Masturbation

In OCCA case No. F-2014-478, David Glen Heard appealed his conviction for two counts of Lewd Molestation. In an unpublished decision, the court decided to affirm his conviction but vacated the imposition of post-imprisonment supervision. One judge dissented. David Glen Heard was found guilty of two counts of Lewd Molestation after being tried by a jury in Tulsa County. The charges stemmed from an incident on June 15, 2006, when Heard was observed behaving inappropriately towards two young girls at a Walmart store. He followed them around the store and attempted to look under their dresses. Witnesses reported his unsettling behavior, and he was later found with a pornographic magazine in his car and identified as a registered sex offender. At the time of the incident, he was on probation for previous sex-related offenses against children. During the trial, testimonies from various witnesses were presented, including a woman who testified about a similar incident involving Heard from years prior. Evidence was admitted under the law to show motive and absence of mistake, which supported the prosecution's case against him. Heard raised several arguments during his appeal, including claims that the statute he was convicted under was vague, the admission of other testimonies was inappropriate, and errors in jury instructions and the failure of his counsel to object to certain evidence. The court found that the law did not provide for a vagueness claim since Heard's actions clearly violated the statute in question. The admission of prior testimonies was ruled permissible as relevant to the case. The trial court’s instructions were also deemed not harmful to the verdict. However, the court recognized an error when ordering post-imprisonment supervision, as it was not authorized for the crimes Heard committed at the time. Thus, while his conviction was confirmed, the order for post-imprisonment supervision was vacated. Ultimately, Heard’s two twenty-year sentences were upheld due to the nature of his actions and background as a repeat offender.