Modification

F 2002-1481

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1481, Anthony John Hathcock appealed his conviction for Omitting To Provide For Minor Child. In a published decision, the court decided to reverse and remand the case for a new acceleration hearing. One judge dissented. Here's what happened: Hathcock pled no contest to the charges in November 2001 and was given a five-year deferred sentence. This means he didn't go to prison right away but had to follow certain rules, like paying child support. He was supposed to pay $100 a month for current support and catch up on a larger amount he owed. However, the State said he failed to make these payments and asked the court to speed up his sentence, which was called accelerating the sentence. A hearing took place in June 2002 where Hathcock represented himself, meaning he didn't have a lawyer. The judge decided that Hathcock broke the rules of his deferred sentence and sentenced him to one year in prison. Hathcock then appealed this decision, saying three main things. First, he claimed he didn’t effectively waive his right to have a lawyer. Second, he argued that the State didn't provide good evidence to justify speeding up his sentence. Third, he pointed out that it was unclear what his new sentence was supposed to be. The court looked at these claims during the appeal. They agreed with Hathcock that he did not properly waive his right to a lawyer and that this was an important issue. Because of this, the court decided to reverse the earlier decision and send it back to the lower court for a new hearing, ensuring that Hathcock would have legal representation this time. Overall, the court's order was that Hathcock's sentence acceleration was not valid as he was not given proper legal help during the initial proceedings.

Continue ReadingF 2002-1481

C-2003-403

  • Post author:
  • Post category:C

In OCCA case No. C-2003-403, David Lee Maywald appealed his conviction for Failure to Register as a Sex Offender and Registered Sex Offender Working with or Providing Services to Children. In a published decision, the court decided to modify the sentence in Count II to a fine only, while affirming the denial of the motion to withdraw his guilty plea. One judge dissented. David Lee Maywald, also known as David Lee Graham, was charged with two crimes related to being a registered sex offender. He entered a guilty plea to both charges and was sentenced to prison time and fines. After he changed his mind, he asked to withdraw his guilty plea, feeling he was misinformed about the potential sentences he might face. The court looked closely at Maywald's reasons for wanting to change his plea. First, he argued that he misunderstood the sentencing range for Count II, believing he faced more than just a fine. The court agreed that he shouldn't have received jail time for that count, as the law only allowed for a fine. So, they decided to change his sentence for Count II to just the fine amount. In his second argument, he felt he was misinformed about the maximum fine for Count I. However, the court found that the fine he received was less than what could have been, and since it matched what was agreed upon in the plea deal, it wasn’t a reason to withdraw his plea. For his third point, Maywald argued that he didn’t fully understand the implications of his guilty plea. The court said he didn’t provide enough evidence to show that he entered the plea without understanding its consequences. The court noted that he had been clearly informed multiple times about how he wouldn’t get credit for time served leading up to his sentencing. Overall, while Maywald's request to withdraw his plea was denied, the court acknowledged the error regarding the jail sentence for Count II and modified that sentence to comply with the law. The rest of the decisions from the lower court were kept the same. The judges agreed on most points, but one had a differing opinion on the case.

Continue ReadingC-2003-403

F 2002-1259

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1259, the appellant appealed his conviction for robbery in the first degree, robbery with imitation firearm, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but modified the sentences to run concurrently rather than consecutively. One judge dissented, stating that eleven life sentences shocked the court's conscience but eight did not.

Continue ReadingF 2002-1259

C-2003-1342

  • Post author:
  • Post category:C

In OCCA case No. C-2003-1342, Clifford Feaster appealed his conviction for robbery and other crimes. In an unpublished decision, the court decided that Feaster could not withdraw his guilty pleas, but they modified the judgment in one case. One judge dissented. Feaster had pleaded guilty in 1998 to several serious crimes, including robbery. After being sentenced to 45 years in prison, he tried to change his mind about the plea. The trial court initially did not allow him to withdraw it. The appeals court looked at Feaster's reasons for wanting to change his plea and held a hearing to examine the situation. Feaster argued that the trial judge did not provide enough information (a factual basis) for the guilty pleas and that he had not entered the pleas knowingly and voluntarily. However, the appeals court found that there was enough justification for his pleas and that he understood what he was doing when he agreed to plead guilty. In the final decision, the appeals court allowed a small change to the original judgment to make sure it correctly reflected what happened in the case, specifically concerning counts that were dropped. Overall, the appeals court did not find enough reason to let Feaster withdraw his guilty pleas.

Continue ReadingC-2003-1342

F 2002-1035

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1035, Russell DeWayne Dykes appealed his conviction for Assault and Battery on a Police Officer, Possession of a Controlled Dangerous Substance (Methamphetamine), and Possession of a Controlled Dangerous Substance without a Tax Stamp Affixed. In an unpublished decision, the court decided to affirm the convictions but modify some of the sentences. One judge dissented. Dykes was found guilty after a bench trial. The trial was held before a judge who decided his fate. Dykes received six years of imprisonment for each of the three counts. These sentences were supposed to run at the same time. Dykes argued several issues in his appeal. First, he said that the evidence against him wasn't handled properly, which made it less reliable, and that he did not get a fair trial because of that. Second, he claimed that the evidence presented by the State did not clearly show that he had the controlled substance, meaning he shouldn’t have been convicted for that crime. Third, Dykes believed that the judge gave him sentences that were longer than the law allowed. He asked for the sentences to be changed or at least reduced. He also thought the judge should have lowered his sentence based on what was said during an earlier part of the trial. Lastly, he argued that the combined effect of all these issues led to an unfair trial. After looking closely at all of Dykes' claims and the court documents, the judges decided that Dykes did not have a strong enough argument about the chain of evidence. They believed that even though Dykes raised questions about how the evidence was handled, there was still enough proof for a reasonable person to believe he was guilty. The court also agreed that although the sentences were initially longer than what was allowed, the errors could be fixed. They decided to lower the sentences: for the assault charge, Dykes would serve five years instead of six, and for the possession charge without a tax stamp, the court changed it to two years. In conclusion, the court affirmed that Dykes was guilty and solidified the evidence used, but they modified two of his sentences to fit what the law allowed.

Continue ReadingF 2002-1035

RE 2002-1124

  • Post author:
  • Post category:RE

In OCCA case No. RE 2002-1124, Earnest Williams appealed his conviction for violating the terms of his suspended sentences. In a published decision, the court decided to affirm the revocation of his suspended sentences in three cases but vacated the revocation of one case because it was found that the court did not have the authority to revoke that particular sentence. One judge dissented on part of the decision.

Continue ReadingRE 2002-1124

RE 2002-1245

  • Post author:
  • Post category:RE

In OCCA case No. RE 2002-1245, the appellant appealed his conviction for robbery with a weapon and conspiracy. In a published decision, the court decided to affirm the revocation of the appellant's suspended sentence but modify the sentence for conspiracy to ten years. One judge dissented.

Continue ReadingRE 2002-1245

F-2002-855

  • Post author:
  • Post category:F

In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.

Continue ReadingF-2002-855

F-2002-552

  • Post author:
  • Post category:F

In OCCA case No. F-2002-552, Jack Leroy Helms appealed his conviction for Unlawful Possession of Obscene Pictures of Minors. In an unpublished decision, the court decided to affirm Helms's conviction but to modify his sentence to two years of imprisonment. One member of the court dissented. The case began when Helms was tried by a jury and found guilty of having illegal pictures of minors. The trial took place in Jefferson County. The jury recommended a 15-year sentence, and the trial judge sentenced Helms accordingly. However, Helms argued that he should have been charged under a different law that applied specifically to possession of child pornography, which would result in a shorter sentence. The court agreed that Helms should have been charged under the more specific statute, but they affirmed his conviction. They also decided that his imprisonment sentence should be reduced to two years instead of the original 15 years. Helms raised several issues during his appeal, claiming that he was unfairly treated during the trial, that there wasn't enough evidence against him, and that his sentence was too harsh. The court found that the evidence was sufficient to uphold his conviction, as there were witnesses and online activities that indicated he had access to the illegal pictures. In the end, Helms's conviction was upheld, but changes were made to the judgment to show he was convicted under the correct law and his sentence was adjusted to be less severe. The decision allowed some correction but ultimately found in favor of the prosecution's case against Helms.

Continue ReadingF-2002-552

F 2003-648

  • Post author:
  • Post category:F

In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

Continue ReadingF 2003-648

RE-2002-523

  • Post author:
  • Post category:RE

In OCCA case No. RE-2002-523, Lonnie George Baker, Jr., appealed his conviction for the revocation of his suspended sentence. In a published decision, the court decided to affirm the revocation but modified the length of the sentence. One judge dissented. Baker had pleaded guilty to possessing illegal drugs and was given a five-year suspended sentence, which meant he wouldn't go to jail unless he broke the rules. However, he violated the terms of his suspension, leading the state to file a petition to revoke it. After a hearing, the judge decided that Baker had indeed broken the rules and revoked his suspended sentence. Initially, the judge announced Baker should be locked up for 4 years and 4 months. But later, Baker argued that this was incorrect because he had less time left to serve. The state agreed with him on that point. They also discussed extra time Baker spent in a mental hospital, but the court decided he wasn't entitled to credit for those days. Ultimately, the court agreed that Baker should go to jail, but they changed his sentence from 4 years and 4 months to 4 years and 90 days.

Continue ReadingRE-2002-523

F-2002-202

  • Post author:
  • Post category:F

In OCCA case No. F-2002-202, Kenneth Glenn Thompson appealed his conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery. One judge dissented regarding the conspiracy charge, believing there was not enough evidence to support it.

Continue ReadingF-2002-202

F 2002-101

  • Post author:
  • Post category:F

In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

Continue ReadingF 2002-101

F-2001-1061

  • Post author:
  • Post category:F

In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.

Continue ReadingF-2001-1061

RE-2001-1120

  • Post author:
  • Post category:RE

In OCCA case No. RE-2001-1120, Mitchell Wayne Pate appealed his conviction for Felony Omission to Provide for a Child. In a published decision, the court decided to modify the partial revocation of his suspended sentence. The State agreed that the appeal had merit, and the court changed the previous decision to state that only one year and six months of Pate's suspended sentence is revoked.

Continue ReadingRE-2001-1120

F-2001-503

  • Post author:
  • Post category:F

In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

Continue ReadingF-2001-503

C-2001-1216

  • Post author:
  • Post category:C

In OCCA case No. C-2001-1216, Jessica Melissa Woods appealed her conviction for Injury to a Minor Child. In an unpublished decision, the court decided to affirm the district court's denial of her application to withdraw her guilty plea. One judge dissented. Jessica entered a blind plea of guilty, which means she admitted her guilt without a deal or agreement. The trial judge sentenced her to twenty years in prison but suspended ten years of that sentence, which allowed her to not serve that time unless she got in trouble again. Jessica later wanted to take back her guilty plea because she felt her mental condition affected her decision. She asked the court to let her do this, but the court said no. They looked at her case and decided that she had entered the plea knowingly and willingly, meaning she understood what she was doing when she agreed to plead guilty. Jessica also wanted help with paying certain fees, including for restitution (money paid to victims), a Victim's Compensation Assessment, and a fee for preparing transcripts (written records of court proceedings). The court found that she did not have enough evidence to change the orders about the payments for restitution and the Victim's Compensation Assessment, so that part was not changed. However, they agreed to modify the fee for the transcript since the court had said she was too poor to pay for it herself. In the end, the court decided that Jessica would still have to deal with the twenty years of sentencing, but it would change the transcript preparation fee to a lower amount. They confirmed the earlier court's decision and denied her request to change her plea.

Continue ReadingC-2001-1216

F-2001-264

  • Post author:
  • Post category:F

In OCCA case No. F-2001-264, Gavin Lee Hawkins appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the conviction for one count and modify the sentence for the other count. One judge dissented. Gavin Lee Hawkins was found guilty of two counts of lewd molestation in Grady County. The jury sentenced him to serve ten years for the first count and twenty years for the second count, with both sentences to be served one after the other. Hawkins appealed, raising several issues he believed were errors that affected his trial. First, Hawkins argued that the prosecutor made a mistake during her closing arguments, which he thought was serious enough to affect the outcome of the case. The court agreed that the closing argument was improper and decided to change the twenty-year sentence for the second count to ten years. Next, Hawkins claimed that the trial court did not consider all the options when deciding his sentence. However, the court found no evidence that the trial court failed to do its job correctly in this regard. Hawkins also said he should have been allowed to call a witness named Bianca Thomas, but the court decided that the trial judge acted within reason when excluding her from testifying. Lastly, Hawkins felt that his lawyer did not help him properly during the trial. While the court agreed that his lawyer's performance was not up to standard, they concluded that it did not negatively impact Hawkins's case overall. Ultimately, the court affirmed the decision for the first count of lewd molestation and adjusted the sentence for the second count to ten years, while still keeping the sentence structure as ordered by the lower court.

Continue ReadingF-2001-264

M 2001-0393

  • Post author:
  • Post category:M

In OCCA case No. M 2001-0393, Albino Rosendo Soto appealed his conviction for Possession of Marijuana. In a published decision, the court decided to affirm the conviction but reduced the victim's compensation assessment from $25.00 to $20.00. One judge dissented.

Continue ReadingM 2001-0393

F-2002-324

  • Post author:
  • Post category:F

In OCCA case No. F-2002-324, Michael Lee Barry appealed his conviction for multiple counts related to burglary and theft. In an unpublished decision, the court decided to affirm Barry's felony convictions but modified his misdemeanor sentence for petit larceny to comply with legal limits. One judge dissented. Barry had entered a guilty plea for three felony counts of burglary and one count of petit larceny. As part of a deal, he was accepted into a Drug Court program, which provided him a chance to avoid a lengthy prison sentence if he successfully completed the program. However, if he did not finish the program, he would face significant prison time. During his time in Drug Court, Barry struggled with multiple violations, including testing positive for drug use and not cooperating with the Drug Court rules. Eventually, the state filed to terminate his participation in Drug Court, citing many infractions. After a hearing, Barry was removed from the program and sentenced to substantial prison time. Barry’s appeal pointed out several arguments: he claimed the court had no authority to act because the motion to terminate him from Drug Court was not correctly filed; he argued that being removed for offenses that he had already been punished for was unfair; he asserted that the evidence wasn’t enough to justify his removal; and he stated that his sentence for petit larceny was too long according to the law. The court found that Barry did have proper notice about the termination and that the Drug Court acted correctly. They ruled that multiple violations over time justified his termination from the program. However, they acknowledged that his sentence for petit larceny exceeded what was legally allowed, and they made the necessary modification. In summary, while the court upheld the serious consequences of his actions leading to his removal from the Drug Court, they also corrected the sentencing error for the lesser offense, ensuring the judgment aligned with the laws governing such cases.

Continue ReadingF-2002-324

RE 2001-0663

  • Post author:
  • Post category:RE

In OCCA case No. RE 2001-0663, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the Appellant had previously pled guilty to unauthorized use of a motor vehicle, possession of cocaine, and possession of drug paraphernalia. As a result, the Appellant was given a suspended sentence of five years for the first two counts and a one-year suspended sentence for the third count. A suspended sentence means that the person does not have to serve time in jail unless they break the rules. Later, the State wanted to take back the suspended sentences because they believed the Appellant broke the rules. They filed an application for revocation, and a hearing was held. The judge decided to revoke the five-year suspended sentences for the first two counts but found that the one-year sentence for the third count had already expired. The judge also ordered that the new sentences would run consecutively with any new cases the Appellant might have. This means that the Appellant would serve time for the revocation and also for any new offenses afterward without merging those sentences. However, the Appellant appealed this decision, arguing that the judge did not have the authority to order the five-year sentences to run consecutively with new cases. The higher court agreed with the Appellant's argument and said the judge made a mistake in this part of the decision. The court affirmed the revocation of the Appellant's suspended sentences but modified the sentence to remove the part about running consecutively. This means the Appellant would still be punished for breaking the rules, but they wouldn't have to serve their new sentences one after the other in this case. The court instructed the lower court to update the judgment to reflect this change. In summary, while the Appellant's suspended sentences were revoked, the way the new sentences were to be served was changed. The final decision supported the revocation, but clarified the terms of the punishment.

Continue ReadingRE 2001-0663

J 2001-616

  • Post author:
  • Post category:J

In OCCA case No. J 2001-616, J.J.A. appealed his conviction for three counts of Burglary of an Automobile. In an unpublished decision, the court decided to affirm the conviction but modify it to reflect only two counts of Burglary of an Automobile. One member of the court dissented. The case began when a petition was filed against J.J.A. claiming he was a delinquent child due to the alleged burglaries. An adjudication hearing was held where the evidence was presented. J.J.A. argued that his rights were violated because statements made by a co-defendant who did not testify against him were used, and this went against his right to confront witnesses as established in a past case. After reviewing the details, the court found that although the trial court did not consider any statements that directly implicated J.J.A., two other codefendants did testify against him regarding two of the burglaries. As a result, the court decided to modify the adjudication to show that he committed only two counts instead of three. Overall, the decision confirmed the conviction but adjusted the count to ensure it aligned with the evidence presented.

Continue ReadingJ 2001-616

J-2001-57

  • Post author:
  • Post category:J

In OCCA case No. J-2001-57, J.L.H. appealed her conviction for Public Drunk. In an unpublished decision, the court decided to affirm the adjudication of delinquency and disposition of the District Court while modifying the victim compensation assessment. One judge dissented. J.L.H. was found delinquent because she did something that, if she were an adult, would be considered being publicly drunk. This happened in the District Court of Grady County. After the court made its decision, J.L.H. was placed under the care of the Office of Juvenile Affairs and was to live with her grandmother. J.L.H. had three main reasons for her appeal. First, she believed that the court's decision did not match the evidence presented and the court's own conclusions. Second, she thought it was wrong that her treatment plan was not filed on time, as the rule says it should be done in thirty days. Third, she argued that the court should not have made her pay a victim compensation fee because it did not apply to her case. After looking closely at the records, the court found that there was enough proof during the hearing to support the decision made about J.L.H. They decided that the way she was placed with her grandmother was in her best interest and fit with the law's requirements. The court also determined that not filing the treatment plan on time did not harm J.L.H. However, the court agreed with J.L.H. on the issue of the victim compensation fee. They said that the court could not charge her this fee because there was no evidence to support it in her case. So, they decided to cancel the $25 fee. Overall, the court upheld the main decision about J.L.H.'s delinquency and how she would be treated, but they removed the charge for the victim compensation fee.

Continue ReadingJ-2001-57

F-2000-1163

  • Post author:
  • Post category:F

In OCCA case No. F-2000-1163, Byrin Carr appealed his conviction for unlawful delivery of a controlled dangerous substance (cocaine base). In an unpublished decision, the court decided to modify Carr's convictions. One judge dissented. Byrin Carr was found guilty by a jury of two counts related to selling cocaine near a school and public housing. The judge sentenced him to ten years in prison for each count, plus fines. However, Carr argued that the court made mistakes during his trial. One of the key points was that Carr wanted the jury to hear about entrapment. This means he believed he was tricked into committing the crime by police. The court agreed that this important point should have been shared with the jury. Because of this mistake, the court changed Carr's convictions. Now, instead of being convicted of delivery, Carr was found guilty of possessing cocaine near a school and just possession of cocaine in general. His new sentence was reduced to five years for each conviction, to be served one after the other. While most of the judges agreed with this decision, one judge dissented. This dissenting judge believed that instead of changing the convictions, the case should be sent back for a new trial to address the mistakes made. Overall, the case highlighted the importance of fair instructions to the jury and how mistakes in court can lead to changes in sentences or corrections in charges.

Continue ReadingF-2000-1163

F 2000-740

  • Post author:
  • Post category:F

In OCCA case No. F 2000-740, the appellant appealed his conviction for Attempted Escape. In a published decision, the court decided to affirm the conviction but modified the sentence from three and a half years to two years imprisonment. Two judges dissented regarding the sentence modification. The case involved the appellant trying to escape from a private prison that was not officially recognized as a penitentiary. The court determined that the appellant should have been charged under a specific law concerning attempted escapes from non-penitentiary facilities. After reviewing the case, the judges concluded that while the conviction was valid, the original sentence was excessive since the appropriate law related to his actions was different than what was originally applied.

Continue ReadingF 2000-740