Obstructing an Officer

F-2021-512

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In OCCA case No. F-2021-512, Trevor Leif Toppah appealed his conviction for Burglary in the Second Degree and Obstructing an Officer. In an unpublished decision, the court decided to affirm his judgment and sentence, except for modifying the fee assessed for his indigent defense. One judge dissented. Toppah was found guilty of second degree burglary and obstructing an officer by a district court. The burglary charge was based on the fact that he broke into a parked automobile with the intent to commit theft. During his trial, the judge considered if there was enough evidence to support the burglary conviction, focusing on whether Toppah used force to enter the vehicle and if he had the intention of stealing anything. The court reviewed the evidence and determined that it was enough for a reasonable person to believe Toppah was guilty of burglary. They noted that breaking into a car, even by just opening the door, is considered a form of breaking necessary for a burglary charge. The court also mentioned that proving intent could be done through either direct or indirect evidence, which they found sufficient in Toppah's case. Toppah raised some issues regarding money charged for his defense costs. He argued that the court charged him too much and that it should be less, as stated in the law. Although his lawyer didn’t object to this during the trial, the court noticed that they had made a mistake. They admitted that the fee should have been $250 instead of the $500 that was charged. Lastly, Toppah argued that a series of errors during his trial caused him not to receive a fair trial. However, the court found that the only error that needed correcting was the higher fee, and that this error did not affect the overall fairness of his trial. In summary, the court upheld Toppah's conviction for burglary but corrected the amount he had to pay for the public defense.

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F-2017-1000

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In OCCA case No. F-2017-1000, Sonny Raye McCombs appealed his conviction for several crimes including robbery, using a vehicle in a crime, possessing a firearm, larceny, and obstructing an officer. In an unpublished decision, the court decided to reverse the convictions and dismiss the case. McCombs argued that the court did not have jurisdiction over his case because he is a member of the Muscogee (Creek) Nation and the crimes happened on Native American land, which is called Indian Country. The court agreed that the State of Oklahoma could not prosecute him for these crimes because of the legal rulings made in earlier cases regarding Indian rights and territories. The majority of the judges emphasized that the crimes took place in areas still recognized as part of Indian Country, leading to the conclusion that the state lacked the authority to prosecute him. One judge dissented, expressing concerns over the majority opinion and its implications for federal and state law relationship.

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F-2017-1279

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In OCCA case No. F-2017-1279, Dakota James Alleyn Shriver appealed his conviction for Second Degree Murder, Accessory After the Fact, and misdemeanor Obstructing an Officer. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. One judge dissented. Dakota Shriver was found guilty by a jury and sentenced to serve time for various charges. Shriver argued that he should not have been tried in state court because he is a citizen of the Cherokee Nation and the crime happened on land that is considered Indian Country. This argument was based on a previous case, McGirt v. Oklahoma, which changed how some crimes are viewed depending on whether they happen on Native American land. The court decided to look into these claims further and sent the case back to the lower court to gather more information. The lower court held a hearing to determine if Shriver was indeed an Indian and if the crime occurred on a reservation. After the hearing, the lower court found Shriver was a member of the Cherokee Nation and that the crime did happen within the boundaries set for the reservation. The evidence showed that Shriver had a certain amount of Cherokee blood and was a recognized member of the Cherokee Nation at the time of the crime. The court found that the United States Congress had established a reservation for the Cherokee Nation, and no evidence existed to prove that Congress had removed those boundaries. Both parties were allowed to respond to the findings from the lower court. Shriver's team argued that the court should agree with the lower court's findings because they were backed by the evidence presented. The state agreed with these findings but asked for time to look at the case again in terms of whether they could charge Shriver under different laws. After considering everything, the court agreed with the findings of the lower court and decided that the state did not have the right to prosecute Shriver. Therefore, they overturned the convictions and told the lower court to dismiss the case.

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F-2018-1187

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In the Court of Criminal Appeals of the State of Oklahoma, the case reviewed is that of Pearlena Hall, who appealed the decision of the district court following her termination from the mental-health court program. On May 4, 2017, Hall entered guilty pleas in two cases related to larceny, obstructing an officer, and possession of drug paraphernalia. After entering the mental-health court program, she faced a motion to terminate her participation due to allegations of committing a new crime and various rule violations. The court reviewed the appeal for any abuse of discretion regarding the termination. The decision to terminate a defendant from a mental-health court must uphold minimum due process standards, which includes proper notice of violations, an opportunity to be heard, and the ability to confront witnesses. Hall argued that her due process rights were violated because the State did not file a new application for removal and thus did not provide adequate notice about the allegations against her. However, the court found that Hall was aware of the allegations, which she confessed to during the proceedings. The judge provided opportunities for her to comply with program requirements, and a delay in sentencing that favored Hall did not equate to a due process violation. The court highlighted that she could not complain about delays she acquiesced to during the processes. Ultimately, the court affirmed Hall's termination from the mental-health court, ruling that her procedural rights had been sufficiently met. Thus, her appeal was denied, and the termination order was upheld. The court's opinion was delivered by Judge Rowland, with Judges Lewis, Kuehn, Lumpkin, and Hudson concurring with the decision. The mandate was ordered as per Oklahoma Court rules, and the relevant parties were identified for representation. For further reference, you can view the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1187_1734785215.pdf).

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M-2018-1055

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **SADE DEANN McKNIGHT, Appellant,** **V.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. M-2018-1055** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA OCT - 3 2019** **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Sade Deann McKnight seeks to appeal her Judgment and Sentence from the District Court of Payne County, Case No. CM-2016-1491, for her misdemeanor convictions of Obstructing an Officer, 21 O.S.Supp.2015, § 540 (Count 1) and Resisting an Officer, 21 O.S.1991, § 268 (Count 2). The Honorable R.L. Hert, Special Judge, presided over the jury trial, where McKnight was sentenced to a $500.00 fine for Count 1 and six weeks confinement in the county jail along with a $500.00 fine for Count 2. **FACTS** On September 9, 2016, during severe weather, Appellant lost control of her vehicle on Interstate 35, resulting in a collision. Upon the Oklahoma Highway Patrol's arrival, Trooper Ryan Long found McKnight and her three small children in an ambulance nearby. Initially cooperative, McKnight became argumentative upon learning she would be ticketed for driving too fast for conditions. As tensions increased, McKnight attempted to leave the ambulance and re-enter her car despite Trooper Long's directives to stay. Following her non-compliance, Trooper Long attempted to escort her back, which led to her striking him and resisting arrest. Subsequently, she was charged with obstructing and resisting an officer. **ANALYSIS** 1. **Sufficiency of Evidence for Obstruction** Appellant argues that evidence was insufficient to support her conviction for obstruction. The jury instruction required proof that McKnight willfully obstructed an Oklahoma Highway Patrolman in the discharge of his duties. Long's testimony confirmed the nature of his duties and her non-compliance. Viewing the evidence favorably for the prosecution, we conclude a rational jury could find McKnight guilty beyond a reasonable doubt. 2. **Resisting Unlawful Arrest** McKnight contends her conviction for resisting an officer should be reversed due to an unlawful arrest. This argument, raised for the first time on appeal, is examined for plain error. However, because Long had probable cause to arrest McKnight for obstruction as evidenced by her behavior, the arrest was lawful, negating her claim. 3. **Excessiveness of Sentences** Finally, Appellant challenges the sentences as excessive. However, both sentences fall within statutory limits, and we find they do not shock the conscience. **DECISION** The Judgment and Sentence of the District Court is AFFIRMED. **MANDATE** Pursuant to Rule 3.15 of the Oklahoma Court of Criminal Appeals, the MANDATE is ORDERED issued upon filing of this decision. --- **COUNSEL** **At Trial:** Stephen Cale, Tulsa, OK **On Appeal:** Ariel Parry, Norman, OK; Rodrigo Carrillo, Stillwater, OK **For the State:** Mike Hunter, Oklahoma City, OK **OPINION BY:** ROWLAND, J. **Concur:** LEWIS, P.J.; KUEHN, V.P.J.; LUMPKIN, J. (concur in results); HUDSON, J. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2018-1055_1734357754.pdf)

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F-2018-0851

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**In The Court of Criminal Appeals of the State of Oklahoma** **Keye Yarnell Smith,** Appellant, **v.** **The State of Oklahoma,** Appellee. **No. F-2018-0851** **Filed August 15, 2019** **Summary Opinion** **Presiding Judge Lewis:** On December 23, 2014, Keye Yarnell Smith was charged in Tulsa County Case No. CF-2014-6405 with: - Count 1: Possession of Controlled Drug (felony) - Count 2: Unlawful Possession of Drug Paraphernalia (misdemeanor) - Count 3: Obstructing an Officer (misdemeanor) Smith pled guilty to all counts on August 26, 2015. Sentencing was deferred until August 17, 2018, pending successful completion of the Tulsa County Drug Court program, which would result in a four-year deferred sentence for Count 1, with Counts 2 and 3 dismissed. If terminated from the program, he would face six years imprisonment for Count 1 and one year in the County Jail for Counts 2 and 3, with sentences running concurrently and credit for time served. On July 5, 2018, the State filed a Motion to Revoke Smith’s participation in Drug Court, citing violations of program rules. After a hearing, Special Judge April Seibert ordered Smith's termination from the program and sentenced him per the plea agreement. Smith appeals this decision, claiming the trial court abused its discretion in terminating him from Drug Court. On appeal, Smith argues the court lacked adequate information due to the absence of the Performance Contract and Rules of Drug Court in the record. However, evidence provided during the hearing demonstrated that the trial court did not abuse its discretion. Oklahoma Statute Title 22 O.S. § 471.7(E) outlines that drug court judges must recognize relapses and provide progressive sanctions, rather than automatic termination, unless the offender's conduct warrants such action. The judge has broad authority over program removal decisions as outlined in § 471.7(G). This Court reviews the lower court’s decisions for abuse of discretion, which requires Smith to show that the court reached a clearly erroneous conclusion. No objections were raised by Smith regarding the allegations or the lack of understanding of the program's rules. **Decision:** The Court affirms the State’s Motion to Revoke Smith’s participation in Drug Court in Tulsa District Court Case No. CF-2014-6405. The mandate will be issued upon the delivery and filing of this decision in accordance with Rule 3.15 of the Oklahoma Court of Criminal Appeals. **Appearances:** - **Counsel for Appellant:** Stephanie Singer - **Counsel for Appellee:** Cindy Cunningham, Assistant District Attorney - **Attorney General:** Mike Hunter, Sher M. Johnson **Opinion By:** Presiding Judge Lewis **Concurred by:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-0851_1735123379.pdf)

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RE-2018-630

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CHRISTOPHER CHARLES DOWNUM,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-630** **FILED JUN 20 2019** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **HUDSON, JUDGE:** On July 14, 2017, Appellant Downum, represented by counsel, entered a plea of nolo contendere to a charge of Malicious Injury to Property in McIntosh County Case No. CM-2017-317. Downum was sentenced to one (1) year in the McIntosh County jail, all suspended, subject to terms and conditions of probation. On October 18, 2017, the State filed a Motion to Revoke Downum's suspended sentence alleging he committed the new offenses of Public Intoxication and Obstructing An Officer in McIntosh County Case No. CM-2017-457. The District Court of McIntosh County, presided over by the Honorable James D. Bland, held a combined revocation hearing and preliminary hearing on May 31, 2017, and revoked ten (10) days of Downum's suspended sentence in Case No. CM-2017-317. From this Judgment and Sentence, Downum appeals with the following propositions of error: 1. The trial court used the wrong legal standard in revoking Downum's suspended sentence. 2. The evidence was insufficient to show that Downum committed the acts of public intoxication and obstructing an officer. 3. The sentence imposed by the trial court is excessive. The revocation of Downum's suspended sentence is **AFFIRMED**. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. The Court examines the basis for the factual determination and considers whether the court abused its discretion. Downum agues in Proposition I that Judge Bland used the wrong standard in revoking his suspended sentence by confusing the burden of proof for revoking a suspended sentence with that required for a preliminary hearing. This concern relates to Proposition II, where Downum claims there was insufficient evidence even if the appropriate standard had been applied. However, alleged violations of conditions of a suspended sentence need only be proven by a preponderance of the evidence. The Court finds no evidence in the appeal record supporting Downum's claim that Judge Bland did not apply the correct standard. The record shows competent evidence was presented at the revocation hearing, allowing the court to determine, by a preponderance of the evidence, that Downum violated his probation terms. Consequently, Propositions I and II are denied. In Proposition III, Downum argues that the ten-day revocation is excessive, citing no supporting authority. The Court has established that violation of any condition of probation can justify revocation of a suspended sentence. No abuse of discretion is found in Judge Bland's decision to revoke ten days of Downum's suspended sentence. **DECISION** The order of the District Court of McIntosh County revoking ten (10) days of Appellant's suspended sentence in Case No. CM-2017-317 is **AFFIRMED**. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF MCINTOSH COUNTY** **THE HONORABLE JAMES D. BLAND, DISTRICT JUDGE** **APPEARANCES AT TRIAL** WARREN GOTCHER GOTCHER & BEAVER 323 E. CARL ALBERT PKWY. P.O. BOX 160 MCALESTER, OK 74502 COUNSEL FOR APPELLANT **APPEARANCES ON APPEAL** WARREN GOTCHER GOTCHER & BEAVER 323 E. CARL ALBERT PKWY. P.O. BOX 160 MCALESTER, OK 74502 COUNSEL FOR APPELLANT GREGORY R. STIDHAM ASST. DISTRICT ATTORNEY MCINTOSH COUNTY 110 NORTH FIRST STREET EUFAULA, OK 74432 COUNSEL FOR THE STATE MIKE HUNTER ATTORNEY GENERAL OF OKLAHOMA THEODORE M. PEEPER ASST. ATTORNEY GENERAL 313 N.E. 21ST STREET OKLAHOMA CITY, OK 73105 COUNSEL FOR THE STATE **OPINION BY:** HUDSON, J. **LEWIS, P.J.: CONCUR** **KUEHN, V.P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **ROWLAND, J.: CONCUR** **[END OF DOCUMENT]** [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-630_1734428440.pdf)

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F-2017-1301

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In OCCA case No. F-2017-1301, William Curtis Box appealed his conviction for Aggravated Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the acceleration of his deferred judgment, which meant that his earlier decision to defer judgment was changed to a conviction. One judge dissented. The case started when Box was found guilty of a crime related to domestic violence and was given a deferred judgment, meaning he wouldn’t have a criminal record if he followed certain conditions for ten years. However, he did not follow those conditions and committed another crime called Obstructing an Officer. When the State of Oklahoma found out, they asked the court to change his deferred judgment to a conviction. Box argued that his probation should not be accelerated because the court did not have a written list of rules for his probation. He referred to previous cases from 1969 and 1970 which ruled in favor of defendants when there were no signed probation rules. However, the court explained that in later cases, they decided that a person on probation should understand they cannot commit any further crimes, even without a written agreement. Box also asked to withdraw his agreement to the State's application to change his probation status but could not find any laws that allowed him to do so. The court noted that a stipulation, or agreement, to accelerate a deferred judgment is different from things like guilty pleas, and there is no established way to take back such an agreement. Moreover, Box claimed that his sentence was too harsh. However, the court stated that during an acceleration appeal, they can only examine whether the acceleration was lawful, not whether the sentence was too long. Ultimately, the court upheld the decision to accelerate Box's judgment to a conviction based on his probation violation. They found no evidence of an abuse of discretion by the lower court in making this decision.

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F-2018-83

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In OCCA case No. F-2018-83, the appellant appealed his conviction for terminating his participation in a drug court program. In an unpublished decision, the court decided to affirm the termination of the appellant's participation in the Kay County Drug Court Program. One judge dissented. The case began with the appellant being charged with domestic abuse, followed by several other charges which led to his participation in the drug court program. He had previous sentences but entered a plea agreement that allowed him to avoid immediate incarceration if he completed the program successfully. However, after multiple instances of non-compliance, the state requested to terminate him from the program. During a hearing, the judge evaluated whether the appellant had violated the terms of his performance contract in the drug court. The judge determined that he had. The appellant argued that the judge should have given him more chances to comply with the rules of the program, but the judge concluded that the appellant's actions warranted termination. The court ultimately agreed with the judge's decision, stating that he had not abused his discretion in terminating the appellant’s participation in the drug court program. The termination was deemed appropriate given the appellant's repeated violations.

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F-2017-970

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In OCCA case No. F-2017-970, Angelica C. Coats appealed her conviction for several crimes including drug possession and obstruction of an officer. In an unpublished decision, the court decided to affirm the district court’s decision to accelerate her deferred judgment and sentence because she had violated probation by failing to pay required fees. One judge dissented, arguing that she was not willfully failing to pay because she had been declared indigent in court and there was no inquiry into her ability to pay.

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F-2016-1015

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DERRECK RYAN GRAY,** Appellant, Case No. F-2016-1015 **V.** **STATE OF OKLAHOMA,** Appellee. --- **SUMMARY OPINION** **LUMPKIN, PRESIDING JUDGE:** Appellant Derreck Ryan Gray was convicted by jury of Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine) With Intent to Distribute (Count I) and Obstructing an Officer (Count II) in the District Court of Payne County. The jury recommended a sentence of twenty-four years for Count I and one year in jail with a $500 fine for Count II. The trial court sentenced Appellant according to the jury's recommendations, though it reduced the fine in Count II to $100. The sentences were ordered to run concurrently. Appellant appeals, raising one proposition of error: 1. The trial court erred in denying Appellant's motion to suppress evidence obtained during what he contends was an illegal seizure. After reviewing the details of the case and the arguments presented, we conclude that no relief is warranted. During the traffic stop for a violation, neither the driver nor Appellant had valid driver's licenses. Consequently, the vehicle was to be impounded. Upon concluding the traffic stop, Appellant was free to leave, but officers instructed him to exit the vehicle to inventory it. As he did, Officer Cluck observed a plastic bag drop to the floor. When instructed not to touch it, Appellant ignored this and attempted to flee with the bag. Officer Cluck arrested Appellant for Obstructing an Officer, which permitted retrieval of the bag. Subsequent analysis of the bag revealed it contained methamphetamine. Appellant asserts that the seizure of the bag was improper; however, he does not dispute the legality of the traffic stop or the imminent impoundment. His attempt to flee with the bag constituted obstruction, providing probable cause for his arrest. This established legal basis nullifies his argument against the seizure of the evidence. In reviewing the trial court's actions regarding the suppression motion, we find no abuse of discretion. The trial court's denial of the motion to suppress is affirmed, as Appellant's conduct provided justification for his detention and the subsequent evidence seizure, which does not violate his Fourth Amendment rights. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** Royce Hobbs, Stillwater, OK, Counsel for Defendant **APPEARANCES ON APPEAL** Robert W. Jackson, Norman, OK, Counsel for Appellant Laura Austin Thomas, Payne County District Attorney **OPINION BY:** LUMPKIN, P.J. **Concur:** LEWIS, V.P.J.; HUDSON, J.; KUEHN, J.; ROWLAND, J.

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F-2016-1181

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In summary, Stephen Charles Swanson, Jr. appealed the revocation of his suspended sentence in the District Court of Ottawa County after he stipulated to allegations of violating the conditions of his probation. The trial court had found that he committed multiple violations, including new criminal charges, failure to report, absconding, and failure to pay fines. The Oklahoma Court of Criminal Appeals upheld the trial court’s decision, affirming that the revocation was not an abuse of discretion. The court noted that the revocation of a suspended sentence is at the discretion of the trial court and will only be reversed if there is a clear error in judgment against the evidence presented. The ruling was affirmed, and the mandate was ordered issued upon filing this decision.

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C-2016-718

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In OCCA case No. C-2016-718, Jones appealed his conviction for robbery with a dangerous weapon and kidnapping. In a published decision, the court decided to vacate the sentence for one count where he was not charged, but affirmed the rest of the convictions. One judge dissented.

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F-2011-460

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In OCCA case No. F-2011-460, Tate appealed his conviction for multiple offenses including Attempting to Elude a Police Officer and Running a Roadblock. In an unpublished decision, the court decided to affirm some convictions and reverse others. One judge dissented. Tate was found guilty of trying to get away from the police and running through roadblocks. He also faced charges for assaulting a police officer. The jury recommended sentences which included prison time and fines. Tate argued that he should not be punished for multiple offenses when they stemmed from the same action of fleeing from police, claiming this violated laws against double punishment. The court reviewed the evidence and decided that, while some of Tate's claims were valid, such as his objections to being convicted for both Obstructing and Resisting an Officer, other aspects did not warrant reversal. The judges agreed that being punished separately for Attempting to Elude and for Assaulting an Officer was acceptable because they involved different actions. Overall, the court upheld the conviction on some counts, but reversed others due to overlapping aspects of Tate’s actions. The discussion highlighted the importance of careful laws around double jeopardy to ensure fair punishment.

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C-2010-765

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In OCCA case No. C-2010-765, Polk appealed his conviction for multiple counts including Child Sexual Abuse, First Degree Rape by Instrumentation, Kidnapping, and Lewd Molestation. In an unpublished decision, the court decided to grant his appeal in part by reversing and dismissing the conviction for Lewd Molestation but affirmed the other convictions. One judge dissented.

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C-2008-1155

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In OCCA case No. C-2008-1155, Sean Phillip Gillen appealed his conviction for Distribution of Controlled Dangerous Substance to a Minor, Rape in the Second Degree, Unlawful Possession of Drug Paraphernalia, and Obstructing an Officer. In a published decision, the court decided to deny the appeal for three of the counts but allowed Gillen to withdraw his plea for the fourth count. One judge dissented. Gillen had entered guilty pleas to all counts in a previous court. He was given ten years in prison for the first two counts and one year for the last two counts, all to be served at the same time. After some time, Gillen wanted to withdraw his guilty pleas, claiming various issues, including that he was not competent to make the plea, and that he did not have good legal help. The court looked at several issues. It found that Gillen was competent to enter his guilty plea because he had previously been deemed competent only a few months before. The judge in the initial court talked with Gillen, and Gillen understood what he was pleading guilty to. Also, since his lawyer did not question Gillen’s competence during the plea hearing, the court believed it was acceptable to keep the plea. However, when considering the plea for the count of Obstructing an Officer, the court found that there was not enough evidence to support this charge. The record showed that when asked if a runaway was inside the house, Gillen first said no but then admitted that the runaway was there. The court couldn’t see this as a clear act of obstruction. On the other issues, the court found that Gillen's pleas to the other counts were made knowingly and willingly. It rejected Gillen's claims that he did not have good legal help and that his sentence was too harsh. The court ruled that the ten-year sentence for his serious charges was not shocking and was appropriate. In summary, the court decided that Gillen could not take back his pleas for the first three counts but could withdraw his guilty plea for the fourth count, which was about obstructing an officer. The dissenting judge believed that Gillen should have a hearing to discuss whether he really understood what it meant to plead guilty without a deal, considering his past mental health issues.

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J-2009-0091

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In OCCA case No. J 2009-0091, C.C.S. appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the order of the lower court that had granted the State's motion to impose an adult sentence on C.C.S. and remanded the case for further proceedings with instructions to sentence C.C.S. as a Youthful Offender if he is convicted of the charged crimes. One judge dissented. C.C.S., who was born on December 28, 1990, faced multiple charges as a Youthful Offender. These included robbery with a firearm, possession of a firearm with a defaced serial number, and obstructing an officer. The State requested that C.C.S. be sentenced as an adult. After a hearing, a judge decided C.C.S. should be tried as an adult for the robbery charge. C.C.S. then appealed, and the case came before the Oklahoma Court of Criminal Appeals. During a hearing on April 30, 2009, the court listened to arguments and took time to think about the case. The court determined that the trial court had made a mistake by deciding to treat C.C.S. as an adult. The ruling meant that if C.C.S. was found guilty, he should be treated and sentenced as a Youthful Offender according to the law. This result was based on the idea that the law aims to help young people rehabilitate rather than punish them like adults. The judges in the dissent expressed their disagreement with the majority opinion. They believed that the trial judge had made a reasonable decision based on the facts of the case. They felt that the judge had thought carefully about what would be best for C.C.S., considering his age and the nature of the charges against him. The dissenting opinion also pointed out concerns about how the ruling would work, especially because C.C.S. was almost 18 at the time of the decision and nearly 18.5 years old by the time the case was decided. They referred to specific laws about how young offenders should be treated and raised questions about whether C.C.S. would still be eligible for a Youthful Offender program given his age during the legal proceedings. Overall, the court’s decision aimed to ensure that young people like C.C.S. would have the opportunity for rehabilitation instead of simply being punished as adults for their actions. The focus was on providing a chance for a better future rather than imposing adult penalties.

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C-2007-554

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In OCCA case No. C-2007-554, Aaron Perry Hampton appealed his conviction for burglary in the first degree and other charges. In an unpublished decision, the court decided to deny the appeal and affirmed most aspects of the lower court's decision, but also instructed the lower court to correct some clerical errors. One judge dissenting. Hampton had pleaded guilty to multiple charges, including burglary and assault, and was sentenced to a total of 35 years in prison. He later tried to withdraw his pleas, claiming that he did not understand what he was doing when he entered them and that the sentences were too harsh. The court found that he had been mentally competent and was aware of his actions when he pleaded guilty. They determined the sentences were appropriate for the crimes he committed. However, they agreed that there were mistakes in the official paperwork regarding the sentences and case numbers, so they sent the case back to the lower court to fix those errors while keeping the original sentences in place.

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F-2006-1242

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In OCCA case No. F-2006-1242, Andruss Lee Flowers appealed his conviction for Trafficking in Illegal Drugs, Unlawful Possession of Marijuana with Intent to Distribute, Unlawful Possession of Paraphernalia, Obstructing an Officer, and Possession of a Firearm While in Commission of a Felony. In a published decision, the court decided to affirm his convictions for the latter four counts but modified his conviction for Trafficking in Illegal Drugs to the lesser offense of Possession with Intent to Distribute. One judge dissented regarding the modification of Count I.

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F-2005-557

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In OCCA case No. F-2005-557, Larry Eugene Wright appealed his conviction for robbery with a firearm, possession of a firearm after a felony conviction, possession of a firearm with an altered serial number while committing a felony, and obstructing an officer. In an unpublished decision, the court decided to affirm his convictions for robbery with a firearm, possession of a firearm with an altered serial number, and obstructing an officer, but reversed his conviction for possession of a firearm after a felony conviction. One judge dissented.

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F-2004-1226

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In OCCA case No. F-2004-1226, Anthony Jerome Johnson appealed his conviction for multiple crimes, including felony eluding an officer, obstructing an officer, and robbery with a firearm. In a published decision, the court decided to affirm his convictions for eluding an officer and robbery with a firearm, but reversed the conviction for obstructing an officer, with instructions to dismiss that charge. One judge dissented regarding the reversal of the obstruction charge. The case stemmed from an incident where Johnson carjacked a woman’s car and fled from police after they initiated a traffic stop. During his escape, he ran numerous stop signs and caused danger to others on the road. Following a high-speed chase, he crashed the car and then ran on foot, trying to evade capture from arresting officers. At trial, Johnson was found guilty and sentenced to several years in prison as well as a fine for the offenses committed. On appeal, he argued four points. First, he claimed that the charges against him violated protections against double jeopardy, stating that the actions he took should not be counted as separate crimes since they arose from one act of fleeing. Second, he contended that evidence for felony eluding was not sufficient, suggesting the situation warranted a lesser charge. Third, he asserted that there was insufficient evidence for the armed robbery conviction. Lastly, he believed inconsistencies in the victim’s testimony supported reducing his sentence. The court, after reviewing the case thoroughly, determined that the convictions and sentences for eluding and robbery were valid. The court found sufficient evidence supporting these convictions, including testimony from eyewitnesses and evidence that directly linked Johnson to the robbery. However, they agreed with Johnson's argument regarding the obstructing charge, concluding both his car and foot chases should be treated as one continuous act of fleeing, therefore only allowing the conviction for eluding. In the end, the court affirmed the convictions for eluding an officer and robbery but instructed that the obstruction charge be dismissed. The dissenting opinion expressed a different view on the obstruction charge, arguing that Johnson's actions could be considered separate acts deserving of distinct charges.

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C-2004-850

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In OCCA case No. C-2004-850, the petitioner appealed her conviction for five crimes. In a published decision, the court decided to deny the appeal for most of the convictions, but they did reverse and dismiss one misdemeanor count. One judge dissented.

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M-2002-1195

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In OCCA case No. M-2002-1195, Anita Shank appealed her conviction for Driving Under the Influence, Transporting an Open Container of Beer, and Obstructing an Officer. In a published decision, the court decided to affirm her convictions for Transporting an Open Container and Obstructing an Officer, but modified her Driving Under the Influence conviction to Driving While Impaired and remanded the case for sentence modification. One judge dissented. Anita Shank was found guilty of driving under the influence of alcohol, transporting open containers of beer, and obstructing an officer during her trial. She received a 90-day sentence for driving under the influence and fines for the other two charges. Shank contested her convictions on several grounds, claiming the evidence was insufficient and arguing errors regarding jury instructions and sentencing. During the trial, it was noted that Shank was stopped by a sheriff's deputy while she was driving and had an open container of beer in her car. The deputy observed signs of intoxication, like bloodshot eyes. Shank admitted to drinking two beers but refused to take a breathalyzer test. When questioned about the whereabouts of her child, she lied and was uncooperative. The court found that there was enough evidence to support her conviction for driving under the influence but acknowledged that the jury should have been instructed on the possibility of a lesser offense—Driving While Impaired. The state agreed that not instructing on this was an error, although they deemed it harmless. Additionally, Shank argued the trial court should have considered a suspended sentence for her. The record did not show that the court completely ignored this request, but the judge did express a need for proof of her willingness to enter treatment for alcohol issues. After the appeal, it was revealed that Shank completed the treatment program, prompting the court to order the lower court to consider this when evaluating her suspended sentence request. The court upheld the obstruction conviction, stating that her deliberate lies and refusal to cooperate with the deputy interfered with the execution of his duties, which constitutes sufficient grounds for the charge. In conclusion, while Shank's obstruction of an officer and open container convictions were affirmed, her DUI was modified to a lesser charge of DWI, and the court directed the district court to revisit her request for a suspended sentence.

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F 2001-465

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In OCCA case No. F 2001-465, Tashiro Rudy Tillman appealed his conviction for Unlawful Possession of a Controlled Drug with Intent to Distribute and Obstructing an Officer. In a published decision, the court decided to affirm the conviction on the drug charge but vacated the sentence for that charge, requiring resentencing. The conviction for obstructing an officer was upheld. One judge dissented.

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