Okla. Stat. tit. 21 § 142A-8 Archives

F-2017-1261

Post author:Staff
Post published:December 5, 2019
Post category:F

In OCCA case No. F-2017-1261, Carlos Santana Gunter appealed his conviction for robbery with a dangerous weapon, assault, and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Carlos Santana Gunter was found guilty by a jury in Canadian County for robbery and two counts of assault and battery. He received a sentence of thirty years for each count. The judge ruled that Gunter must serve at least 85% of the robbery sentence before being eligible for parole, and the assault sentences were ordered to run concurrently with each other but consecutively to the robbery sentence. Gunter raised several arguments on appeal. First, he claimed that asking the victims about the effects of their injuries during the trial was improper and prejudiced his case. The court found that this testimony was relevant to establish elements of the crimes and did not affect the outcome significantly. Second, Gunter argued that his right to remain silent was violated when a police officer mentioned that he asked for an attorney during questioning. The court agreed this was an error but concluded that the evidence against Gunter was so strong that it did not impact the fairness of the trial. Third, Gunter challenged the use of his previous felony convictions to enhance his sentence, saying he didn’t have a lawyer during those earlier convictions. The court noted that Gunter had acknowledged those convictions during the trial and failed to show any actual error regarding legal representation. Fourth, he alleged prosecutorial misconduct, claiming the prosecutor made unfair comments that influenced the jury. The court found these comments did not render the trial unfair. Fifth, Gunter argued he did not receive effective legal counsel during the trial. However, the court decided that because his other claims did not merit relief, he could not prove ineffective assistance of counsel. Lastly, Gunter asserted that the combined errors in his case deprived him of a fair trial. The court ruled that even when considering all claimed errors together, they did not affect the outcome. In the end, the court affirmed Gunter's conviction and sentence, concluding that the evidence against him was compelling, and the trial was fair despite the issues raised.

F-2017-528

Post author:Staff
Post published:November 14, 2019
Post category:F

In OCCA case No. F-2017-528, Darrien Hasmii Clark appealed his conviction for Murder in the First Degree and several other charges, including Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Darrien Clark was found guilty by a jury of murdering a convenience store clerk after he shot the clerk multiple times during a robbery. The jury also convicted him on other charges involving a separate shooting incident. Clark was sentenced to life in prison without the chance of parole for the murder, and he received additional sentences for the other crimes, which will be served consecutively. During the trial, Clark's defense raised several issues. He argued that his murder case and the other cases should not have been tried together, but the court ruled that the similar nature of the crimes justified this decision. The evidence showed that both incidents involved the same weapon and occurred in a close time frame, which the court found relevant for judicial efficiency. Clark also tried to present evidence to suggest that someone else committed the murder, arguing that another man who was initially arrested should be considered a suspect. However, the court found that there wasn’t enough reliable evidence to support this claim. In addition, Clark claimed that the prosecution improperly introduced victim impact evidence during the trial. The court determined that the evidence was relevant to the case and did not constitute a plain error. Another argument made by Clark was that he acted in self-defense during the shooting of another man. The jury was instructed about self-defense laws, and the evidence presented suggested that Clark was the aggressor in that situation. The court concluded that any rational jury could determine that he did not act in self-defense. Lastly, Clark argued that the combination of errors throughout the trial denied him a fair trial. However, since the court found no significant errors, they denied this claim as well. The court ultimately decided to uphold the convictions and sentences issued by the lower court.

C-2018-1040

Post author:Staff
Post published:October 31, 2019
Post category:C

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** *Case No. C-2018-1040* **ROLLO ROY WERLINE, IV,** *Petitioner,* *vs.* **THE STATE OF OKLAHOMA,** *Respondent.* **FILED** *IN COURT OF CRIMINAL APPEALS* *OCT 31 2019* *JOHN D. HADDEN, CLERK* **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Rolla Roy Werline, IV, represented by counsel, entered pleas of guilty to First Degree Manslaughter (Count I), Leaving the Scene of a Fatality Accident (Count II), and Failure to Maintain Insurance (Count III) in the District Court of Ottawa County, Case No. CF-2017-164. The pleas were accepted by the Honorable Robert G. Haney on April 19, 2018. On June 12, 2018, Petitioner was sentenced to twenty (20) years imprisonment for Count I, five (5) years imprisonment in Count II (suspended), and a $250.00 fine for Count III. On June 15, 2018, Petitioner filed a Motion to Withdraw Guilty Plea, which was denied at a hearing on June 26, 2018. Petitioner appeals this denial, raising two propositions of error: 1. Petitioner should be allowed to withdraw his plea as it was not entered knowingly and intelligently, given he did not understand the consequences of entering a blind plea. 2. The imposed fines and costs were excessive. **Proposition I:** Petitioner contends that his plea was not entered voluntarily and was the result of being misadvised regarding the plea process. The trial court reviewed this issue during the motion to withdraw hearing. Assessing whether the plea was entered voluntarily and intelligently is key. The record indicates the plea was knowing and voluntary, highlighting that the petitioner understood the court would determine punishment and could impose a sentence within statutory limits. The trial court's denial of the motion to withdraw is upheld. **Proposition II:** Petitioner claims his sentence is excessive, particularly citing a victim impact statement that contained a sentence recommendation, which he argues improperly influenced the court's decision. While acknowledging that victim impact statements may be considered during sentencing, those statements should not contain sentence recommendations. Any potential error here was harmless, as the overall sentence is seen as reasonable and within statutory limits. It was also noted that the issue of a $250.00 Victim Compensation Assessment in Count III was not raised previously and is thus waived for appeal. **DECISION:** The Petition for Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. **OPINION BY:** **LUMPKIN, J.** *LEWIS, P.J.: Concur* *KUEHN, V.P.J.: Concur* *HUDSON, J.: Concur* *ROWLAND, J.: Concur* **Click Here To Download PDF** [Link to PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1040_1734225145.pdf)

F-2017-1307

Post author:Staff
Post published:October 31, 2019
Post category:F

In OCCA case No. F-2017-1307, James Rex Clark appealed his conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. James Rex Clark and his wife were charged after the tragic disappearance of a boy named Colton, who was living with them. They had adopted Colton and his older brother T.J.S. after the boys were removed from their biological parents due to drug and alcohol issues. In 2006, Colton was reported missing, and a massive search took place; however, no trace of him was ever found. T.J.S. later revealed that he had been abused by the Appellants and expressed fears about his brother's fate. After years had passed, T.J.S. reached out to authorities to provide information about the abusive environment he and Colton had experienced while living with their uncle and aunt. As a result of T.J.S.’s testimony and an investigation that followed, both James and his wife were charged with the serious crimes. During the trial, T.J.S. described the harsh treatment he and Colton endured, which included physical abuse and isolation from others. He explained that after Colton had an argument with James, he was taken to a bedroom, and T.J.S. later found him unresponsive on the couch. James tried to argue that he did not receive a fair trial. He claimed that parts of the trial were not properly recorded and that he was not given a fair chance to defend himself. He contended that evidence against him was presented in a way that was not appropriate and that the prosecutor acted unfairly during the trial. However, the court explained that there was no evidence that the issues James raised affected the outcome of the trial. They found that the testimony about Colton’s character and life was important and properly admitted to show that he would not have run away. They also considered that the defense did not provide sufficient reasons for their claims of error. Ultimately, the court upheld the conviction, affirming that the evidence showed James was guilty of the serious charges. T.J.S.'s accounts of the abuse were significant in proving what James and his wife had done. The judges concluded that despite the many claims made by James, they did not find the errors alleged by him to be valid or sufficient to overturn the jury's decision. The court’s ruling confirmed that James would face life imprisonment as recommended by the jury based on the severity of the crimes committed against Colton. This case highlighted serious issues regarding child welfare and the responsibilities of adults toward children in their care.

F-2017-1042

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1042, Vincent Ray Perosi appealed his conviction for First Degree Murder and Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. The case began when Perosi, who had recently divorced, was ordered to leave the house he had been living in by January 1, 2016. After that date, his ex-wife, Pamela Perosi, returned to the house with two friends to change the locks because he had not moved out. This led to a confrontation. Perosi shot and killed Pamela and another friend, Buddy Weber, while wounding Karen Priest, who was also present. Perosi claimed he shot in self-defense, saying he was scared of Weber. However, evidence showed that he had a history of threats against his ex-wife and evidence contradicted his version of events. The court ruled that he did not qualify for immunity under the Stand Your Ground law and denied his request for related jury instructions. In reviewing the evidence, the court found sufficient proof to support the convictions, rejecting Perosi's claims of self-defense and that shooting Pamela was accidental. Further, his videotaped confession was admitted as evidence, despite defense claims it was coerced; the court found it was voluntary. In addition, the court allowed testimony about Perosi's bad character and a victim impact statement from Pamela’s family. Ultimately, the court upheld the trial’s decisions and affirmed the conviction, denying any errors raised in the appeal.

F-2014-336

Post author:Staff
Post published:July 15, 2015
Post category:F

In OCCA case No. F-2014-336, Deandre Bethel appealed his conviction for First Degree Felony Murder, Robbery with a Firearm, Transporting a Loaded Firearm in a Motor Vehicle, and Public Intoxication. In a published decision, the court decided to affirm his convictions for First Degree Felony Murder and the other charges except for Robbery with a Firearm, which was reversed and remanded with instructions to dismiss that charge. One judge dissented. Bethel was convicted by a jury in Tulsa County for crimes related to the death of a victim during a robbery. The jury sentenced him to life in prison for murder, along with additional sentences for the other charges. During the appeal, Bethel raised several issues, arguing that there was not enough evidence for his convictions, that he should not be punished for both murder and robbery based on the same incident, and that he did not receive a fair trial for various reasons, including how the jury was instructed and what evidence was allowed. The court found that the evidence was sufficient to convict him of murder and upheld that conviction. However, they agreed that having separate convictions for robbery and murder from the same act violated his rights under the Double Jeopardy Clause, so they reversed the robbery conviction. Bethel also argued that the trial court made errors in not instructing the jury about lesser offenses and in handling jury questions, but the court found these claims did not warrant a new trial. Other claims, such as the admission of jail phone calls and victim impact statements, were also rejected. In the end, the court affirmed the convictions for murder and the other charges, but dismissed the robbery charge, allowing Bethel to focus his appeal on the correct aspects of his case.

F-2010-203

Post author:Staff
Post published:February 9, 2012
Post category:F

In OCCA case No. F-2010-203, Travis Lee Danley appealed his conviction for First Degree Murder and other charges. In a published decision, the court decided to modify his conviction for Larceny from a House to Petit Larceny but affirmed the other convictions. One judge dissented. Danley was found guilty of two counts of First Degree Murder, Second Degree Arson, Larceny from a House, and Larceny of an Automobile, and sentenced to life in prison without parole on the murder counts, among other sentences. The events occurred on August 31, 2008, when Danley shot two victims in a home after an argument, attempted to cover up the crime, and fled the scene with stolen items. During his trial, Danley raised several issues on appeal, including that the district court should have declared a mistrial after the jury heard testimony about his probation, whether there was enough evidence for the larceny conviction, prosecutorial misconduct, claims of ineffective assistance of counsel, and cumulative error from the trial. The court found that the mention of Danley being on probation did not prejudice the trial significantly and upheld the district court's ruling. However, it agreed with Danley that the evidence did not support a conviction for Larceny from a House, as he was a guest in the home and did not unlawfully enter. Therefore, his charge was modified to Petit Larceny due to insufficient evidence regarding the value of the stolen items. Claims of prosecutorial misconduct were also considered, with the court noting that the prosecutor's questions and comments did not render the trial unfair. Danley’s argument regarding ineffective assistance of counsel was rejected, as the jury instructions were deemed adequate at the time of the trial. Lastly, the court ruled that even if there were errors during the trial, they did not cumulatively harm Danley's right to a fair trial. In summary, the court affirmed most of the trial's decisions but modified one conviction due to insufficient evidence, affirming the principle that defendants deserve fair treatment under the law.