Misdemeanor

F-2008-531

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In OCCA case No. F-2008-531, Jim Evans appealed his conviction for possession of a controlled drug and embezzlement. In an unpublished decision, the court decided to affirm his termination from Drug Court and vacate part of his sentence. One judge dissented. On November 29, 2006, Jim Evans pleaded guilty to two crimes: possession of a controlled drug after having a felony conviction, and embezzlement. The court sentenced him to five years for possession and one year for embezzlement, with both sentences running at the same time. He could avoid serving this time if he successfully completed a Drug Court program, but if he failed, he would have to serve his sentences. On May 22, 2008, Evans was taken out of the Drug Court program, leading to his appeal. He claimed three main issues: First, during his hearing, he wasn't properly confronted with a witness against him, and his lawyer let him say things that made him look guilty. Second, he thought the court made a mistake by considering evidence that shouldn’t have been allowed. Third, he argued the court couldn't extend his probation past his original sentence. About the first two points, Evans said his lawyer should have stopped the officer from speaking about what another person said. He contended this wasn't fair. The court examined his claims and found that the rights in Drug Court are not as extensive as in normal criminal trials. It noted that some statements made by the officer were acceptable under the law. For the last point, Evans pointed out that his one-year sentence had ended, and the court didn’t have the authority to give him more time. The State, which was appealing against him, admitted that it was a mistake to extend his probation beyond his original sentence. Ultimately, the court agreed with Evans on his last point and decided to change the records by vacating the one-year sentence for embezzlement. However, the court also confirmed the decision to remove Evans from the Drug Court program.

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F-2008-60

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In OCCA case No. F-2008-60, Valenta E. Thompson appealed his conviction for multiple serious crimes including first-degree rape, sodomy, kidnapping, and witness intimidation. In an unpublished decision, the court decided to uphold some of the convictions while reversing others. One judge dissented. Valenta E. Thompson faced serious charges in the District Court of Muskogee County. He was found guilty by a jury of crimes that included rape and sodomy, among others. The jury recommended significant sentences, leading to Thompson receiving life imprisonment for some charges and lesser sentences for others. In his appeal, Thompson raised many issues. He argued that he did not receive a fair trial, citing that he was not properly informed of the elements of some charges. Specifically, he mentioned that the jury wasn't instructed about the components necessary to prove anal sodomy and witness intimidation. These mistakes were recognized as severe enough to warrant a reversal of those convictions. Thompson also claimed that there was not enough evidence to support his conviction for rape, and he argued that incorrect jury instructions regarding his potential sentences impacted his case. In addition, he pointed out that the prosecutor had made improper comments during the trial about plea deals, and that his own lawyer did not provide adequate representation throughout the process. The court carefully reviewed all the arguments and the entire record of the case. They found that the lack of instruction for some charges was a significant error. This was particularly true for witness intimidation, where the jury did not understand what needed to be proven for a conviction. Because of this, those specific counts were reversed. However, regarding the charge of first-degree rape and other offenses, the court found enough evidence to support the convictions. The judges determined that despite the errors concerning instructions, Thompson's sentences for the remaining counts were appropriate and should be upheld. In conclusion, the court affirmed the judgments and sentences for most of Thompson's convictions while reversing and remanding the convictions related to anal sodomy and witness intimidation for further proceedings. Some judges agreed with this decision, but one judge dissented, believing that the convictions should not have been reversed.

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M 2007-0560

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In OCCA case No. M 2007-0560, William Galletly appealed his conviction for splitting contracts. In an unpublished decision, the court decided to reverse his conviction and dismiss the case. One judge dissented. Here's a simpler explanation: William Galletly worked as the City Manager of Grove. He was charged with splitting a big contract into smaller ones, which is against a law meant to create fairness in bidding for city contracts. A jury found him guilty of this charge and he had to pay a fine. The main question was whether what he did should be considered a crime. The law at the time of his actions did not clearly state that splitting contracts was a crime, which is why the court decided he should not be punished under the general rules for misdemeanors. Because of this, they decided to reverse the punishment and dismiss the case against him. One judge disagreed with this decision.

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C-2007-1009

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In OCCA case No. C-2007-1009, Richardson appealed his conviction for Assault and Battery and Malicious Injury to Property. In an unpublished decision, the court decided that Richardson was entitled to a hearing on his Motion to Withdraw Plea of Guilty. One judge dissented.

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M-2006-1334

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In OCCA case No. M-2006-1334, Michael David Williams appealed his conviction for misdemeanor Domestic Abuse. In a published decision, the court decided to affirm his conviction for one count but reversed the other, instructing that charge be dismissed. One member of the court dissented. Michael David Williams was charged with two counts of misdemeanor Domestic Abuse after incidents involving his wife. After a jury trial, he was found guilty and sentenced to one year in jail and a $1,000 fine for both counts, though one fine was not imposed. Williams claimed errors in the trial regarding witness statements, insufficient evidence for his conviction, and misconduct by the prosecution. During the trial, Williams' wife testified that no abuse had occurred and that injuries she had were due to a fight with her aunt and an accident. However, earlier police statements made by her during investigations indicated otherwise. Williams argued the trial court should not have allowed these statements without proper instruction on how the jury could use them. The court noted that it could allow witness statements to be used for impeachment purposes, even if the witness didn't fully recall making them. However, the court found that the jury might have been misled about how to use those statements in one of the cases, leading to confusion regarding the evidence of guilt. The court affirmed Williams' conviction for the first case, where there was a lot of strong evidence against him, including police testimony and photographs of the scene. However, for the second case, the court ruled that the evidence presented was not enough to prove guilt beyond a reasonable doubt. They decided to reverse this conviction and ordered it to be dismissed. In conclusion, the court upheld the conviction for the first incident but reversed the second due to insufficient evidence and errors in how the trial was conducted.

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F-2007-66

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In OCCA case No. F-2007-66, Lyle Wayne Strickland appealed his conviction for multiple offenses, including burglary and assaulting a police officer. In an unpublished decision, the court decided to affirm most of the convictions but reversed one for eluding a police officer, ordering it to be dismissed. One judge dissented.

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F-2006-896

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In OCCA case No. F-2006-896, the appellant appealed his conviction for first-degree arson, assault and battery domestic abuse, assault and battery, and public intoxication. In an unpublished decision, the court decided to affirm the judgments and sentences for counts I and II but modified the sentences for counts III and IV by vacating the fines imposed on those counts. One judge dissented. Michael Wayne Schulze was found guilty of starting a fire, which was labeled as first-degree arson, along with committing several misdemeanors related to domestic abuse and public intoxication. The jury recommended lengthy prison time and fines for these actions. Schulze argued that the evidence against him was not strong enough to prove his guilt for arson. He also claimed that the instructions given to the jury were misleading regarding his possible sentences and fines. He sought modifications to the imposed fines and sentences, while also asserting that the prosecutor behaved improperly during the trial. The court examined the arguments and determined that the evidence was sufficient to support the jury's finding of guilt for arson. They agreed that the jury was wrongly instructed about potential sentencing for certain charges, which warranted relief by adjusting the fines for the misdemeanor counts. However, they maintained the convictions and sentences for the arson and domestic abuse counts, deciding that the errors in jury instructions did not severely impact the outcome of the case. Overall, the court upheld the majority of the original decisions but aimed to correct parts of the sentencing that were found to be incorrect, ensuring justice was served.

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M-2006-555

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In OCCA case No. M-2006-555, the appellant appealed his conviction for recklessly conducting himself with a firearm. In an unpublished decision, the court decided to reverse the judgment and sentence and ordered a new trial. One judge dissented. The case began when the appellant was charged with a crime called Feloniously Pointing a Firearm. However, after a jury trial, he was found guilty of a lesser crime, which was Reckless Conduct With a Firearm. The punishment for this was six months in jail and a fine of $500. The appellant raised several arguments for why he believed the jury should have decided differently. First, he claimed that he was not properly told about his right to defend himself when he was faced with danger. Second, he argued that he could not access evidence that would show that a witness was not telling the truth. Third, he felt that the jury's decision was based on guesses rather than solid proof. Lastly, he believed he did not have good help from his lawyer during the trial. The court found that the instructions given to the jury were not clear about the appellant's right to self-defense. The jury had even sent a note to the trial court saying they did not feel they understood this important piece of information. The law says that a person must have the chance to explain their side of the story, especially when it comes to self-defense, and in this case, the jury did not get the right instructions about that. Since this was a big mistake that could have affected the jury’s decision, the court decided to reverse the original judgment. It means the appellant will have another chance to prove himself in a new trial. The court did not explore all the details of the self-defense claim but decided that the jury needed the proper guidance on this important matter. The case is now remanded back to the District Court for a new trial where the jury can hear the complete story, including the self-defense argument. This verdict was supported by the judges, but one judge had a different opinion about the case.

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F-2005-859

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In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

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F 2004-1182

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In OCCA case No. F 2004-1182, Bryan Matthew Carroll appealed his conviction for multiple offenses. In an unpublished decision, the court decided to reverse some of his convictions and modify others. One judge dissented. Carroll was found guilty by a jury of several charges. These charges included Assault and/or Battery with a Dangerous Weapon, Attempting to Elude a Police Officer, and Unlawful Possession of Drug Paraphernalia, among others. The jury sentenced him to various fines and jail time for these offenses. Carroll argued that he was unfairly punished for some offenses and that there was not enough evidence to support the charges against him, especially for the more serious ones like Assault and Unlawful Possession of Drug Paraphernalia. He claimed his rights were violated and that he did not receive fair representation from his lawyer. In looking at Carroll's appeal, the court decided to dismiss some of the judgments against him, specifically the Assault and Unlawful Possession of Drug Paraphernalia charges. The court found that the evidence did not convincingly support the Assault charge and there was not enough proof that Carroll was intending to use the paraphernalia for drugs. For the Attempting to Elude charge, the court noted that Carroll was also convicted for not stopping at a stop sign while trying to escape from the police, which should not happen according to legal rules. The court ruled that one of the offenses was covered by the other, and that means Carroll was unfairly charged twice for one action. As for other charges, the court changed the punishment for speeding because the jury was not correctly informed about the possible penalties. They modified Carroll's sentence for that charge but kept the other sentences intact, concluding that they were fair based on what happened. In summary, Carroll's case showed that even when someone is charged with multiple offenses, it's important for the legal system to follow rules to ensure fairness. The court made changes that reflected these principles, showing that justice is essential in every case.

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M-2004-66

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In OCCA case No. M-2004-66, Foy Anthony Boyd appealed his conviction for Driving While Impaired (DWI). In a published decision, the court decided to reverse Boyd’s judgment and sentence and remand for a new trial. One judge dissented. Boyd was convicted in the District Court of Coal County after a jury trial. He was sentenced to pay court costs and a fine because he was found guilty of DWI. Boyd argued that he should not have been convicted because he believed the results of his breath test should not have been used as evidence. He claimed that the rules about how the breath test should be given were not followed, so the results were not valid. The state, which was against Boyd in the case, argued that they did not make a mistake and that there was enough evidence to convict him without the breath test results. However, the court pointed out that it was the responsibility of the state to prove that all rules were followed when giving the breath test. The state did not show what the relevant rules were or that the officers followed them properly. Boyd presented evidence showing that the breath test was not conducted according to the rules that the Board had in place. The state just had officers say they believed the rules were followed without providing the actual rules or clearing up the concerns about them. The court decided that this was a significant error. Even though officers testified that Boyd showed signs of being impaired before the breath test was done, the court concluded that the use of the test in the trial was a violation of Boyd's rights. Since the state didn't prove that the breath test was done correctly, the court believed Boyd deserved a new trial. Boyd asked for his conviction to be completely dismissed. However, the court felt that it was fairer to allow the state to have another chance to present the case with proper evidence. If the state could show that the breath test was given correctly in the retrial, they could use those results against Boyd. The court ordered that Boyd's conviction be overturned and that the case be sent back for a new trial where the state could fix the issues with the evidence. In the dissenting opinion, the judge believed that the evidence supporting Boyd’s conviction was strong enough even without the breath test. This judge pointed out that the officers had seen signs of intoxication in Boyd, like the smell of alcohol, his bloodshot eyes, and his poor performance on sobriety tests. The judge argued that Boyd's guilty verdict should stand since traditional signs of impairment by officers could be enough for a conviction.

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F 2003-1401

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In OCCA case No. F 2003-1401, Toni Lisa Dixon appealed her conviction for Driving while Under the Influence of Alcohol, second offense; resisting an officer; and failure to stop at a stop sign. In an unpublished decision, the court decided to modify her DUI conviction to a first offense and ordered a resentencing on that charge. The conviction for resisting an officer was affirmed, but the fine was reduced to $500. The conviction for failure to stop at a stop sign was also affirmed. One judge dissented.

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C-2003-845

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In OCCA case No. C-2003-845, Curtis Randall Foote appealed his conviction for multiple crimes including First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, and Threatening an Act of Violence. In an unpublished decision, the court decided to affirm the convictions for First Degree Burglary, Intimidation of a Witness, Domestic Abuse Assault and Battery, but to reverse the conviction for Threatening an Act of Violence with instructions to dismiss that charge. One judge dissented. Foote had entered a no contest plea in the District Court of Grady County, where the judge sentenced him to various terms of imprisonment. Foote later tried to withdraw his plea, but the court denied his request. He then appealed this denial. The court reviewed the entire case record and considered multiple reasons Foote presented for his appeal. The first issue was whether he truly entered his plea of no contest. The court found that he did intend to plead no contest, so the plea was accepted correctly by the trial court. Foote also argued that he should not have been treated as a habitual offender because his past convictions were not properly documented. While the court found that his maximum sentence was appropriate, they acknowledged an error in the judgment that needed correcting. Foote also claimed that being convicted of both Intimidation of a Witness and Threatening an Act of Violence was unfair, as they were linked. The court agreed and reversed the latter conviction. However, it determined that his other convictions were valid and based on separate actions. The court ruled that the evidence supporting his intimidation charge was sufficient, and his claim of not having proper legal representation was rejected. Ultimately, the court denied his petition for a writ of certiorari, which means they did not find enough reason to change the lower court's decisions aside from the reversal of the Threatening an Act of Violence charge. They ordered some corrections to the written judgment but upheld most of the other convictions.

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RE-2003-397

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In OCCA case No. RE-2003-397, the appellant appealed his conviction for multiple offenses including drug possession and firearms charges. In a published decision, the court decided to affirm the revocation of his suspended sentences. One judge dissented. The case involved Michael Wayne Hackler, who had been previously convicted in three separate cases. He was given five years of suspended sentences for felony and misdemeanor drug and firearm offenses. However, the state claimed he violated his probation by committing new crimes, which led to a petition to revoke his suspended sentences. During the revocation hearing, the judge decided that some evidence obtained against Hackler could not be used to revoke his probation due to improper police actions. However, the judge also ruled that the police behavior was not serious enough to apply a rule that would prevent that evidence from being considered in the revocation hearing. After examining the evidence, the court found that the appellant had indeed violated the terms of his probation and revoked his suspended sentences. The judge’s rulings were questioned, but the appeals court agreed that there was no major mistake in how the judge made his decisions. However, the court did note that the written sentences needed to be changed to show the correct punishments for some of the misdemeanor charges. In the end, the appeals court upheld the decision of the lower court to revoke the suspended sentences and ordered corrections to be made to the judgments regarding the sentences imposed.

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F-2002-899

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In OCCA case No. F-2002-899, Edward John VanWoundenberg appealed his conviction for Driving While Under the Influence (DUI) after having two or more previous convictions. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. VanWoundenberg was found guilty of DUI in a trial where a jury sentenced him to twenty years in prison. He raised several arguments in his appeal. He argued there were mistakes in the jury instructions, his sentence should be changed, a clerical error needed to be fixed, and that the combined effect of all the mistakes denied him a fair trial. The court reviewed all the information from the trial. It decided that VanWoundenberg’s case did not need to be reversed or changed, but there was a clerical mistake in the court documents that had to be corrected. The court found that the evidence did not support giving the jury instructions about lesser charges, and so the trial court acted correctly by not providing those instructions. VanWoundenberg also argued that his felony DUI sentence should not have been increased under a general law since it had already been raised under a specific DUI law due to his previous offenses. The court explained that it was legal to enhance (or increase) his sentence using a general law because he had many previous different felony convictions within the required time. The court pointed out that one of VanWoundenberg's arguments was mistaken; the rules allowed for both the specific and general laws to apply in his case. Finally, the court amended the total costs listed in the original court documents to a lesser amount due to a fee that should not have been included. In the end, the court confirmed VanWoundenberg's conviction and corrected the clerical error, but found no other issues that needed to change the outcome of the case.

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F-2002-1509

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In OCCA case No. F-2002-1509, Dontrell Maurice Baird appealed his conviction for trafficking in illegal drugs, possession of controlled dangerous substances, and possession of CDS without a tax stamp, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but required resentencing on the trafficking and possession charges, while upholding the sentence for the possession of drug paraphernalia. One judge dissented. Baird was convicted in the District Court of Payne County on multiple drug-related charges. The jury sentenced him to a total of 82 years in prison across four counts, with some sentences running concurrently and others consecutively. However, Baird appealed on several grounds, claiming that his right to due process was violated due to incorrect jury instructions on punishment, that evidence for some charges wasn't sufficient, and that his sentences were excessive. The court found that errors in the jury instructions affected the punishment range for three of the counts. Both Baird and the State agreed that the jury was not properly informed about the range of penalties for trafficking in cocaine base, possession of marijuana, and possession of CDS without a tax stamp. Baird's prior convictions complicated the appropriate classification of his current offenses, leading to confusion that the jury was not guided through properly. The court established that it would have been correct for the jury to be told about the proper punishment ranges, based on Baird's prior crimes. Given these mistakes in the instructions, the court decided to send the case back for resentencing on those counts without requiring a new trial. Despite Baird's claims that he was deprived of effective legal counsel, the court ruled that the issues raised concerning the jury instructions were enough to grant leniency in this case. The other claims, focusing on the sufficiency of evidence and whether the cumulative errors affected the trial's fairness, were found not to necessitate any further relief. Thus, the court upheld Baird's convictions but needed to correct the sentencing errors related to trafficking and possession charges, while confirming the sentence for unlawful possession of drug paraphernalia as appropriate.

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F 2001-873

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In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

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F-2000-1304

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In OCCA case No. F-2000-1304, Michael Renee Powell appealed her conviction for manufacturing controlled dangerous substances (CDS), unlawful possession of methamphetamine, maintaining a place for keeping and selling drugs, and unlawful possession of paraphernalia. In an unpublished decision, the court decided to reverse and dismiss the conviction for manufacturing CDS due to insufficient evidence. It noted that the conviction for maintaining a place for keeping and selling drugs would be modified to a misdemeanor instead of a felony. The court affirmed the convictions for the other counts. One judge dissented regarding the reversal of the manufacturing charge, believing there was enough evidence to uphold that conviction.

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F-1999-1654

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In OCCA case No. F-99-1654, Damean Ortego Tillis appealed his conviction for Unlawful Possession of Marijuana with Intent to Distribute and Feloniously Carrying a Firearm. In an unpublished decision, the court decided to modify the first conviction to Unlawful Possession of Marijuana and reduce the sentence to one year of imprisonment, which would be served consecutively with the sentence for the firearm charge. One judge dissented. Tillis was tried by jury in Caddo County and found guilty of both charges. The jury recommended a ten-year sentence for the marijuana charge and a twenty-year sentence for the firearm charge. The judge agreed to these sentences and ordered them to be served back-to-back. Tillis raised several points in his appeal. He argued that the trial court made mistakes, including admitting evidence of his previous conviction and not allowing a separate trial for the firearm charge. He claimed this hurt his chances for a fair trial. He also believed there wasn't enough evidence to prove he intended to distribute marijuana and that his sentence was too harsh. After reviewing everything, the court agreed that the trial court made a mistake by admitting evidence of Tillis's past conviction during the first part of the trial. This was against the rules because the laws say only certain previous convictions should be shared at certain stages of the trial. However, the court decided that, even with this mistake, the evidence against Tillis for possessing marijuana was strong enough to still uphold his conviction, but it should be changed to a less serious charge. For the second point, the court found no error in not telling the jury about a lack of knowledge defense regarding the firearm. They said there was no evidence to support that claim. On the third point, they agreed there wasn't enough evidence to show he wanted to distribute marijuana, so they modified that conviction to simple possession, which is less serious. Lastly, they said the sentences were not extreme, so the decision on the firearm charge stayed unchanged. In summary, Tillis's conviction for marijuana possession was lessened, and his sentence was adjusted, but the firearm conviction was maintained as originally sentenced.

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M-2000-230

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In OCCA case No. M-2000-230, Frank Ford appealed his conviction for Domestic Abuse. In a published decision, the court decided to reverse the sentence and order that it be aligned with the jury's verdict. One judge dissented.

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