Okla. Stat. tit. 21 § 11

F-2021-49

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In OCCA case No. F-2021-49, the Appellant appealed his conviction for using a vehicle to facilitate intentional discharge of a weapon, assault and battery with a deadly weapon, and feloniously pointing a firearm. In a published decision, the court decided to affirm the conviction for using a vehicle to facilitate the discharge of a firearm and for pointing a firearm but reversed and remanded the conviction for assault and battery with a deadly weapon with instructions to dismiss. One judge dissented regarding the interpretation of the statutes involved.

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F-2021-211

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In OCCA case No. F-2021-211, Michael Ray Dawkins appealed his conviction for assault and battery with a deadly weapon, felon in possession of a firearm, and maiming. In an unpublished decision, the court decided to affirm the conviction for assault and battery with a deadly weapon and felon in possession of a firearm but reversed the conviction for maiming and instructed to dismiss it. A dissenting opinion was not noted. The case involved a jury trial where Dawkins was found guilty on all counts after shooting a woman named Krystal Traylor. He received a sentence of 45 years for the assault and battery, 25 years for the firearm possession, and another 45 years for the maiming, with some sentences running concurrently and others consecutively. Dawkins raised several claims on appeal, including that his constitutional right to an attorney of his choice was violated, that he faced double punishment for the same act, and that there were errors in admitting certain evidence during his trial. Upon review, the court concluded that the trial court did not abuse its discretion when it denied Dawkins's request for a new attorney, as he did not provide valid reasons for wanting to change lawyers. It was also determined that Dawkins’s convictions for assault and battery and maiming stemmed from a single act, which should not result in multiple punishments. Therefore, the court reversed the maiming conviction. Further, the court found that the identification of Dawkins by the victim was correctly admitted as evidence, dismissing the hearsay claim. Dawkins's assertions about prior bad acts being admitted were also rejected, as they were deemed relevant and essential for establishing motive and intent. The court noted that a limiting instruction had been provided to jurors, mitigating concerns over the impact of these past acts. Finally, regarding Dawkins's claim for a speedy trial violation, the court found that the delays were mainly attributable to him or his defense strategies, concluding that he was not prejudiced by the delay. Overall, most of Dawkins's claims were denied, leading to the affirmation of his main convictions and the reversal of the maiming charge.

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F-2019-420

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In OCCA case No. F-2019-420, Donta Keith Davis appealed his conviction for robbery with a dangerous weapon and assault with a dangerous weapon. In a published decision, the court decided to vacate Davis's judgment and sentence, meaning he would no longer be convicted of the crimes he was charged with. The court also instructed for the case to be dismissed. One judge dissented from the majority opinion.

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F-2019-82

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In OCCA case No. F-2019-82, Spencer Thomas Cato appealed his conviction for various crimes including possession of a controlled drug with intent to distribute and possession of a firearm after a felony. In a published decision, the court decided to affirm most of the convictions but reversed and dismissed one count against Cato. A judge dissented regarding the dismissal of that count. Cato had been found guilty of several offenses, including having a controlled substance and firearms while being a convicted felon. During the trial, the jury sentenced him to a total of several years in prison along with fines. The judge decided some of these sentences would be served at the same time, while others would be served one after the other. Cato appealed, arguing that his rights were violated because he was punished twice for what he saw as the same action. Specifically, he felt the charges of possessing a firearm after a felony and possessing a firearm while committing a felony were not separate. Cato believed that the law should prevent him from being punished for both crimes since they stemmed from the same act of possessing the same gun with no significant break in time between the two actions. Upon reviewing the case, the court agreed with Cato’s argument. They found that there was no new evidence that suggested he had used the firearm for a different purpose at different times. The trial revealed that Cato had the gun and drugs at the same time which led to the conclusion that punishing him for both counts was not appropriate. The court decided to reverse the lesser charge and direct that it be dismissed. In summary, while some of Cato's convictions and their sentences were confirmed, the court found that he could not be punished for both possessing a firearm after a felony and possessing it while committing another felony under the circumstances of his case. Hence, they instructed the lower court to dismiss the one charge.

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F-2019-417

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In OCCA case No. F-2019-417, Henry Warren Kwe Kwe appealed his conviction for Conjoint Robbery, Shooting with Intent to Kill, Possession of a Sawed-Off Shotgun, and Leaving Scene of a Collision Involving Injury. In an unpublished decision, the court decided to affirm Kwe Kwe's convictions on all counts except for the Victim Compensation Assessment for Count 4, which was vacated. Kwe Kwe dissented. Kwe Kwe was found guilty of several serious crimes stemming from an incident involving a robbery and a shooting. The trial revealed that he, along with accomplices, confronted the victim, demanding her money while one of them displayed a weapon. When the victim attempted to call for help, she was shot in the back with a shotgun. Following this, the robbers took her purse and fled. On appeal, Kwe Kwe raised numerous issues regarding his convictions. He argued that being convicted for both robbery and shooting violated laws against multiple punishments for a single act. However, the court found that the robbery and the shooting were distinct actions. The shooting was meant to prevent the victim from escaping and to eliminate her as a witness, rather than to take possession of her belongings. Kwe Kwe also challenged the sufficiency of the evidence against him, claiming he wasn't the shooter. However, the jury had enough circumstantial evidence to conclude he aided in the crime, as he orchestrated the robbery and knew one accomplice was armed. Also, he was found in possession of a sawed-off shotgun shortly after the incident. The court held that the evidence supported the conclusion he was culpable for aiding and abetting the shooter. Another argument from Kwe Kwe revolved around the legality of the sawed-off shotgun itself. He claimed the prosecution didn't prove the shotgun's barrel was less than 18 inches, which would classify it as sawn-off under the law. Nevertheless, the officer testified that the weapon was a modified sawed-off shotgun and that the jury could determine this after examining it. Moreover, Kwe Kwe claimed that the court’s language when discussing the victim's injuries went against the norms of a fair trial. However, the court found this testimony relevant, as it demonstrated the severity of the attack and the intent behind the actions taken by Kwe Kwe and his accomplices. Lastly, he argued that his legal counsel did not perform adequately by failing to raise certain legal defenses and objections during the trial. Yet, the court determined that any such failures did not adversely affect his rights or the outcome of the case. In summary, Kwe Kwe's convictions remained intact, and while some procedural missteps were noted, none were sufficient to reverse the verdict aside from the correction regarding the Victim Compensation Assessment linked to his charge. The appellate court affirmed the lower court's decision overall, while rectifying the single financial aspect.

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F-2018-894

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In OCCA case No. F-2018-894, Olubanji Milton Macaulay appealed his conviction for possession of counterfeit driver licenses. In a published decision, the court decided to affirm some counts but reverse others. One judge dissented. Summary: Olubanji Milton Macaulay was found guilty by a jury of seven counts of possessing counterfeit driver licenses after a trial in Oklahoma. The judge sentenced him to ten years in prison, with sentences running at the same time for each count. He argued that law enforcement illegally searched his rental car, that he faced double punishment for the same crime, and that the trial court wrongly refused to instruct the jury about missing video evidence. When he appealed, the court looked closely at each of his claims. About the first point, the court ruled that the police had the right to search the car because Macaulay had given up any claim of privacy when he said he walked to the bank and did not indicate he owned the vehicle. Thus, his evidence was allowed in court. Regarding the second point, Macaulay claimed he should only be charged with one count since he possessed all the fake IDs in one event. The court agreed that multiple counts for a single act were not allowed. They found he should only be guilty of two counts: one for fake ID he took into the bank and another for the ID found in his car. On the third point about the jury instruction regarding the missing bank video, the court said there was no proof that the police acted in bad faith. Therefore, the request for a jury instruction explaining this did not need to be granted. In summary, the court upheld some of his convictions while reversing others, leading the case forward to dismiss those extra counts.

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F-2018-308

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In OCCA case No. F-2018-308, Deondrea Deshawn Thompson appealed his conviction for multiple counts related to robbery and possession of a firearm. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Thompson was found guilty by a jury for several crimes, including robbery with a firearm, attempted robbery, and being a felon in possession of a firearm. He was sentenced to a total of thirty-five years for the robbery counts and seven years for the other counts, with the sentences to run consecutively. Thompson raised multiple issues on appeal, including claims that he did not receive a fair trial because crucial evidence was kept from him, racial discrimination occurred during jury selection, and that the trial court made several errors in admitting evidence. The court addressed these issues one by one. It found that the trial court did not err in keeping the name of a confidential informant from Thompson since it was not shown to be necessary for his defense. The court also found that the State's reasons for excluding certain jurors were race-neutral and did not indicate discriminatory intent. Regarding the trial court's questioning of jurors, the court concluded that it did not improperly influence the jury. As for evidence related to cell phone records collected without a warrant, the court determined that the police acted in good faith based on laws that existed at the time. Thompson argued that other testimony during the trial unfairly presented him as having committed other bad acts, but the court found no abuse of discretion in how the trial was handled. The court also concluded that the trial court's decision not to give certain jury instructions on eyewitness identification was within its discretion since the identification was firm enough in this case. Thompson's claim about having multiple cases tried together was also rejected, as the court noted that the robberies were similar in nature and occurred close together in time. Finally, the court ruled that his separate firearm possession conviction did not violate double jeopardy laws. In summary, the court affirmed Thompson's conviction, saying that none of the claimed errors were significant enough to harm his case.

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F-2018-1190

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Walter Lee Roundtree, who was convicted of violations related to the Sex Offender Registration Act. The court found against him on several propositions of error, including claims of insufficient evidence, double jeopardy, improper sentencing enhancements, and ineffective assistance of counsel. **Key Points from the Opinion:** - Roundtree was convicted of two counts: Violation of the Sex Offender Registration Act and Failure to Comply with the Act, with the jury recommending sentences of four and five years, respectively, to be served consecutively. - The court addressed several legal propositions raised by Roundtree, concluding that the evidence supported the convictions, and there was no violation of double jeopardy laws. - Roundtree's assertion of ineffective assistance of counsel was also denied, as the court found that he did not demonstrate sufficient prejudice from his attorney's performance. - The court ultimately affirmed the judgment and sentences while denying a request to supplement the appeal record due to a lack of evidentiary support. **Judicial Opinions:** - Judge Lumpkin authored the opinion affirming the judgments. - Judge Lewis concurred in part but dissented on the affirmation of Count 1, arguing that Roundtree's single act of moving should not subject him to multiple punishments under the law. The court's ruling underscores the importance of establishing clear legal standards for crimes and how multiple offenses are treated under similar circumstances.

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F-2018-1083

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The document is a summary opinion from the Court of Criminal Appeals of Oklahoma regarding the case of Bryan Lee Guy, who was appealing his conviction for robbery with a dangerous weapon. Below is a concise breakdown of the case and its outcome: ### Case Overview: - **Appellant**: Bryan Lee Guy - **Appellee**: The State of Oklahoma - **Court**: Court of Criminal Appeals of Oklahoma - **Original Jurisdiction**: District Court of Tulsa County - **Case Number**: F-2018-1083 - **Trial Judge**: Honorable Dawn Moody - **Sentence**: Thirty-seven years imprisonment (with a requirement to serve 85% before parole eligibility) ### Issues on Appeal: 1. **Instruction on Inconsistent Statements**: Guy argued that the jury was not properly instructed regarding the use of a victim's prior inconsistent statements. The court concluded this omission was not plain error and did not affect the trial's outcome. 2. **Conflicting Instructions**: Guy contended that jury instructions about the return of the verdict and lesser offenses were conflicting. The court found no plain error in these instructions, stating they did not misdirect the jury. 3. **Post-Imprisonment Supervision Instruction**: Guy challenged the inclusion of an instruction on mandatory post-imprisonment supervision, which the court acknowledged was given in error but did not constitute plain error affecting his rights. 4. **Ineffective Assistance of Counsel**: Guy claimed his attorney was ineffective on several grounds, including not reasserting a pretrial motion to dismiss and failing to take judicial notice of prior convictions. The court found no merit in these claims, concluding Guy could not show that these alleged deficiencies affected the trial outcome. ### Court's Decision: - The court affirmed the judgment and sentence of the district court. - Guy's request for an evidentiary hearing to further support his claim of ineffective assistance was denied. ### Conclusion: The appeal did not result in a reversal of the conviction or sentence, as the court found that the issues raised were either without merit or did not rise to the level of plain error that would impact the fairness of the trial.

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F-2018-678

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The decision from the Oklahoma Court of Criminal Appeals affirms the conviction of Kenneth Oliver Ross for multiple offenses, including lewd molestation and human trafficking of a minor. The court meticulously addressed each of the twelve propositions of error raised by the appellant in their appeal. 1. **Double Punishment**: The court found no double jeopardy in the separate counts of lewd molestation, as they described distinct acts of abuse. 2. **Charge Appropriateness**: The court ruled that human trafficking was properly charged, as the prosecutor had discretion in choosing the relevant statutes. 3. **Sufficiency of Evidence**: Both propositions regarding the sufficiency of evidence for human trafficking were denied, with the court stating that isolated incidents could constitute the crime. 4. **Jury Instructions**: The court upheld the jury instructions given, finding no error in how the law was communicated to the jury. 5. **Ex Post Facto Claims**: The court found no ex post facto violation, indicating that ignorance of the victim's age was not a defense to the charges. 6. **Lesser Included Offenses**: The court ruled that the lack of request for certain lesser-included offense instructions meant review would be under plain error, which the court did not find. 7. **Statutory Clarity**: Propositions regarding the constitutionality and vagueness of the human trafficking statute were denied, with the court upholding the statute's clarity and application. 8. **Sentence Severity**: The court concluded that the 50-year sentence for human trafficking was not shockingly excessive based on the evidence presented. 9. **Cumulative Error**: The final proposition regarding cumulative error was also denied as no individual errors were found. Overall, the appellate court found no merit in any of the propositions and affirmed the original sentence handed down by the district court. The case illustrates the court's rigorous examination of statutory interpretation, jury instructions, evidentiary sufficiency, and statutory vagueness concerns in criminal appeals.

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F-2018-198

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

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F-2017-1176

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In OCCA case No. F-2017-1176, Anthony Dean Wilkerson, Jr., appealed his conviction for seven counts of Child Sexual Abuse. In an unpublished decision, the court decided to affirm the judgment and sentence given to him. One judge dissented. Wilkerson was convicted by a jury for serious crimes against a child. The jury decided on the punishments for each count, giving him long sentences, including life imprisonment for some of the counts. The trial court judge sentenced him to serve these sentences one after the other, meaning he would spend a long time in prison. Wilkerson raised several issues in his appeal, saying that his trial was not fair. He argued that he was punished too harshly for the same crime (double punishment), that the trial court made mistakes during the trial, and that the total effect of these mistakes made it unfair for him. The court looked at all the evidence and decided that Wilkerson's arguments were not strong enough to change the original decision. For his first point about double punishment, the court noted that the crimes were separate acts, so it was okay for him to be convicted on all counts without violating laws against multiple punishments. For his second and third points, the court said the trial judge was allowed to let the state ask questions that helped the young victim, J.W., remember her experiences better and to clarify her testimony about what happened to her. Regarding the length of his sentences and how they were administered (running consecutively), the court found no reason to change what the jury and trial judge decided. The punishments fell within legal limits, and the court didn't find that they were too harsh when considering the seriousness of the crimes. Wilkerson also claimed there was an error about a fine that was not mentioned at his sentencing. The court agreed that it was a simple mistake and ordered the lower court to correct this. Finally, the court did not find any combined errors that affected the fairness of the trial, so they rejected his last claim about cumulative error. In conclusion, the court upheld the original decision and confirmed Wilkerson's convictions, but instructed the lower court to fix the written sentencing document to remove the fine.

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F-2017-1232

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In OCCA case No. F-2017-1232, Adrian Luis Walker appealed his conviction for second-degree murder and robbery by two or more persons. In an unpublished decision, the court decided to reverse the conviction on the robbery charge because it violated the law against being punished for the same crime more than once. The court affirmed the other parts of the sentence. One judge dissented.

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F-2017-802

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In OCCA case No. F-2017-802, Jestin Tafolla appealed his conviction for Assault and Battery with a Dangerous Weapon and Carrying a Weapon Unlawfully. In a published decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Tafolla was sentenced to life imprisonment for the assault and thirty days in jail for the misdemeanor charge, with the sentences served at the same time. His appeal raised several issues, mainly about whether his trial was fair. He claimed that evidence of his gang affiliation unfairly influenced the jury, that introducing certain statements violated his rights, and that errors occurred during the trial process. The court discussed the details of the case where Tafolla assaulted a man following a traffic dispute. Detectives witnessed Tafolla hitting the victim and confiscated brass knuckles he discarded. Witness statements indicated that racial slurs were part of the altercation. The court found that the evidence of Tafolla's gang membership was relevant to understand the incident and the motivations behind it. It ruled that the testimony related to his affiliation did not violate his rights and was permissible to show motive and intent. They also addressed Tafolla's complaints about the admission of the victim's statements, concluding that these did not prevent a fair trial. The admission of prior convictions for cross-examination purposes was also deemed appropriate as it was relevant to the prosecution's case. In issues raised about the prosecutor's conduct and jury instructions, the court determined that no significant errors impacted the trial. The arguments made by the prosecution were within the acceptable realm of discussing the evidence. Overall, the court found no individual errors that would require a new trial and concluded that the accumulation of complaints did not undermine the fairness of the proceedings. Thus, the original judgment was upheld, and Tafolla’s appeal was denied.

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F-2018-646

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The document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the appeal of Ashley Dawn Bost. She was convicted of several offenses in LeFlore County District Court, including trafficking in illegal drugs and possession of a controlled substance, along with additional charges related to a firearm and drug paraphernalia. In her appeal, Bost raised a single proposition of error arguing that her convictions for trafficking in methamphetamine and possession of oxycodone violated the prohibition against multiple punishments for a single offense, as outlined in 21 O.S.2011, § 11. The court found that Bost did not preserve this argument for appeal as she failed to raise it during the trial, thus waiving her right to full review, except for considering it for plain error. The appellate court applied a three-part test for assessing plain error and determined that Bost did not demonstrate actual or plain error. The court explained that the analysis under Section 11 focuses on the relationship between the crimes and whether they require different proofs. Since the two charges involved different drugs and amounts required for trafficking and possession, the court concluded that they were indeed separate and distinct offenses and affirmed the trial court's judgments and sentences. The court's final decision was to affirm Bost's convictions and sentences, with the mandate ordered to be issued promptly. The opinion included a list of counsel for both the appellant and the appellee. For more information, a link to the full opinion is provided at the end of the summary.

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J-2019-0092

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**Summary of the Case: Jeremy Dwayne Lavorchek v. State of Oklahoma** **Court:** Oklahoma Court of Criminal Appeals **Case Number:** F-2018-263 **Decision Date:** June 13, 2019 **Overview:** Jeremy Dwayne Lavorchek was convicted by a jury in Garvin County for multiple crimes associated with an armed robbery at a pharmacy. The jury found him guilty on all counts, which included First Degree Robbery, Use of a Firearm in the Commission of a Felony, Conspiracy to Commit a Felony, multiple counts of Kidnapping, and multiple counts of Assault with a Dangerous Weapon. Following these convictions, the jury recommended life sentences on all counts. **Key Crimes Committed (Counts):** 1. First Degree Robbery 2. Use of a Firearm in the Commission of a Felony 3. Conspiracy to Commit a Felony 4-6. Kidnapping (3 counts) 7-9. Assault with a Dangerous Weapon (3 counts) **Sentencing:** The trial court, upon sentencing, ordered the sentences for counts 2 through 9 to run concurrently but consecutively to Count 1, which meant that Lavorchek must serve 85% of the life sentence for the robbery before becoming eligible for parole. **Propositions of Error Raised on Appeal:** Lavorchek raised eight propositions, primarily focusing on claims of double punishment, denial of self-representation, ineffective assistance of counsel, errors in sentencing, and cumulative effect of errors. 1. **Double Punishment Allegations:** Lavorchek argued that his convictions for robbery and the various assaults and kidnappings constituted double punishment. The court rejected these claims, emphasizing that the crimes were distinct and occurred sequentially, and separate punishments were authorized. 2. **Self-Representation:** He contended he was denied the right to represent himself. However, the court upheld the trial judge's discretion, stating Lavorchek's request was made after the trial had already commenced, which could be seen as an abuse of the privilege. 3. **Ineffective Assistance of Counsel:** Lavorchek claimed a continuance was wrongly denied, affecting his counsel's performance. The court found no constitutional deficiency as the counsel performed effectively under the circumstances. 4. **Fair Sentencing Hearing:** He alleged improper consideration of aggravating evidence at sentencing. The court found that the information presented was appropriate. 5. **Consecutive Sentencing:** Lavorchek argued the trial court abused its discretion by ordering consecutive sentences, but the court ruled this was within the judge's authority and not excessive. 6. **Cumulative Error:** The court ruled there was no error to accumulate since all propositions were denied. **Outcome:** The Oklahoma Court of Criminal Appeals affirmed the trial court's judgment and sentence, indicating that Lavorchek received a fair trial and proper sentencing under the law. **Legal Principles Involved:** - Double jeopardy protections - Right to self-representation - Effective assistance of counsel - Sentencing discretion of trial courts - Cumulative error doctrine The case underscores the judicial principles guiding the implications of multiple charges arising from a single criminal event and the procedural safeguards in criminal trials. **Link:** For further reference, the full opinion can be found at [Oklahoma Court of Criminal Appeals](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-0092_1734447399.pdf).

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F-2018-119

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In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.

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F-2018-359

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In OCCA case No. F-2018-359, Antonio Tiwan Taylor appealed his conviction for robbery with a firearm, conspiracy to commit a felony, and being a felon in possession of a firearm. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Taylor was found guilty of robbing a home along with two other men. During the robbery, they used guns and threatened the residents, forcing them to the floor and taking their belongings. After the robbery, one of the witnesses, Felicia Alvarado, identified Taylor as one of the robbers. Alvarado explained that even though Taylor wore a bandanna over his face, she saw his face clearly when it fell off for a moment. A couple of weeks later, the police found jewelry that had been taken during the crime in Taylor's possession. Another accomplice in the robbery, who had pleaded guilty, also testified against Taylor, naming him as a participant. Although that person changed his story during Taylor's trial, the court still considered his initial statement as evidence. Taylor raised multiple points in his appeal. He argued that the evidence wasn’t enough to prove he was guilty. The court disagreed, stating that the witness's strong identification of him and the jewelry found with him provided enough evidence. Taylor also argued that the trial court should have instructed the jury to be cautious about eyewitness testimony. The court ruled that since there was solid evidence, the instruction wasn't necessary. Next, Taylor claimed it was unfair to convict him for both robbery and gun possession since they were connected to the same crime. The court found no issue with this and explained that the laws allowed for separate convictions in these cases. Finally, Taylor argued that all these points together should lead to a new trial. However, since the court found no errors in the points raised, they denied this request as well. In conclusion, the court upheld the original sentences of thirty years for the robbery counts and ten years for the other charges.

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F-2018-15

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In OCCA case No. F-2018-15, the appellant appealed his conviction for driving under the influence of drugs causing great bodily injury, felony eluding, running a roadblock, and assault with a dangerous weapon. In a published decision, the court decided to affirm his convictions. One judge dissented. The case involved Marcus Ray Smith, who was found guilty in a non-jury trial of several serious offenses related to a high-speed police chase. The judge sentenced Smith to ten years for some crimes and thirty years for others, but with some time suspended, allowing for parole. Smith appealed for multiple reasons. He argued that he was being punished too harshly for actions that were part of one event. According to the law, people usually can't be punished multiple times for the same act. However, the court found that the crimes he committed were separate incidents. For example, running a roadblock is recognized as a distinct crime, and his actions while fleeing from the police qualified as two separate acts that endangered others. Smith also claimed that there wasn't enough evidence to prove he had intended to cause harm with his vehicle when he drove recklessly towards others. The court disagreed and stated that the way he drove clearly showed that he intended to hurt someone. Lastly, Smith said his lawyer didn't do a good job by not arguing about the double punishment issue during the trial. However, the court found that since his double punishment claim was not valid, there was no failure on his lawyer's part. In conclusion, the court upheld Smith's convictions, deciding he had received a fair trial and that his legal arguments were not strong enough to change the outcome.

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F-2017-1248

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In OCCA case No. F-2017-1248, Aislyn Jonelle Miller appealed her conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. Miller was found guilty by a jury of not taking care of her two young children, which included not providing them with enough food and not getting them the medical care they needed. The jury suggested that she be sentenced to thirty years in prison for four of the counts and ten years for one count, with the sentences to be served one after the other. Miller argued several points on appeal. First, she claimed that two of her convictions for neglecting one child should not count separately, as they were for the same offense – one for not feeding the child and the other for not getting medical care. She also made a similar claim regarding her neglect of her other child. However, the court found that failing to feed the children and failing to get medical care for them were different acts, so her separate convictions were valid. Miller’s next argument was that she did not have good legal representation during her trial. The court explained that to prove this, she needed to show that her lawyer made big mistakes and that these mistakes changed the outcome of her case. Since the court deemed her convictions valid, it concluded that any issues raised about her attorney’s performance would not matter since those objections would not have made a difference. Lastly, Miller claimed that the judge should have allowed her to serve her sentences at the same time instead of one after the other, which would have meant a shorter time in prison. The court pointed out that judges have the right to decide how to run sentences, and in this case, the judge acted reasonably and considered all the facts before deciding to run them consecutively. Overall, the court did not find any errors in the trial process that would have changed the outcome, and so they upheld the original sentence given to Miller.

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F-2017-1240

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In OCCA case No. F-2017-1240, Kevin Eugene Fowler appealed his conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Kevin Eugene Fowler was found guilty by a jury of neglecting his children, which included not providing them enough food and medical care. The jury recommended that he be sentenced to 30 years in prison for four of the counts and 10 years for the last count, with all sentences to be served one after the other, totaling 130 years. Fowler was required to serve 85% of his sentences before being eligible for parole. Fowler raised several points during his appeal, arguing that there were issues with how evidence was presented in court. He claimed that comments made by a police officer were unfair and that he did not receive a fair trial because of them. However, the court found that these comments were relevant and did not harm his case. Fowler also argued that he was wrongly punished multiple times for the same actions regarding his children, but the court ruled that his separate actions of failing to provide food and medical care could be treated as different crimes. He accused the State of misconduct during the trial, but the court concluded that the comments made were either allowed within the context of the trial or did not unfairly influence the jury. Another point raised was about his attorney not doing a good job. Fowler claimed his lawyer failed to object to improper arguments and was not sufficiently prepared. The court found that his lawyer's actions were not deficient and that there was no actual conflict of interest in defending both him and his co-defendant. Fowler believed that his lengthy sentences were excessive. Yet, the court determined that the sentences fell within the legal limits, and the trial judge had considered all relevant facts before deciding to make the sentences consecutive. Lastly, Fowler argued that all these issues combined made it impossible for him to get a fair trial, but since the court did not find any individual errors significant, they ruled against this claim as well. Overall, the court affirmed Fowler's multiple convictions and sentences, concluding that no errors were made that would warrant a new trial or a change in sentencing.

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F-2017-1146

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In OCCA case No. F-2017-1146, Scott Milton Donley appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse Assault and Battery. In an unpublished decision, the court decided to uphold his convictions. One judge dissented. Scott Milton Donley was found guilty of two crimes during a bench trial: Assault with a Dangerous Weapon and Domestic Abuse Assault and Battery. He received a sentence that included twenty years for the first crime and one year for the second crime, with both sentences running at the same time. Donley argued that he should not be punished for both crimes based on double jeopardy rules, meaning he shouldn’t be charged twice for what he claimed was the same act. The court examined whether there was proof for each crime that did not overlap. They found that Donley committed separate acts of pushing and slapping the victim before threatening her with a knife, which were seen as different offenses that required different evidence. Therefore, the court decided there was no double punishment. Donley also claimed there wasn't enough evidence to show he committed Assault with a Dangerous Weapon because he argued that the knife he used wasn't sharp. However, the court reviewed the evidence, including testimonies from him, the victim, and officers. They concluded that any reasonable person could find he intended to cause harm with the knife and that it was indeed a dangerous weapon. Lastly, Donley argued that he didn’t willingly give up his right to a jury trial. However, the court found clear proof that he had done so. The process was completed in court, and both he and the prosecutor waived the jury trial properly. In conclusion, the court affirmed the judgments and sentences against Donley, stating that all his claims were without merit.

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F-2017-758

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In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

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C-2017-1050

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**Court of Criminal Appeals of Oklahoma Summary Opinion** **David Neil Dunn v. The State of Oklahoma** **Case No. C-2017-1050** **Filed November 8, 2018** **Summary:** The Oklahoma Court of Criminal Appeals reviewed the case of David Neil Dunn, who sought to withdraw his no contest plea for various serious charges. Dunn appealed on the basis that he was denied his due process right to be present during the evidentiary hearing on his motion to withdraw the plea, and claimed ineffective assistance of counsel. **Key Points:** 1. **Charges and Plea**: Dunn was charged with multiple felonies, including First Degree Robbery and Burglary. He entered a blind plea of no contest, which resulted in significant prison sentences. 2. **Motion to Withdraw Plea**: Dunn filed a motion to withdraw his plea shortly after sentencing, claiming various legal grounds, including concerns about the validity of his plea. An evidentiary hearing was held, but Dunn was not present as he had been transported to the Department of Corrections. 3. **Court's Ruling**: The Court found that Dunn had a due process right to be present during this critical stage of the proceedings. The absence of Dunn hindered a fair and just hearing, particularly concerning his claims about the voluntariness of his plea. 4. **Counsel’s Role**: The court clarified that defense counsel's belief that Dunn's presence was unnecessary does not equate to a valid waiver of his right to be present. The decision emphasized that Dunn's testimony was crucial for effectively contesting the plea's validity. 5. **Outcome**: The Court granted Dunn's petition for certiorari and remanded the case back to the District Court for a proper evidentiary hearing on his motion to withdraw the plea, ensuring he would be present. 6. **Dissenting Opinion**: One judge dissented, arguing that the absence of Dunn did not constitute a violation of his rights, noting that his counsel had effectively represented him at the hearing. It was contended that the procedural complexities of representation should not be interpreted as waivers of due process. **Conclusion**: The Court ruled in favor of Dunn, stressing the importance of a defendant's presence in legal proceedings, particularly when their rights and pleas are being challenged, which underscores the principles of fairness and due process within the judicial system. For a detailed reading, [click here to download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1050_1733996496.pdf).

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F-2017-008

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In OCCA case No. F-2017-08, John Kyle Crandall appealed his conviction for first degree murder, concealing stolen property, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm the conviction for first degree murder and possession of a firearm but reversed the conviction for concealing stolen property. One judge dissented.

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