Okla. Stat. tit. 21 § 1111

F-2018-336

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In OCCA case No. F-2018-336, Donnie Graham appealed his conviction for first degree rape. In an unpublished decision, the court decided to modify his sentence to include three years of post-imprisonment community supervision but otherwise affirmed the conviction. One judge dissented. The case began when Donnie Graham was found guilty of first degree rape after a jury trial. He was sentenced to fifteen years in prison and a fine. The case was heard in the District Court of Comanche County. Graham's main argument was about his right to have effective legal help during his trial. He claimed that his lawyer did not investigate earlier rape claims made by the victim and did not present evidence that could have proved those claims were false. He insisted that because of his lawyer's mistakes, he did not get a fair trial. The court looked closely at this claim. They first checked if Graham’s lawyer did not do their job properly according to professional standards. They needed to see if the lawyer's performance was bad enough to have affected the trial's outcome. After reviewing everything, the court decided that Graham did not show enough proof that his lawyer was ineffective. They denied Graham's request for a hearing to further examine his claims. Overall, the court changed his sentence to include three years of supervision after his prison time but upheld the decision regarding his guilt.

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F-2018-626

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In the case of Carl Douglas Crick, Jr. v. The State of Oklahoma, the Court of Criminal Appeals of Oklahoma reviewed Crick's appeal following a jury trial that found him guilty of multiple counts of sexual offenses, including first degree rape and lewd acts with a child. Crick received life sentences for certain counts, while others received lesser prison terms. The trial court ordered some sentences to run concurrently and others consecutively. Crick's main contention on appeal was that he received ineffective assistance of counsel, specifically citing his attorney's failure to present certain witnesses and to object to improper testimony from a prosecution witness that allegedly vouched for the credibility of the victim. The court applied the standard set forth in Strickland v. Washington, which requires the appellant to show that his counsel’s performance was deficient and that this deficiency prejudiced the outcome of the trial. The court determined that the evidence presented by Crick did not clearly demonstrate a strong possibility that counsel’s performance fell below constitutional standards. As such, Crick's request for an evidentiary hearing to further explore these claims was denied. The court also assessed the claim concerning the prosecution witness's testimony. It concluded that the alleged vouching was not comparable to previous cases that warranted reversal, thus affirming that counsel's choice not to object did not amount to deficiency. Ultimately, the Court of Criminal Appeals affirmed the judgment and sentence of the trial court, indicating that Crick had not established a violation of his right to effective counsel. The decision was issued with a note for the mandate to be ordered upon delivery and filing of the decision.

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RE-2018-426

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CALVIN TAYLOR HERRIEN,** **Appellant,** **-VS-** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-426** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **SEP 19 2019** **JOHN D. HADDEN** **CLERK** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant, Calvin Taylor Herrien, appeals from the revocation of four years of his twenty-five year suspended sentences in Case No. CF-2011-4693 in the District Court of Oklahoma County, presided over by the Honorable Cindy H. Truong. **Background:** On November 2, 2012, Appellant entered a guilty plea to two counts of Lewd Acts With a Child Under Sixteen, resulting in a twenty-five year sentence for each count, both suspended under specific probation conditions. The State filed an Application to Revoke Suspended Sentence on November 1, 2017, alleging Appellant violated probation by failing to reside in a lawfully approved residence and not truthfully answering inquiries from the DOC and law enforcement. A hearing commenced on November 21, 2017, where evidence was presented, including testimony from police chief Allen Lane, who testified regarding Appellant's residence proximity to a park and his notification to Appellant to relocate. Further testimony came from probation officer Daniel Straka, who reported Appellant's admission about the residence, discrepancies about probation requirements, and additional violations not included in the revocation application. Appellant testified on his own behalf, offering explanations but ultimately, after considering arguments, Judge Truong found that Appellant had committed the two breaches alleged in the application. Following a continuance, on December 1, 2017, Judge Truong revoked four years of the suspended sentence. **Propositions of Error:** 1. **Inadequate Notice:** Appellant contends that the consideration of testimony regarding uncharged violations denied him adequate notice, which impeded his ability to prepare a defense. 2. **Right to Confront:** Appellant alleges deprivation of his right to confront witnesses and due process during the hearing. 3. **Excessive Sentence:** Appellant argues that the four-year revocation of his suspended sentence is excessive. **Analysis:** The evidence presented at the revocation proceedings clearly showed that Appellant violated the terms of his probation. Appellant does not contest the findings concerning the recognized violations. He does not argue that he was unaware of the specifics related to the alleged probation violations or that he lacked the opportunity to defend himself against those violations. In regards to Propositions I and II, while Appellant claims other violations were improperly admitted, the court's finding that he committed the alleged violations outlined in the application suffices to validate the revocation. Furthermore, due process entitles Appellant to argue mitigating circumstances, which was provided by Judge Truong. Concerning Proposition III, revocation decisions are primarily at the discretion of the trial court and will only be overturned in cases of demonstrable abuse of that discretion. Appellant has not shown that the four-year revocation was disproportionate relative to the violations committed. **Decision:** The order of the District Court of Oklahoma County revoking four years of Appellant's twenty-five year suspended sentences in Case No. CF-2011-4693 is **AFFIRMED**. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the **MANDATE is ORDERED** to be issued upon the filing of this decision. --- **Appearances:** **For Appellant:** Joshua C. Smith Attorney at Law 217 N. Harvey, Ste. 108 Oklahoma City, OK 73102 **For Appellee:** Ryan P. Stephenson Assistant District Attorney Oklahoma County 320 Robert S. Kerr, Ste. 505 Oklahoma City, OK 73102 **OPINION BY:** LEWIS, P.J. **CONCUR IN RESULTS:** KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. *Click Here To Download PDF*

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RE-2018-249

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

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F-2017-1030

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In OCCA case No. F-2017-1030, Polo Carrillo appealed his conviction for kidnapping, first-degree rape, assault and battery with a dangerous weapon, and domestic assault and battery in the presence of a minor. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Polo Carrillo was found guilty on several serious charges and sentenced to life imprisonment on three charges, with an additional year on the domestic assault charge. He raised several arguments on appeal, including issues with the evidence presented during his trial and concerns about whether he received a fair trial. One point of contention was the trial court's decision to allow a nurse to read a report during the trial that included what the victim had stated about the incident. Carrillo argued that this was hearsay and unnecessary since there was other testimony about the same information. The court determined that the nurse's statements were allowed because they related to medical treatment, which is an exception to hearsay rules. Another argument Carrillo made was about the court's ruling regarding the disclosure of certain witnesses' information. The trial court had allowed the victim's address to be withheld for safety reasons. The court pointed out that Carrillo was able to communicate with the victim without knowing her home address. Thus, the court concluded that the ruling did not harm his defense. Carrillo also claimed that photographs shown to the jury were redundant and biased against him, but the court found that these images were important in showing the victim's injuries and supported the testimony, so they were allowed. Further, Carrillo argued that the jury was not given the correct instructions regarding post-imprisonment supervision. The court indicated that the instructions given were generally proper since the jury couldn't recommend a sentence lower than two years, ruling that errors were not affecting the trial's outcome. At sentencing, there was an error in how Carrillo's time served was recorded. However, this was later corrected by the District Attorney’s office, making this issue no longer relevant. Finally, Carrillo claimed that even if individual errors in the trial did not deserve a new trial, the cumulative effect of these errors should. The court disagreed, stating that since there were no errors that warranted reversal, the cumulative error claim also failed. In summary, the court affirmed Carrillo's convictions, indicating that he did not suffer an unfair trial despite the various arguments he raised on appeal. The decision was backed by careful consideration of the law and the facts presented during the trial.

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F-2015-457

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In OCCA case No. F-2015-457, Christopher Wayne Goldman appealed his conviction for First Degree Rape, Rape by Instrumentation, Forcible Sodomy, and Incest. In a published decision, the court affirmed the convictions for the first three counts but reversed and dismissed the conviction for Incest. One member of the court dissented. Goldman was found guilty of serious crimes related to sexual offenses against his niece. The jury recommended prison sentences that ran together for counts related to rape, sodomy, and separately for the count of incest. Goldman raised several issues in his appeal. He argued that there wasn’t enough evidence to prove his guilt for some charges, that unfair evidence was presented, that the prosecutor acted improperly, and that he did not receive adequate help from his attorney during the trial. The court agreed that the incest conviction should be reversed because it was based on the same act as the rape, which is not allowed by law. This meant Goldman was improperly punished for two things for doing one act, which is unfair. However, the court found sufficient evidence to support the convictions for First Degree Rape and Forcible Sodomy, stating that a jury could reasonably decide he was guilty based on the evidence presented. Goldman's claims about the prosecution and defense lawyer's conduct were reviewed, but the court found that the lawyers acted within their rights. The evidence of Goldman’s behavior after he was accused, which included uncomfortable actions in a police room, was allowed in the trial since it showed his possible guilt. In conclusion, while Goldman did not get relief for all his claims, the court recognized an important mistake about the incest charge and fixed it by not allowing that conviction to stand.

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RE-2015-180

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In OCCA case No. RE-2015-180, the appellant appealed his conviction for two counts of Rape in the First Degree. In an unpublished decision, the court decided to reverse the order revoking his suspended sentence. One judge dissented. Here's a summary of the case: The appellant, after pleading guilty to Rape in the First Degree, was sentenced to twelve years in prison, which was suspended under certain conditions, including registering as a sex offender. Later, the State alleged that the appellant violated his probation by committing a new crime in Michigan, specifically being a felon in possession of a firearm. When the appellant was brought back from Michigan, a hearing took place about whether he had indeed violated his probation. During this hearing, the State presented various documents and testimony to support their claims, but these did not meet the legal requirements. They had included some documents from Michigan that were not certified and did not prove that a final judgment had been made regarding the alleged new crime. The court found that the State did not provide enough competent evidence to support their claim that the appellant had committed a new crime. The judges noted that the State must strictly prove a new offense for revocation of a suspended sentence. Since the State did not prove that the judgment from Michigan was final, the court agreed that there was an error. As a result, the court reversed the revocation order and sent the case back for further actions as needed. The court did not need to consider the other issues raised since the lack of evidence was sufficient to decide the appeal in favor of the appellant.

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RE-2014-371

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In OCCA case No. RE-2014-371, Holland appealed his conviction for Rape in the Second Degree. In a published decision, the court decided to modify the revocation order regarding his suspended sentence. One judge dissented. Holland pleaded guilty to a crime and received a sentence that included five years of imprisonment, but with some of that time suspended as long as he followed rules set by the court. However, he did not follow these rules, such as reporting to his probation officer and attending required treatment. Because of this, the court revoked his suspended sentence and ordered him to serve the full five years. Holland felt the punishment was too harsh and claimed he had tried to follow the rules. He argued that he should not have to serve the full five years because only a part of that sentence was supposed to be enforced. The court looked carefully at his claims. They found that Holland had not fully complied with the rules he agreed to follow, and therefore, they believed the judge was correct in deciding to revoke his suspension. However, they agreed that the judge had made an error when stating he had to serve five years in prison since he had already served part of that time. Ultimately, the court decided to change the revocation order so that Holland would only need to serve four years and eleven months, which is the remaining part of his original sentence. The court confirmed their decision and instructed the District Court to make the necessary changes.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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F-2007-993

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In OCCA case No. F-2007-993, the appellant appealed his conviction for First Degree Rape and Rape by Instrumentation. In a published decision, the court decided that the failure of defense counsel to call the appellant to testify, after promising the jury he would, constituted ineffective assistance of counsel, which significantly impacted the trial's fairness. The court also found that the admission of other-crimes evidence related to previous molestation was improperly admitted and prejudicial. Because of these reasons, the appellant was granted a new trial. One judge dissented, arguing that the decision to not testify was the appellant's choice and did not affect the trial's outcome.

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F-2006-1282

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In OCCA case No. F-2006-1282, Michael Ralph Conroy appealed his conviction for several serious crimes, including first-degree rape, kidnapping, and domestic abuse. In an unpublished decision, the court decided to affirm his convictions but ordered a new sentencing hearing. One judge dissented, agreeing with the convictions but opposing the need for resentencing. Conroy was found guilty after a jury trial that reviewed evidence against him. He received significant prison time, amounting to 50 years for most of his charges and a year in jail for the domestic abuse charge, along with a fine. During the appeal, Conroy argued various issues, including the admission of evidence related to other crimes, the authenticity of certain exhibits, and the overall lack of evidence supporting his conviction. He also claimed that some evidence presented at trial was not allowed by law and that he did not receive effective legal representation. The court examined all of these arguments. They found that the evidence admitted during the trial was relevant and showed Conroy's guilt, including letters he wrote that indicated his intent to influence witness testimony. The report concerning the sexual assault was also deemed admissible because it fell under a specific exception to regular rules about hearsay. However, the court acknowledged a mistake regarding jury instructions on the 85% rule, which requires certain criminals to serve a significant part of their sentences before being eligible for parole. This oversight necessitated a new hearing only for sentencing. In the end, even though the appeals court affirmed the guilty verdicts, it recognized the trial court should reconsider the sentencing due to the jury instruction error.

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C-2006-1154

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In OCCA case No. C-2006-1154, Rayshun Carlie Mullins appealed his conviction for multiple serious crimes, including rape and robbery. In an unpublished decision, the court decided that Mullins could withdraw his guilty pleas to many of the charges because he was not informed that he would have to serve 85% of his sentences before being eligible for parole. One judge dissented, arguing that the court should not vacate the pleas since Mullins knew he faced a long prison term when he entered his guilty pleas.

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RE-2007-323

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In OCCA case No. RE-2007-323, Durant appealed his conviction for the unlawful use of photographic equipment for lewd and lascivious purposes. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. To provide a bit more detail: Durant had entered a plea of no contest to a charge of second-degree rape in 2003 but received a suspended sentence. In 2005, he was charged with a new crime, which caused the state to seek to revoke his suspended sentence. After being convicted of the new offense in 2006, his suspended sentence was revoked in 2007. Durant argued that the law used to revoke his sentence was unconstitutional, that evidence against him was gathered illegally, and that there wasn't enough evidence for revocation. Later, in May 2008, the court reversed his conviction for the new crime, suggesting that his actions, though not acceptable, did not fit the legal definition of a crime. Because his suspended sentence was based only on that conviction, the court reversed the decision to revoke it.

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F-2005-911

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In OCCA case No. F-2005-911, Timothy Griffith appealed his conviction for two counts of Attempted First Degree Rape and eight counts of sexual abuse of a child. In an unpublished decision, the court decided to affirm the convictions and sentences except for one count of attempted first degree rape, which was reversed and dismissed. One judge dissented. Griffith was found guilty of two attempted rapes and eight counts of sexually abusing a child, and he was given a total of 61 years in prison. He argued that both his rights against double jeopardy and his right to a fair trial had been violated, among other claims. The court reviewed each of Griffith's arguments. For the first point, the court found there was enough evidence to support the charges and no violation of double jeopardy. For the second and third points, the court ruled that the prosecutor had the discretion to charge Griffith with attempted rape instead of just intent to commit rape, so the trial was fair. Regarding the case's fourth and fifth points, the court decided that the additional testimonies from adult witnesses and the child's prior statements were allowable and did not greatly harm Griffith's case. The sixth allegation about a medical opinion from a physician assistant was also found not to be a problem since it did not influence the jury's decision directly. On point seven, the court agreed that the judge made a mistake by not letting Griffith fully present his defense. This part was significant because it led to the reversal of one of the counts against him. Finally, the court found that the sentences imposed were not excessive despite the overall situation, and there were no errors that would justify further action. In summary, most of Griffith's arguments were not persuasive to the court, and while some parts of the conviction remained, one count was removed due to the identified error.

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F-2005-1282

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In OCCA case No. F-2005-1282, Earl Andrew Dahl, Jr., appealed his conviction for multiple sexual offenses including Rape by Instrumentation, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In an unpublished decision, the court decided to affirm the judgments of the trial court but remanded the case for resentencing. One member of the court dissented. Dahl was found guilty on fifty counts related to these serious crimes, and the jury recommended various sentences for these counts, which were to be served one after another (consecutively). Dahl argued several points in his appeal, including that the evidence was not strong enough to support his convictions and that the sentences were excessive. He also claimed that the prosecutor asked unfair questions during the trial and that the trial court made errors by not giving certain instructions related to the law. After reviewing the evidence, the court concluded that there was enough proof to uphold Dahl's convictions, as the victim's testimony was clear and trustworthy. They also noted that there were certain errors in how the trial was conducted, particularly the failure to provide an important instruction known as the 85% Rule, which affected how the jury decided on the sentencing. Because of this, the court ordered a new sentencing hearing to correct this mistake. Overall, while the convictions were upheld, the court acknowledged that the trial process had flaws, which led to their decision to allow for resentencing for Dahl.

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F 2005-569

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In OCCA case No. F 2005-569, Anthony Logan Merrick appealed his conviction for multiple counts of sexual crimes involving minors. In an unpublished decision, the court decided to affirm most of Merrick's convictions but reversed and dismissed certain specific counts. One judge disagreed with part of the decision. Merrick was tried and found guilty of 21 counts of sexual abuse of a child, 2 counts of sexual exploitation of a child, 15 counts of possession of obscene material involving minors, 4 counts of first-degree rape by instrumentation, and 8 counts of indecent or lewd acts with a minor child under sixteen. He received two life sentences and additional time for the other charges, which would run together, but separately from some other counts. Merrick raised several issues in his appeal. He argued that the search warrant used to gather evidence was not valid because it did not show enough probable cause, and therefore, the evidence collected should not have been allowed in court. The court disagreed and explained that the affidavit (the document that supported the search) did provide a reasonable basis for the warrant. They determined that there was enough evidence to suggest a crime had taken place and that the search was lawful. He also claimed the warrant was not detailed enough in specifying what items could be seized. The court found that the warrant was correctly written to allow officers to identify the items they needed to seize. Merrick's next point was about double punishment. He argued he should not be punished for both the act of lewd molestation and the possession of related images, saying it was unfair. However, the court concluded that these were separate crimes, and thus he could be punished for both. Merrick also believed he should only be charged once for a large number of images found, but the court stated that there were indeed separate counts for each type of evidence that were introduced. Lastly, Merrick claimed that his lawyer did not help him enough during the trial, which hurt his case. The court said there wasn't enough evidence to show that he was harmed by his lawyer's performance. As a result, the court upheld the majority of the convictions while reversing some counts related to possession of images, ordering them to be dismissed.

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F 2004-1198

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In OCCA case No. F 2004-1198, David Lynn Nelson appealed his conviction for multiple counts of sexual crimes. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One judge dissented on the matter of that specific count. Nelson was found guilty by a jury of serious charges, including two counts of Rape by Instrumentation, four counts of Forcible Oral Sodomy, two counts of First Degree Rape, and one count of Attempted Rape. He had previous felony convictions, which affected his sentencing. The jury sentenced him to 40 years in prison plus fines for some counts, while for the others, he received life imprisonment and higher fines. The sentences for all counts were set to run at the same time. During the appeal process, Nelson raised several issues. First, he claimed that he did not receive good help from his lawyer during the trial. However, the court found that his lawyer made decisions that were reasonable, so this claim was dismissed. Nelson also wanted the jury to be informed about new rules that would affect how long he would have to serve in prison before being eligible for parole, but the court did not grant this request. The court later decided it was important to adjust his life sentences to a total of 45 years instead. Moreover, Nelson argued that the evidence did not clearly show he committed one of the charges, specifically concerning the forcible oral sodomy. The court looked at the details of the evidence and found it lacking in proving that aspect, leading to the reversal of that particular count. In summary, the court upheld most of the convictions, but one was removed, and the sentences for the life terms were reduced, while the other penalties remained unchanged. The judge who disagreed with reversing the sodomy conviction felt that the evidence given during the trial was enough to support that finding.

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F-2004-1147

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In OCCA case No. F-2004-1147, James Earl Ware appealed his conviction for first-degree rape and lewd molestation. In an unpublished decision, the court decided to affirm the conviction for first-degree rape but reverse the conviction for lewd molestation with instructions to dismiss that charge. One judge dissented. The case involved accusations made by a girl named D.P. who testified that Ware had molested and raped her when she was 12 years old. During the trial, D.P. shared experiences of how Ware touched her inappropriately multiple times, with one incident where he penetrated her. Her brother also testified that he saw Ware kissing D.P. Ware denied the allegations and claimed that D.P. and her brother were lying about him. He argued that the evidence presented was not strong enough to prove he was guilty. However, the trial judge found D.P.'s testimony credible and believed Ware did commit the acts he was accused of, despite saying that she initially had doubts. The court noted that Ware could not challenge the evidence because he presented his defense after listening to the prosecution's case. It was decided that, while the evidence was strong enough to uphold the first-degree rape conviction, the lewd molestation charge did not have enough proof to support a guilty verdict. Therefore, the conviction for lewd molestation was dismissed, while the conviction for first-degree rape was confirmed.

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F-2004-1261

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In OCCA case No. F-2004-1261, Jonathan Dwight Harjo appealed his conviction for rape in the first degree. In a published decision, the court decided to affirm the conviction but modify the sentence to ten years in prison. One judge dissented regarding the sentence modification.

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F 2004-816

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In OCCA case No. F 2004-816, Martin appealed his conviction for several serious crimes against children. In a published decision, the court decided to affirm the convictions but modified the sentences. One judge dissented. Solly Lee Martin, Jr. was found guilty of multiple charges which included lewd molestation, attempted forcible oral sodomy, and child sexual abuse. The trial happened in Ottawa County, where he received very long sentences for these crimes, which involved terms that ranged from 10 years to life in prison. Some sentences were ordered to be served together, while others had to be served after. During his appeal, Martin claimed he was not given a fair trial. He argued that the trial judge wouldn't allow him to show evidence about the complainant's past which he thought could help his case. In another claim, he said that some testimony during the trial was unfairly negative against him and could influence the jury's decision. The court looked closely at Martin's complaints. They found that he did not properly follow the rules to show the evidence he wanted to introduce, so his first complaint was not accepted. For the second complaint, the court agreed that some of the testimony presented was error, as it talked too much about what the crime might do to the victims in the future, which is generally not allowed in these types of cases. Despite these issues, the court decided that overall, Martin's convictions would remain, but they agreed to change his sentences. Instead of them running one after the other, they made them all run at the same time. The final decision was that although the court kept the convictions, there were changes to make sure the sentences were fair.

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F 2004-773

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In OCCA case No. F 2004-773, Alfonzo Daniel appealed his conviction for Lewd Acts with a Child under Sixteen and Making Indecent Proposals to a Child under Sixteen. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Mr. Daniel was charged with serious crimes in Oklahoma. He went to trial, where the jury found him guilty of two counts. He was given twenty years for each count, and the sentences were to be served one after the other, making it a total of forty years. Mr. Daniel thought the trial was unfair for many reasons and decided to appeal. He raised several complaints about what happened during the trial. He argued that a videotaped interview of him should not have been allowed because it was wrongly obtained. He also claimed the judge didn’t watch the whole tape before deciding it was involuntary. He felt that certain information, known as hearsay, was also improperly shared during the trial, and that some testimonies were included which didn’t really connect to his case. Mr. Daniel believed he couldn't properly defend himself because his questioning of the witness was limited and some rules given to the jury were unfair. After looking through all the records and arguments, the court agreed that the admission of the videotaped interview was a significant mistake. The court stated that this mistake was not minor and could have affected the jury’s decision. Therefore, they decided to send the case back for a new trial, where these mistakes could be corrected. The other points Mr. Daniel raised were not examined further since the first mistake was enough to warrant a new trial. The judge who disagreed believed that the errors made were not significant enough to change the outcome of the trial and felt the conviction should stand.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Indecent or Lewd Acts with a Child. In an unpublished decision, the court decided to reverse his convictions and order a new trial. One judge dissented. Mr. Lewis was found guilty by a jury in Oklahoma County for serious crimes against a child. The jury decided that he should serve life in prison without parole for the majority of the counts and 20 years for one count. He then appealed this decision, raising three main problems he believed were wrong in his trial. First, he argued that he wasn't properly warned about the risks of representing himself in court, which meant he didn't fully understand what he was giving up by choosing to do so. This was important because it related to his rights as a citizen, protected under the Sixth Amendment. Second, he claimed that the trial court didn't look carefully at whether he was capable of standing trial. He thought there were signs that suggested he wasn't mentally fit for the trial, which might have violated his rights under the Fourteenth Amendment. Third, he complained that the trial court wouldn't allow him to delay the trial, which prevented him from calling witnesses and putting forth a strong defense. He believed this decision also violated his rights. The court noted that Mr. Lewis had been asking to represent himself for a long time before the trial. However, he only received permission to do so a few days before his trial began. The trial court denied his request for more time to prepare and to gather witnesses that he wanted to bring to help his case. The judges noted that having enough time to prepare is important for someone defending themselves in court, especially when they have only just been allowed to do so. The court found that denying him more time was unfair and hurt his chances for a fair trial. As a result, the court agreed that his right to present a defense had been violated when the trial court wouldn’t allow a continuance. This led them to reverse his convictions and order a new trial, meaning he would have another chance to fight the accusations against him. The other issues he raised about warnings and competency were not necessary to discuss because they were overshadowed by the first issue. In conclusion, the court decided that Mr. Lewis's convictions were unfair, and he will get a chance to have a new trial. One judge disagreed with this outcome, feeling that the trial court made the right decision in denying a continuance and that Mr. Lewis had not shown how he was harmed by that decision.

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F 2004-577

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In OCCA case No. F 2004-577, Marion Lewis appealed his conviction for multiple counts of serious crimes, including First Degree Rape and Forcible Oral Sodomy, following a jury trial in Oklahoma County. In an unpublished decision, the court decided to reverse the convictions and order a new trial. One judge dissented. Marion Lewis was found guilty of several serious charges after a trial where he represented himself. He went to trial and was sentenced to life without the chance for parole for most counts and twenty years for another. He believed the court did not properly warn him about the risks of representing himself and raised concerns about his mental ability to stand trial. He also argued that the trial court did not allow him enough time to prepare his defense, which he felt hurt his case. The court found that the trial judge did not give Lewis enough time after he was allowed to represent himself just a few days before the trial started. This lack of time made it hard for him to gather witnesses and evidence that he thought were important for his defense. The court decided the denial of his request for more time was unfair and violated his rights. In the end, the court reversed Lewis's convictions and ordered a new trial, agreeing that the trial process had not been fair. However, one judge disagreed, believing that the trial court acted correctly in denying the request for more time, stating that Lewis had not shown he would have been able to present a strong defense even if he had been given more time.

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F-2003-802

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In OCCA case No. F-2003-802, the appellant appealed his conviction for multiple serious crimes against minors. In an unpublished decision, the court decided to affirm most of the convictions but reversed one. One member of the court dissented regarding the sentences. The appellant was found guilty of many crimes, including possession of obscene material involving minors and various forms of sexual assault and exploitation. The jury decided on significant punishments, including life imprisonment for some counts and substantial fines. The sentences were ordered to run one after the other, meaning the appellant would serve a long time in prison without the chance to have some time overlap. The appellant raised several issues during the appeal. He argued that his trial was unfair for various reasons, such as hearsay evidence being allowed and prejudicial comments from the prosecutor. He also claimed that he was charged with crimes that were not consistent with the law at the time of the offenses, notably regarding the sexual exploitation charge. The court evaluated each point raised by the appellant. They found that while there were errors in how the trial was handled, not all of them affected the final outcome significantly. Some errors were considered harmless or did not warrant a change in the verdict. The court agreed that some charges were problematic, particularly that of sexual exploitation, which the court decided to reverse and dismiss. The court concluded that the appellant's conviction for the possession charge should reflect a different statute and that some sentences exceeded legal limits. The court modified these sentences appropriately and affirmed most of the other convictions. One judge did not agree with the decision to have all sentences run consecutively and believed they should run together instead, which would allow for a potentially shorter total time in prison. This disagreement highlights the differing opinions within the court regarding the severity and application of sentences. In summary, the case involved serious crimes with significant legal discussion around the fairness of the trial and the appropriateness of the resulting sentences.

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F-2004-63

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In OCCA case No. F-2004-63, Joshua Lee Masters appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm his conviction but remanded the case for resentencing and correction of the Judgment and Sentence. One judge dissented. Joshua Lee Masters was found guilty after a bench trial in Bryan County. He was sentenced to ten years in prison, with the last five years of his sentence suspended under probation conditions. He appealed his conviction, claiming that the evidence was not enough to prove he was guilty of Rape by Instrumentation. He argued that the victim was not unconscious of what was happening, and he was sentenced incorrectly under the penalty for First Degree Rape when his actions should have been classified as Second Degree Rape. The court carefully reviewed the case and the arguments made. They explained that Rape by Instrumentation happens when the victim does not understand what is happening, and the person committing the act knows about it. In this case, the victim was confused because she thought the attacker was someone else. The court agreed with this argument and found enough evidence for the conviction but noted a mistake in how the sentence was given. Since the State didn’t prove special circumstances needed for the higher First Degree Rape charge, the punishment range was incorrect. The court said this was a clear error. This meant the case needed to go back to the lower court to adjust the sentence so it matched the correct punishment for Second Degree Rape by Instrumentation. In summary, while Masters' conviction stood, the sentencing part was sent back for correction.

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