Okla. Stat. tit. 21 § 701.8 Archives - Page 10 of 19

F-2008-433

Post author:Staff
Post published:August 24, 2010
Post category:F

In OCCA case No. F-2008-433, #x appealed his conviction for First Degree Child Abuse Murder. In a published decision, the court decided to affirm the conviction but modify the sentence to life imprisonment with the possibility of parole after thirty years. #n dissented. Vicki Leigh Chiles was the owner of a day care and was taking care of several children, including a two-year-old boy named Joshua Minton. One day, Joshua didn't want to take his afternoon nap and was being noisy. To handle this, Chiles put him in a separate bedroom by himself and covered his mouth and hands with masking tape. Tragically, while he was alone, Joshua vomited and suffocated. When officials arrived at the day care for a surprise inspection, they found Chiles trying to give Joshua CPR. Unfortunately, he was not breathing, and emergency responders could not save him. The medical examiner determined that Joshua died due to lack of oxygen caused by the masking tape blocking his mouth after he vomited. During the trial, Chiles wanted the jury to be told that her actions could be considered an accident and asked for instructions about discipline. However, the court denied these requests. The court determined that it was clear her actions were not done with usual caution, which meant they couldn't qualify as an accident under the law. Chiles also argued that the jury should have been allowed to consider a lesser charge of second-degree murder. However, the court explained that because Joshua was a child and Chiles’ actions were considered unreasonable force, this charge was not available. Additionally, Chiles felt it was a mistake that the jury wasn't properly informed about what life without parole meant. The jury had confusion about the sentencing options available to them regarding her punishment. Due to this confusion, the court decided to change her sentence to allow for the possibility of parole after thirty years, instead of life without parole. In conclusion, while Chiles' conviction was upheld, her punishment was modified to allow for the possibility of parole, recognizing the jury's confusion about the sentencing terms.

F-2009-535

Post author:Staff
Post published:July 2, 2010
Post category:F

In OCCA case No. F-2009-535, Joseph Lander Smith appealed his conviction for Distribution of a Controlled Dangerous Substance (cocaine base). In an unpublished decision, the court decided to modify Smith's sentence from twenty-five years to seventeen years imprisonment. One judge dissented. Joseph Lander Smith was found guilty by a jury for distributing a controlled substance after he had a previous felony conviction. The jury recommended that he be sentenced to twenty-five years in prison, which the judge agreed to, making it run consecutively with another sentence he was already serving. Smith raised several arguments in his appeal. He first claimed that he didn't get a fair trial because the prosecutor didn’t share important information that could have helped his case. The information was about a witness who helped the state. This witness had her own past troubles with the law but the jury was not told about them. Smith argued that this was wrong because it might have changed how the jury viewed that witness's testimony. Next, Smith said it wasn't right for the jury to know about his previous suspended sentence during the trial. He believed that mentioning this past sentence by the prosecutor made the jury biased against him and influenced the punishment they decided on. The jury even had questions about how his past might relate to their decision, which showed they were affected by this information. Smith also argued that his lawyer didn’t do a good job defending him by failing to investigate these issues properly. However, the court thought that the evidence against him was strong and that the errors made during the trial, while present, did not change his guilt. Still, the judge decided that the combination of these errors meant that Smith should not serve the full twenty-five years, so his sentence was reduced to seventeen years instead. Ultimately, the court affirmed Smith's conviction but changed his sentence to make it lighter, acknowledging the mistakes made during the trial without completely overturning the conviction.

F-2009-407

Post author:Staff
Post published:June 29, 2010
Post category:F

In OCCA case No. F-2009-407, Thomas Ray Young appealed his conviction for four counts of Sexual Abuse of a Child. In an unpublished decision, the court decided to affirm the convictions but modify the sentences to be served concurrently. One judge dissented. Young was found guilty of sexually abusing his daughter and was sentenced to four life terms in prison, which the jury recommended to be served one after the other. Young raised several issues in his appeal, including claims that the trial court made errors by allowing certain evidence, giving confusing jury instructions, allowing expert testimony that supported the complainant's credibility, and examples of prosecutorial misconduct. Additionally, Young argued that the accumulated errors denied him a fair trial. The court carefully assessed the evidence admitted during the trial. Young contested evidence about past physical abuse towards his daughter and son, as well as a 1979 sexual assault against a teenager. The court found that references to the past abuse of the daughter were relevant to understand why she may have been hesitant to report the sexual abuse. The mention of his son was seen as proper because it challenged the credibility of a defense witness. However, evidence regarding the 1979 sexual assault had minimal relevance and could have been too prejudicial. Regarding jury instructions, the court found the trial judge's instructions were tailored to the evidence, even though they were not standard. The court decided that these instructions did not create errors. The expert witnesses presented by the state were seen as helpful rather than harmful to the case; they did not improperly support the credibility of the complainant. The court ruled that most of the prosecutor's comments during trial did not warrant a problem, except for some details about Young's criminal past, which could have unfairly influenced the jury. The court believed that the modification of Young's sentences to run concurrently addressed any potential unfairness. In summary, the court affirmed Young's conviction but changed his sentences to be served at the same time instead of one after another.

S-2009-1176

Post author:Staff
Post published:June 1, 2010
Post category:S

In OCCA case No. S-2009-1176, Don Wayne Townsend Jr. appealed his conviction for Omission to Provide for Minor Child. In a published decision, the court decided to affirm the trial court's dismissal of the case. No one dissented. In this case, Townsend was initially charged with not providing for his child, which was a violation of the law. However, after the state presented its evidence, the trial judge decided that the evidence was not strong enough to continue the trial. The state then sought to appeal this decision, asking if the judge made a mistake in dismissing the case. The court looked carefully at the situation and found that the state's question was not really about the law, but rather about whether the evidence was enough to prove Townsend's guilt. The court explained that proving someone is guilty requires showing they willfully did not support their child for a long time. They also stated that it must be shown that the person had a legal obligation to pay child support. Ultimately, the court agreed with the trial judge's decision and found no error in dismissing the case against Townsend. This means that the matter was closed and he could not be tried again for this charge. The court's decision was recorded, and they indicated that the dismissal order would stand.

F-2009-398

Post author:Staff
Post published:June 1, 2010
Post category:F

In OCCA case No. F-2009-398, the Appellant appealed his conviction for Unlawful Possession of a Controlled Substance (Phencyclidine) with Intent to Distribute and Unlawful Possession of a Controlled Substance (Marijuana) with Intent to Distribute. In an unpublished decision, the court decided to affirm the conviction for the first count and reverse the conviction for the second count, with instructions to dismiss it. One justice dissented.

F-2009-236

Post author:Staff
Post published:March 25, 2010
Post category:F

In OCCA case No. F-2009-236, James Lee Copeland, Jr. appealed his conviction for Attempted Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but ordered the district court to correct the official record to properly reflect the conviction and remove an incorrect statement about parole eligibility. One judge dissented.

RE-2010-304

Post author:Staff
Post published:March 24, 2010
Post category:RE

In OCCA case No. RE-2010-304, Jason Dean Vansickle appealed his conviction for Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to modify the order related to his suspended sentences. One judge dissented. Here’s a summary of the case: Jason was found guilty of two counts of Knowingly Concealing Stolen Property. The judge initially decided to wait five years before making a final decision about Jason's punishment, allowing him to follow some rules during that time. But later, the state said Jason broke those rules by using drugs and not paying fees. After a hearing, the judge decided that Jason did break the rules and ordered that he serve a year in jail. The judge added that if Jason could finish rehab during that year, he could avoid additional punishment. Jason disagreed with the judge's decision, especially the part about needing to serve a calendar year in jail, believing it meant he had to stay there every day without earning any time off. The court agreed with Jason that the judge didn't have the authority to set his punishment this way. It clarified that any time taken off his punishment should be based on the original sentence without this added calendar requirement. The court decided that the year part of the sentence, as described by the judge, should be changed. They kept the other parts of the judge's decision the same but removed the requirement for serving a calendar year in jail. Overall, the case highlighted that judges must follow specific rules when deciding on punishments and that adding extra conditions could go beyond what they are allowed to do.

F-2009-1

Post author:Staff
Post published:March 15, 2010
Post category:F

In OCCA case No. F-2009-1, Hoffman appealed his conviction for three counts of Unlawful Distribution of a Controlled Substance. In an unpublished decision, the court decided to modify his sentence to ten years in each count but affirmed the conviction. One judge dissented, suggesting the sentences should be served at the same time rather than one after the other.

F-2008-1041

Post author:Staff
Post published:February 22, 2010
Post category:F

In OCCA case No. F-2008-1041, David Roland Boschee appealed his conviction for robbery with a firearm and related charges. In a published decision, the court decided to affirm most of the convictions but reversed one related to possession of a firearm after a felony. One judge dissented from the decision. Boschee was found guilty after a jury trial for several offenses, including robbery with a firearm. The court sentenced him to a total of 25 years in prison for his serious crimes. Boschee raised several arguments in his appeal regarding the fairness of his trial and the legitimacy of the multiple charges against him. Firstly, he argued that it was unfair to force him to defend against two robbery charges in one trial. The court found no abuse of discretion in joining these cases, meaning they decided it was reasonable to have them heard together. Secondly, Boschee contended that his convictions for both robbery and possessing a firearm with a defaced serial number were against the law because they represented double punishment for the same act. However, the court disagreed, stating these were separate offenses and did not violate any statutes. Thirdly, Boschee argued that he was wrongfully convicted of two counts of possessing a firearm after a felony. The court agreed that there was not enough evidence to support two convictions and decided to dismiss one of these counts. The court also found that his argument about receiving ineffective assistance from his lawyer was without merit, concluding that his rights were not violated in this regard. In summary, the court upheld most of Boschee's convictions but agreed that one count of possession should be dismissed. The judges had different opinions, with one judge dissenting, stating that the joining of the robbery charges may have harmed Boschee’s case.

F-2008-824

Post author:Staff
Post published:February 22, 2010
Post category:F

In OCCA case No. F-2008-824, Allen James Taylor appealed his conviction for multiple crimes including conspiracy and burglary. In an unpublished decision, the court decided to affirm his termination from Drug Court but ordered that his sentences should be served concurrently rather than consecutively. One judge dissented. In this case, the appellant had agreed to plead guilty and was initially sentenced with his sentences suspended, meaning he would not serve time in prison right away but had to follow conditions of probation. Later, the appellant breached the terms of his probation, leading to the state applying to revoke his suspended sentences. He then participated in a Drug Court program, which was intended to help him with substance abuse issues. However, after a while, he was terminated from this program due to more violations. When he was removed from Drug Court, the court ended up ordering him to serve his sentences one after the other instead of at the same time, which was against what was originally agreed upon. The court felt that this was not right and decided that the sentences should indeed run at the same time, completing the original terms set forth at the beginning. The appellant argued that he was not correctly represented by his lawyer when he entered Drug Court and that his original guilty plea should not be valid. However, the court noted these concerns were not the focus of this specific appeal regarding the Drug Court termination. In the end, the court confirmed the appellant’s Drug Court termination but corrected how his sentences were to be served, stating they should be concurrent rather than consecutive. This concluded the key aspects of the case.

RE 2009-0080

Post author:Staff
Post published:February 19, 2010
Post category:RE

In OCCA case No. RE 2009-0080, Zachary Glenn Hayes appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated the order requiring him to pay jail costs. One member of the court dissented.

F-2007-1133

Post author:Staff
Post published:February 10, 2010
Post category:F

In OCCA case No. F-2007-1133, Jona Ann Montgomery appealed her conviction for Second Degree Murder and Leaving the Scene of a Fatality Accident. In an unpublished decision, the court decided to reverse the conviction for Second Degree Murder and affirmed the conviction for Leaving the Scene of a Fatality Accident. One judge dissented. Jona Ann Montgomery was tried in Pittsburg County for her involvement in a tragic incident where she hit two children with her car while speeding near a crowded football game. The younger child, a ten-year-old girl, unfortunately died, while her brother survived. After the accident, Montgomery left the scene but left behind her belongings in the car. The main issue in Montgomery's appeal was the trial court's refusal to instruct the jury on the possibility of a lesser charge known as Misdemeanor Manslaughter. Initially, the law at the time of Montgomery's trial did not permit this instruction, and her attorney argued against it. However, shortly after the trial, a higher court changed its stance on this law, ruling that driving while impaired could indeed be used for a Misdemeanor Manslaughter charge. Montgomery argued that she should receive a new trial based on this new rule. The court reviewed the situation and agreed that the trial court had made a mistake by not allowing the jury to consider this lesser charge. They believed that a fair jury could have potentially found Montgomery guilty of Misdemeanor Manslaughter instead of Second Degree Murder, given the circumstances of the case. Montgomery also raised concerns about other evidence that was presented during her trial. This included items found in her vehicle that were linked to drug use and remarks made during the trial suggesting she showed no remorse for her actions. The court found that much of this evidence was not necessary and could unfairly bias the jury against Montgomery. The decision ultimately led to the reversal of her conviction for Second Degree Murder because of the instructional error on Misdemeanor Manslaughter, while they upheld the conviction for Leaving the Scene of a Fatality Accident. The judges aimed to ensure that future trials would avoid the errors found in Montgomery's case.

RE-2008-753

Post author:Staff
Post published:February 8, 2010
Post category:RE

In OCCA case No. RE-2008-753, the Appellant appealed his conviction for possession of marijuana and driving while privilege revoked. In an unpublished decision, the court decided to affirm the revocation of the Appellant's suspended sentences for most counts, but vacated the revocation of the suspended sentence for one count because the Appellant had already served that sentence. One member of the court dissented. Here's what happened: The Appellant had entered guilty pleas for multiple charges, including possession of drugs and driving offenses, and was given suspended sentences, meaning he would not serve time in jail as long as he followed the rules of his probation. Later, the state accused the Appellant of breaking the rules of his probation. After a hearing, the judge ruled to revoke all of his suspended sentences. The Appellant appealed, arguing that one part of the judge's decision was incorrect because he had already finished serving that part of his sentence. The court agreed and decided to remove the part of the revocation related to that count. However, the court did not find that the judge acted unfairly or excessively in revoking the other suspended sentences, as the Appellant did not comply with the probation requirements despite being given a second chance. In summary, while the Appellant lost the chance to keep those suspended sentences, one mistake in the original order was corrected.

F-2008-786

Post author:Staff
Post published:February 8, 2010
Post category:F

In OCCA Case No. F-2008-786, James Dion Smith appealed his conviction for Unlawful Possession of a Controlled Drug. In an unpublished decision, the court decided to reverse the order that had accelerated his Judgment and Sentence and ordered the District Court to dismiss the case. One judge dissented. Smith had originally entered a plea of no contest for possession of a controlled substance, and his sentence was delayed for two years. This means he didn't have to go to jail right away as long as he followed the rules during that time. However, later on, the State of Oklahoma asked the court to speed up Smith's sentence because they believed he had broken the rules. When the court had a hearing to look into the State’s request, they decided to impose Smith's sentence. But Smith argued that the court shouldn’t have done this based on something that happened after his period of supervision had ended. After examining the details, the court agreed with Smith. They found that the reason for speeding up his sentence was tied to a new case that occurred after the time Smith was supposed to be on probation. They decided the lower court was wrong to speed up his sentence and told them to cancel the action against Smith. In the dissenting opinion, the judge felt the court overlooked how the situation happened. This judge pointed out that Smith admitted to not following the rules during his probation. When Smith did not show up for a later hearing, the judge believed the court could still take action against him based on his failure to appear, even if new charges could not be considered. In the end, the main ruling was to reverse the earlier decision and to dismiss the case against Smith.

C-2009-617

Post author:Staff
Post published:February 8, 2010
Post category:C

In OCCA case No. C-2009-617, Christopher Overby appealed his conviction for Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to grant his request for a new hearing on his motion to withdraw his plea. One judge dissented. The case started when Overby pleaded guilty to having a firearm while he was supposed to be under supervision. The judge sentenced him to ten years in prison, with some of that time being suspended. After some time, Overby wanted to change his plea, so he filed a motion to withdraw it. He felt that he did not get proper help from his lawyer during this process. The court looked at Overby's case and determined that there was a conflict of interest between him and his lawyer. Because of this conflict, the court found that Overby did not get the effective help he was entitled to, especially when it came to his request to withdraw his plea. This situation meant he deserved a new hearing with a different lawyer who could fully represent his interests without a conflict. In conclusion, the court decided that Overby should have another chance to present his case for changing his plea. Thus, the decision was made to give him a new hearing to ensure that he had the right kind of support during this important process.

S-2009-363

Post author:Staff
Post published:January 26, 2010
Post category:S

In OCCA case No. S-2009-363, Heather Renee Trask appealed her conviction for First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the district court's ruling that prevented the State from arguing alternative theories of guilt against her. One judge dissented. Heather Trask was arrested and charged with very serious crimes after her baby daughter, Mackenzie, died. The baby had injuries that suggested she had been hurt badly. Evidence from doctors showed that the baby died from head injuries caused by blunt force trauma. When the baby was found, she was not breathing and could not be revived. During the trial of Heather's husband, he testified about the night of the baby’s incident. Heather left for work after 7:00 p.m. on the night of the tragedy, and her husband was the only adult with the baby after that time. The experts in the trial said the baby must have suffered severe injuries shortly before she died, but they could not pinpoint the exact moment it happened. The district court listened to the arguments and decided that there was enough evidence to show that Heather’s husband was likely the one who caused the fatal injuries. Because of this, the court ruled that the State could not present alternative theories that might shift blame to Heather. After hearing everything, the appeals court agreed with the district court's decision. They determined that the lower court did not make a mistake by blocking the State from using other theories to argue guilt. Therefore, the ruling that prevented the State from pursuing various angles was upheld, affirming the decision made by the district court.

RE-2008-1001

Post author:Staff
Post published:January 6, 2010
Post category:RE

In OCCA case No. RE-2008-1001, Sedrick Moltke Frierson appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the revocation of six and one-half years of his nine and one-half year suspended sentences. One judge dissented. The case began when Appellant entered a guilty plea for delivering controlled substances and was given a suspended sentence in 2007. This meant he wouldn’t have to serve time in prison right away, but he had to follow certain rules. Unfortunately, he broke those rules by using drugs, committing more crimes, and not paying required fees or attending counseling. The state of Oklahoma requested that his suspended sentences be revoked because he didn’t follow the conditions of his probation. A hearing was held to look into this matter, and the judge decided that Appellant had indeed breached his probation conditions. So, he decided to revoke a big portion of Appellant's suspended sentence. Appellant raised two main points in his appeal. He argued the judge's decision was not fair and that it didn’t help him get better. He also claimed some costs should be removed from the written order, saying they were not part of the original agreement. The court explained that when reviewing a revocation, they could only look at whether probation rules were broken and decide on the sentence. The judge’s original decision to revoke the sentence was affirmed because the Appellant had indeed violated the terms of his probation. However, the court agreed that there was a mistake about some of the conditions in the written order regarding supervision. They said that the written order needed to be updated to reflect that Appellant’s remaining term of supervision should not require him to have any supervision, as the original ruling suggested. Overall, while the revocation was upheld, it was determined that the written decision needed to change to make sure there was clarity about the conditions of the remaining term.

C-2009-317

Post author:Staff
Post published:January 1, 2010
Post category:C

In OCCA case No. C-2009-317, Lee Otis Robinson, Jr. appealed his conviction for entering a no contest plea. In a published decision, the court decided to grant Robinson a new hearing to withdraw his plea. One judge dissented. Robinson had entered his no contest plea in the Oklahoma County District Court but later wanted to change that decision. He argued that he didn't fully understand what he was doing when he entered the plea and that he had been confused and misled. Additionally, Robinson claimed that he didn't get good help from his lawyer. His lawyer was supposed to represent him during the plea hearing and also during the hearing where Robinson asked to change his plea. However, during the second hearing, the lawyer ended up saying things that were against Robinson’s interests. This created a problem because it meant that Robinson wasn't getting fair help from his lawyer, and he was disadvantaged in his efforts to withdraw his plea. The court found that it was important for Robinson to have a different, unbiased lawyer for a fair hearing. They decided he should be allowed to have a new hearing with a lawyer who had no conflict of interest. The ruling meant that Robinson's case would be sent back to the district court so that the new hearing could take place.

S-2009-623

Post author:Staff
Post published:December 10, 2009
Post category:S

In OCCA case No. S-2009-623, Walker appealed his conviction for possession of a controlled drug with intent to distribute. In an unpublished decision, the court decided to affirm the lower court's ruling that reduced the charge to a misdemeanor for possession of marijuana. One judge dissented from the decision. Walker was originally charged after police found a small amount of marijuana at his home. A person named Brawdy had earlier told deputies that he bought marijuana from Walker. When the police searched Walker's home, they found a very small quantity of marijuana and no other evidence like cash or scales that would suggest he was selling drugs. Two district judges reviewed the evidence and concluded that it did not support the idea that Walker intended to distribute drugs; they only found evidence that he might have had the marijuana for personal use. The state argued that since Brawdy mentioned buying drugs from Walker earlier, this should mean Walker had intent to sell. However, the court pointed out that without more evidence, like packaging or cash, they could not say Walker intended to sell the drug. The judges decided that the lower court acted correctly in reducing the charge. Therefore, the ruling from the District Court that lowered Walker's charge to a misdemeanor was upheld.

RE-2008-880

Post author:Staff
Post published:October 29, 2009
Post category:RE

In OCCA case No. RE-2008-880, William John Myers appealed his conviction for two counts of Second Degree Arson. In an unpublished decision, the court decided to reverse the revocation order in one of the cases but affirmed the revocation in the other case. One judge dissented. Myers had earlier pleaded guilty to two arson offenses and received a suspended sentence of 20 years, with the first 7 years of that sentence active, meaning he had to serve that time in prison unless he followed probation rules. Later, in 2008, the court found that he had broken the rules of his probation, leading to the judge revoking the suspended part of his sentence. Myers argued that one of his revocations should not have happened because the State did not file a required petition to seek that revocation. The court agreed with him, stating that without the petition, they did not have the authority to revoke his sentence for that case. However, for the other case, where Myers had also violated probation, the court held that the decision to fully revoke the suspended sentence was within the trial court's discretion, and they found no mistake in that ruling. Therefore, the court decided to reverse the order about the first case but keep the revocation in place for the second case. This means that Myers still has to serve part of his sentence for the second case while the order regarding the first case was sent back to the lower court to clarify that he still has his suspended sentence in that case.

F-2008-1016

Post author:Staff
Post published:October 22, 2009
Post category:F

In OCCA case No. F-2008-1016, Robert C. Ferrell appealed his conviction for trafficking in controlled substances (MDMA, or Ecstasy) and possession of an offensive weapon in the commission of a felony. In an unpublished decision, the court decided to affirm the convictions, but remand for correction of the Judgment and Sentence. One judge dissented. Robert C. Ferrell was found guilty by a jury in McIntosh County. The jury decided that he was guilty of two serious crimes: having a large amount of drugs and having firearms in a way that was illegal. The judge then sentenced him to serve twenty years in prison for the drug crime and thirty-five years for the weapon charge. These sentences would be served one after the other, making a total of fifty-five years in prison. Ferrell raised several points in his appeal. He argued that the evidence against him was not strong enough to support his convictions. He also thought that his lawyer did not help him enough during the trial. He believed his punishment was too harsh. Additionally, he stated that the court made errors when it added costs related to charges he wasn't even tried for, and that the prosecutor did not act fairly. After looking carefully at everything, the court agreed that the evidence showed that Ferrell had shared control over the drugs and firearms discovered during a police chase. The police had seen guns and heard conversations that suggested he was involved in wrongdoing. The court determined that this evidence was enough for a reasonable person to find him guilty. The appeal also discussed whether Ferrell's lawyer had failed him by not challenging a witness's statements or trying to block certain pieces of evidence. However, the court felt that the lawyer's actions did not affect the outcome of the case. Ferrell asked the court to change his punishment, but they decided the sentences were reasonable given his past actions. As for the other points he made about the fines and counts that were wrong, the court agreed that some costs should be removed because he was not convicted of all those charges. They also acknowledged a mistake in the legal reference for the drug charge. In the end, the court upheld Ferrell's convictions, but they sent the case back to make corrections to the official records. They found that there were no major errors that would change the outcome of the trial, so the convictions remained intact.

F-2008-531

Post author:Staff
Post published:October 22, 2009
Post category:F

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.

F-2008-1095

Post author:Staff
Post published:October 20, 2009
Post category:F

In OCCA case No. F-2008-1095, the appellant appealed his conviction for First Degree Rape. In an unpublished decision, the court decided to modify his sentence from life imprisonment to forty-five years due to prosecutorial misconduct and the admission of excessive photographic evidence. One judge dissented, arguing that the initial conviction and sentence should have been upheld.

C-2009-69

Post author:Staff
Post published:August 18, 2009
Post category:C

In OCCA case No. C-2009-69, the Petitioner appealed his conviction for Assault with a Dangerous Weapon, Resisting an Officer, and Possession of a Controlled Dangerous Substance. In a published decision, the court decided to grant the appeal and remand the case for a proper hearing on the motion to withdraw the guilty plea. One judge dissented.

F-2008-620

Post author:Staff
Post published:August 5, 2009
Post category:F

In OCCA case No. F-2008-620, Vincent Vasquez appealed his conviction for Sexual Abuse of a Child. In a published decision, the court decided to affirm the convictions and sentences but vacated the order of restitution. No one dissented. Vasquez was found guilty by a jury on three counts related to sexual abuse of a child. He received eight years in prison for each count, which would be served one after another. However, part of his sentence was suspended, meaning he wouldn't have to serve the full time for all counts right away. Vasquez argued that there were several mistakes made during his trial. First, he claimed that the evidence wasn't strong enough to support his convictions, saying the victim's testimony was inconsistent. The court said that the ruling was valid because the victim's main story was consistent and believable, even if she forgot some minor details. Second, Vasquez believed that important evidence was not allowed in court, which he thought would help prove his side of the story. However, the court decided that the evidence offered was not relevant to the case. Third, he argued that the jury was not properly instructed regarding how to look at the evidence. The court concluded that the instructions given were sufficient and did not harm his case. Fourth, Vasquez objected to an order to pay restitution, which the State admitted was incorrectly imposed. The court agreed to remove that requirement. Lastly, Vasquez suggested that the combination of all these errors should lead to his conviction being overturned. The court found that there were no cumulative errors that warranted relief. In conclusion, the court maintained Vasquez’s convictions but removed the restitution order.