixing of punishment provisions in the instructions but decided any fines would be adjusted because of that error. Ultimately, after reviewing all claims, the court upheld the convictions but modified the fine amount for Devers' offenses. The judgment was affirmed with modifications, while one judge expressed disagreement with some aspects of the decision.