Neglect

In OCCA case No. F-2018-198, Ann Sykes appealed her conviction for Abuse by Caretaker (Neglect) and Abuse by Caretaker (Financial Exploitation). In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Ann Sykes was found guilty of two types of abuse against her son, who is a vulnerable adult. The first conviction was for not providing him with basic needs like food and shelter. The second conviction was for mishandling his money. The court sentenced her to eight years in prison but suspended three years, meaning she would only serve five years in custody. Appellant raised several problems with the trial process. She claimed that hearsay evidence, which is when someone repeats what another person said outside of court, was used against her unfairly. However, the court found that much of the evidence was not considered hearsay because it was not meant to prove the truth of the statements, and any hearsay that was improperly admitted didn't impact the trial's outcome. Sykes also argued that witnesses were allowed to testify without personal knowledge of the information they shared. The court disagreed, stating that witnesses had information based on their own experiences or observations. Another point of appeal was about whether the trial court made mistakes by letting certain opinions into evidence. A social worker testified about how not getting enough nutrition could affect someone's mental state. The court decided that the social worker was qualified to give that information based on her experience. Sykes claimed her two convictions meant she was being punished twice for the same actions, which is called double punishment. The court found that the actions leading to the two charges were different enough to allow both charges to stand without violating the law. She also believed that the charges against her were not clearly stated in the official documents, but the court noted that she didn’t raise this issue during the trial, so it wasn’t considered on appeal. Another argument was that she was denied a right to have a lawyer appointed to help her during the trial. The court found that although there was a lack of a hearing on this, Sykes did have a lawyer who represented her during the trial. Sykes claimed her lawyer did not do a good enough job. The court noted that for a claim like this, Sykes needed to show both that her lawyer did not perform well and that this affected the trial's outcome. The court did not find evidence that the lawyer's actions changed the trial's result. Lastly, Sykes claimed that even with the errors made during her trial, they did not add up to deny her a fair trial overall. The court agreed, concluding that the errors did not require the reversal of her conviction. Overall, the court affirmed the conviction and sentence, meaning Sykes will continue to serve the time given by the lower court. The application to further review her claims about lawyer effectiveness was denied as well.