Minor Archives - OCCA Opinions

F-2018-678

Post author:Staff
Post published:November 21, 2019
Post category:F

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.

C-2018-679

Post author:Staff
Post published:July 25, 2019
Post category:C

It appears that you've shared a document detailing a legal opinion from the Oklahoma Court of Criminal Appeals denying a writ of certiorari for petitioner Jerry Ray Hawkins. He was appealing his convictions related to exhibiting obscene material to minors, procuring child pornography, and lewd acts, asserting that his guilty pleas were not made knowingly, that he did not receive conflict-free counsel, and that his sentence was excessive. Here’s a summary of the main points covered in the opinion: ### Case Overview: - **Petitioner**: Jerry Ray Hawkins - **Charges**: Multiple counts including Exhibiting Obscene Material to a Minor, Procuring Child Pornography, and Lewd Acts. - **Sentencing**: Total of twenty years for some charges and ten years for others, with certain counts running concurrently and others consecutively. ### Key Legal Issues Raised by Petitioner: 1. **Withdrawal of Guilty Pleas**: Hawkins argued he should be allowed to withdraw his pleas because they were not made knowingly or voluntarily, claiming that he was misled by his attorney regarding potential plea agreements. 2. **Ineffective Assistance of Counsel**: He claimed that the failure to appoint conflict-free counsel during the plea withdrawal hearing resulted in inadequate legal representation. 3. **Excessive Sentence**: He contended that the aggregate sentence was excessive for the charges he pleaded to. ### Court's Findings: - **Proposition I (Withdrawal of Pleas)**: The court found that Hawkins had waived his right to argue that his pleas were not knowing and voluntary by failing to raise it during his motion to withdraw. Therefore, this claim was denied. - **Proposition II (Ineffective Assistance of Counsel)**: The court concluded that there was no actual conflict of interest that adversely affected counsel's performance, as Hawkins did not accuse his plea counsel of misconduct. Therefore, this claim was also denied. - **Proposition III (Excessive Sentence)**: The court noted that Hawkins similarly failed to raise this issue during the appropriate proceedings, resulting in a waiver of his excessive sentence claim. ### Conclusion: The court affirmed the judgment and sentence of the district court, concluding that no legal grounds existed to warrant relief. #### Final Notes: Petitioner’s appeals were denied on all fronts, with the court emphasizing the need for claims to be preserved at the trial level to be considered on appeal. If you have any specific questions or need further analysis regarding this case or related legal concepts, feel free to ask!

S-2013-483

Post author:Staff
Post published:December 3, 2013
Post category:S

In OCCA case No. S-2013-483, the defendant appealed his conviction for various crimes involving minors, including sodomy, lewd acts, and sexual battery. In an unpublished decision, the court decided to deny the State's appeal regarding the exclusion of certain evidence. One judge dissented from this decision. Thomas Bradley Porton was charged with serious crimes against children. The crimes included sodomy and other lewd acts, as well as providing alcohol to minors and possessing indecent photographs. These charges were based on incidents that occurred in McCurtain County. During the pretrial, the State wanted to use photographs found on Porton's computer as evidence. However, the judge ruled that these photographs could not be used in court. The State believed that the photos were important to prove their case against Porton. They argued that the photographs showed a pattern of behavior that related to the crimes he was charged with. The State appealed the judge's decision to keep the photographs out of the trial. They said that their ability to prove Porton's guilt was greatly affected without this evidence. The law allows the State to appeal when evidence is excluded if it is believed to be in the interests of justice. However, the court found that the State did not show that the photographs were a critical part of the evidence needed to prove the case. Because of this, the appeal was denied, meaning the photographs would not be part of the trial. The ruling pointed out that the trial judge had looked closely at the case and had reasonable grounds to decide that the photographs were not relevant or that their potential to cause unfair problems outweighed their usefulness as evidence. One judge disagreed with the majority opinion. He felt that the photographs should not have been excluded because they could help prove Porton's motive and intent regarding the charges. He argued that evidence of other actions taken by the defendant should have been considered, especially since there were connections between the photographs and the charges against Porton. In summary, the court upheld the lower court's decision to exclude the evidence, impacting the State's case against Porton, while one judge believed this decision was incorrect and would have allowed the evidence.

F-2000-1308

Post author:Staff
Post published:October 26, 2001
Post category:F

In OCCA case No. F-2000-1308, Recil Gravitt appealed his conviction for Distribution of a Controlled Dangerous Substance, Maintaining a Dwelling for Drugs, and Possession of a Controlled Dangerous Substance in the Presence of a Minor. In an unpublished decision, the court decided to affirm the convictions, but modified the fine on Count I to $10,000. One judge dissented.

RE-2000-1566

Post author:Staff
Post published:September 7, 2001
Post category:RE

In OCCA case No. RE-2000-1566, the appellant appealed his conviction for unlawful possession and distribution of controlled drugs. In a published decision, the court decided to vacate the order that suspended the appellant's sentences and remanded the case for further proceedings. One judge dissented. The case began when the appellant was found guilty of possessing cocaine, methamphetamine, and distributing drugs to a minor. These offenses happened on January 30, 1994, and the appellant entered guilty pleas on March 27, 1995. As part of a plea agreement, the state recommended a fifteen-year sentence for each charge, which was to be served concurrently. The court accepted the pleas and suspended the sentences under probation conditions. In 1998, the state sought to revoke the suspended sentences because the appellant was allegedly found in possession of methamphetamine. During the revocation hearing, the judge ordered the sentences to be revoked in full based on the evidence presented. The appellant argued that the case should be sent back to the lower court, allowing him to withdraw his guilty plea, referencing a previous case for support. The court noted that the appellant had not previously disclosed several felony convictions before accepting his guilty plea, which raised questions about the validity of the initial suspended sentence. The court ruled that the suspensions were invalid due to legislative restrictions against suspending sentences for individuals with previous felony convictions. As a result, the court instructed the lower court to hold further proceedings consistent with the decision referenced in the previous case. Additionally, it was ordered that the appellant be given a chance to withdraw his guilty plea. If he chose to do so, the prior convictions would be vacated, allowing the state to prosecute him again if necessary. If he decided to keep the guilty plea, the sentences would be executed immediately, with credit given for the time already served. Ultimately, the court's decision led to the dismissal of remaining errors regarding the revocation orders, as they were deemed moot now that the suspension orders were vacated.