Mandatory Sentence

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 In an unpublished decision, the court decided to affirm the judgment and sentence.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-2006-854

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In OCCA case No. F-2006-854, Delbert L. Gibson appealed his conviction for two counts of lewd molestation. In a published decision, the court decided to affirm his conviction but modified his sentence to twenty-five years imprisonment on each count, to be served concurrently. One judge dissented. Gibson was found guilty of sexually fondling two young girls, aged thirteen and eleven, in September 2002. During the incident, Gibson followed the older girl into a bedroom and began to fondle her. The younger girl was also fondled shortly after. The girls told their mother about the incident and reported it to the police. Gibson raised four main points of error during his appeal. The first claimed he did not receive a speedy trial. The court looked at how long he waited for the trial, why there was a delay, whether he asked for a quick trial, and if the delay harmed his case. Gibson was charged in November 2002 but was not arrested until March 2005, with the trial occurring in June 2006. The court found that even though the delay seemed long, Gibson did not complain about it before the trial, which hurt his argument. Therefore, the court believed he was not denied a speedy trial. Gibson's second point was about other-crimes evidence that was presented during his trial. The state brought up a past incident where Gibson had fondled a ten-year-old girl while working as a school photographer twenty years earlier. The court agreed that this evidence was probably not properly connected to the current case but felt it did not significantly impact the jury’s decision, especially since the two young girls provided strong testimonies. In his third point, Gibson argued the jury was incorrectly instructed on the penalties for his crimes. He believed that the law didn’t support a mandatory life sentence without parole based on the charges brought against him. The court analyzed the laws and determined that the proper penalties did not include mandatory life sentences, leading them to modify his sentence instead. Finally, Gibson claimed that all these problems together denied him a fair trial. Since the court found no major errors, the cumulative effect claim was also denied. Overall, the court upheld Gibson's conviction for molestation, but changed his sentence to a total of twenty-five years in prison instead of life without parole.

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C-1999-766

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In OCCA case No. C-1999-766, Larnell Baucom, Jr. appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse the trial court's ruling and allow Baucom to withdraw his guilty plea. One judge dissented. Baucom had pleaded guilty to the crime of Trafficking in Illegal Drugs and received a ten-year prison sentence along with a suspended fine. Later, he wanted to withdraw his guilty plea, claiming that his attorney had given him incorrect advice regarding his potential sentence. The court looked at the case thoroughly, reviewing all records, transcripts, and Baucom's arguments. The main issue was whether the trial court was right to deny Baucom's request to withdraw his plea. The court found that Baucom’s attorney did not provide effective legal support, which led to Baucom entering his plea based on wrong information. Therefore, the court ruled that he should get the chance to withdraw his plea if he wants to. The dissenting opinion said that Baucom did not prove his plea was not knowingly made and that there was no strong evidence of improper advice from his lawyer. The dissenting judge argued that it was not the court's responsibility to act as Baucom's lawyer or raise issues that were not directly claimed by him.

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