Okla. Stat. tit. 21 § 1123

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 In an unpublished decision, the court decided to affirm most of the convictions but reversed one.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 2003-959

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In OCCA case No. F 2003-959, Tomas DeLeon, III appealed his conviction for five counts of Lewd Molestation. In an unpublished decision, the court decided to affirm the convictions. One judge dissented. Tomas DeLeon, III was found guilty of crimes against children. A jury decided on the punishment for these crimes, saying he should go to prison for a total of about 14 years. He did not like the decision and asked the court to review it. He said that there were many mistakes made during his trial. First, DeLeon thought there wasn’t enough evidence to support one of the counts against him. He also said that his lawyer didn’t help him well. His lawyer didn’t try to cancel one of the charges, didn’t argue well during the trial, and didn’t use some evidence that could help DeLeon. DeLeon also complained that the people who were trying to prove he was guilty acted in a way that unfairly influenced the jury during their closing statements. He felt it wasn’t fair because they talked about other bad things he had done in the past. DeLeon argued that the judge didn’t make sure everything was recorded properly for his appeal, which hurt his rights. Then, he mentioned that the judge said he could not earn “good time,” which is a way prisoners can reduce their sentences for good behavior. Finally, he believed there wasn’t enough evidence to prove he did the bad things they said he did. He thought the errors and problems during the trial were so strong that the court should either take away his convictions or lessen his punishments. After looking closely at everything, the court decided that the convictions should stay as they were. They found that DeLeon hadn’t shown enough proof that his lawyer made big mistakes. They felt that the choices made during his trial didn’t create any serious unfairness. However, they did agree that the judge made a mistake by saying DeLeon could not earn “good time.” They ordered that this part of the decision should be removed from his sentence. But overall, the court upheld the jury's decision, meaning DeLeon will still go to prison for the crimes he was convicted of.

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F-2002-1437

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In OCCA case No. F-2002-1437, Alonzo Gabriel Davison appealed his conviction for Lewd Molestation and Sexually Abusing a Minor Child. In an unpublished decision, the court decided to affirm his convictions but modify his sentences. One judge dissented. Davison was found guilty of two serious crimes related to child abuse and was sentenced to a total of 125 years in prison. However, the court agreed that some mistakes were made during the trial that affected how the case was handled. The main issues in the appeal included the fairness of the jury selection process, the admission of a videotape of a child’s testimony, and how the judge handled questions from the jury about sentencing. Davison argued that two jurors should not have been allowed to serve because they were biased and had strong feelings about child abuse, which could have impacted their decision. The court discussed how judges have discretion in deciding if a juror can be fair, but in this case, they felt that there were too many doubts about the impartiality of those jurors. Even though Davison's team challenged these jurors, they still ended up on the jury. However, because the defense did not follow all proper procedures to ensure their objections were raised correctly, the court ruled that Davison could not claim this issue harmed him in the end. Next, Davison argued that a videotape showing an interview with one of the child victims should not have been used in court. The court eventually agreed this was a mistake, but they decided it was a harmless error regarding his guilt—that is, it did not affect the jury's decision about whether he was guilty. However, the impact of such evidence on sentencing was considered more serious, leading the court to reduce each of his sentences to 45 years, which would run at the same time instead of one after the other. Regarding the jury's questions about parole and sentencing rules, the court concluded the trial judge was correct not to answer these questions, indicating that it was within the judge's discretion. Overall, while the court found some mistakes were made in how the trial was conducted, they decided that Davison's convictions were still valid, but he would serve a lighter sentence.

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F 2003-443

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In OCCA case No. F 2003-443, Kenneth Linn Walker appealed his conviction for multiple serious crimes, including thirteen counts of First Degree Rape and nine counts of Forcible Oral Sodomy, among others. In an unpublished decision, the court decided to affirm most of the convictions but reversed one count related to Sexual Exploitation of a Child. One judge dissented. Walker was found guilty after a jury trial held in Oklahoma County. The judge sentenced him to a total of 300 years in prison. Walker raised several arguments in his appeal. First, he claimed that the court did not have the power to charge him because some of the accusations were too old and past the legal time limits for prosecution. The court decided that most of the charges were filed on time, but the one charge related to Sexual Exploitation of a Child was not. Walker also argued that he did not have enough time to prepare a proper defense and that he was not given a fair trial because some evidence was kept from him. However, the court found that the requirements for the charges were clear enough that he could adequately prepare for his defense. Regarding the evidence presented, Walkers’ lawyers contended that the witness testimonies should not have been enough to convict him. Nonetheless, the court ruled that the testimonies were credible and strong enough to support the convictions. In summary, the court upheld the majority of Walker's convictions but found that one charge was incorrectly handled because the legal time limit had passed. As a result, they reversed that specific charge while keeping the rest of the convictions intact.

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SR-2003-276

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In OCCA case No. SR-2003-276, Stephen Lee Terry appealed his conviction for indecent or lewd acts with a child under sixteen. In a published decision, the court decided to affirm the trial court's ruling that dismissed the charges against him. One judge dissented. The case started when Terry was caught secretly videotaping young girls, aged eight to twelve, at a public place. He admitted that he watched these videos for sexual gratification. The court had to decide if his actions were considered a crime under the law. For the law to apply, it needed to be proven that he looked at the body or private parts of the girls, which is one of the elements that must be shown in such cases. The trial court ruled in Terry's favor, stating that simply filming clothed girls in a public space did not meet the legal definition required for the charge against him. While Terry's actions might be seen as inappropriate or offensive, the court concluded that what he did did not violate the law according to the specific requirements set out. Thus, they confirmed the trial court's decision.

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C-2003-848

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In OCCA case No. C-2003-848, Todd Wayne McFarland appealed his conviction for Sexual Battery and Rape by Instrumentation. In an unpublished decision, the court decided to allow McFarland to withdraw his plea due to being denied effective assistance of counsel. One member of the court dissented. McFarland had entered a no contest plea after being told by his attorney that he could receive a deferred sentence. However, it turned out that he was not eligible for this type of sentence. McFarland argued that he would not have pleaded no contest if he had known the correct information. After reviewing all the records and evidence, the court agreed that McFarland’s attorney had given him incorrect advice and that this affected his decision to plead. Therefore, the court felt he should be allowed to change his plea.

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F-2003-1089

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In OCCA case No. F-2003-1089, Micah Ananias Horn appealed his conviction for Committing Indecent or Lewd Acts with a Child. In a published decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Horn was found guilty and sentenced to eight years in prison. He argued that several things were wrong with his trial. First, he said he didn't get a fair trial because the jury saw video evidence about a lie detector test, which is not allowed in court. He also claimed his confession was not given freely and that the prosecutor unfairly tried to make the jury feel sorry for the victim. Horn believed there wasn't enough evidence to show he did something sexual, and he thought the way the prosecutor spoke during the trial was unfair and confusing. After looking closely at all the information, the court agreed with Horn on two main points. The first was that the mention of the lie detector test could have influenced the jury’s decision and that it was serious enough to affect the outcome. The second point was that the way the prosecutor explained the burden of proof to the jury was incorrect and could confuse them about what beyond a reasonable doubt means. Since these mistakes were significant, the court ruled that Horn's conviction should be overturned, and he should have a new trial to make sure he gets a fair chance to defend himself.

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F 2003-648

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In OCCA case No. F 2003-648, Remigio Rivas appealed his conviction for First Degree Rape by Instrumentation and Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions but modified the sentences from 100 years to 75 years for each count. One judge dissented.

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F-2002-323

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In OCCA case No. F-2002-323, David Dean Wichita appealed his conviction for Lewd Molestation and Forcible Oral Sodomy. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. The case focused on whether Wichita had properly waived his right to a jury trial. The court found that there was not enough evidence in the record to show that he understood and agreed to give up this important right. The State agreed that this was a mistake and that the case needed to be looked at again. The judges explained that a person must clearly show they are giving up their right to a jury trial. There was no proof in the record that Wichita made this choice himself or that he did it knowingly and wisely. Because of this error, the judges decided that Wichita should have a new trial.

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C-2002-633

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In OCCA case No. C-2002-633, Russell Snoe appealed his conviction for lewd and indecent proposal to a child and contributing to the delinquency of a minor. In an unpublished decision, the court decided to grant Snoe's petition for a writ of certiorari and reverse the judgment and sentence of the trial court. One judge dissented. Snoe had entered a guilty plea in the District Court of Muskogee County, where he was sentenced to five years for one charge and one year for the other, with the sentences to be served at the same time if he completed a certain program. Later, Snoe wanted to take back his guilty plea and sent a letter to the court. The court held a hearing but did not allow him to withdraw his plea. Snoe argued that he did not have a fair chance because his lawyer did not help him correctly and that he was not given the right information about what the punishment could be. The court reviewed Snoe's case and agreed that he had not been clearly informed about his potential punishment. This mistake made his plea not valid. Since he had taken the plea thinking he faced a worse punishment than he actually could have, the court decided he needed another chance. As a result, the court reversed his earlier decision and allowed him to withdraw his plea.

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F 2001-1506

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In OCCA case No. F 2001-1506, Jose Fajardo appealed his conviction for Lewd Molestation and Indecent Proposal to a Child. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Fajardo was found guilty in a trial held in July 2001, where the jury decided he should go to prison for five years for Lewd Molestation and fifteen years for Indecent Proposal, with the sentences to be served one after the other. He appealed these decisions. Fajardo argued nine different reasons why his trial was unfair. He thought the court made mistakes, like not allowing his lawyer to question a juror properly, which he said made it hard for him to get a fair trial. He also said his lawyer didn’t do a good job because important witnesses were not there during the trial. Another point he made was that charging him with two separate crimes instead of one was unfair. After looking at everything, the court decided that one specific mistake was serious enough to warrant a new trial. The court found that a special advocate, who was allowed to help the victim during the trial, should not have been there because there was no law allowing that in this type of case. The special advocate acted in a very active role and helped the prosecution, which made the trial feel unfair to Fajardo. Because this was a big mistake that affected the fairness of the trial, the court ordered a new trial. The other arguments made by Fajardo did not need to be looked at since this one reason was enough to lead to a new trial.

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F 2001-999

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In OCCA case No. F 2001-999, Eric Jackson Davis appealed his conviction for multiple sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions but reversed one of them due to lack of sufficient evidence. One member of the court dissented regarding the decision on sentencing. Davis was found guilty by a jury of five counts of First Degree Rape, two counts of Lewd Molestation, and one count of Forcible Oral Sodomy. The trial took place over three days, and the jury decided on punishments ranging from ten to fifty years for the various counts. The judge announced that Davis's sentences would be served one after the other, known as consecutive sentences. Davis raised three main issues on appeal. First, he argued that there was no evidence proving that a sexual act occurred in the case of the Forcible Oral Sodomy charge, and therefore he asked for that conviction to be overturned. Second, he claimed that there was insufficient evidence for one of the rape counts and wanted it dismissed as well. Lastly, he argued that receiving a total of two hundred forty years in prison was too severe. After looking at the facts and evidence from the trial, the court found that most of the convictions were supported by enough evidence. However, they agreed that one rape conviction should be reversed because the prosecution did not present enough proof to support that specific charge. The court did not find merit in the argument about the Forcible Oral Sodomy conviction. Regarding the sentence, the court acknowledged that different factors should be considered when deciding if a sentence is too harsh. While they found the trial judge's refusal to consider running the sentences at the same time was wrong, they stated that the judge's personal views about sex crimes against children influenced that decision. Therefore, the case was sent back to the lower court for resentencing, but the main convictions were upheld. In summary, the court upheld the majority of Davis's convictions and ordered the court below to reconsider how the sentences were issued, while they reversed one specific conviction due to a lack of evidence. One judge disagreed with the need for a new sentencing hearing, believing that the consequences should remain as they are given the serious nature of the crimes.

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F-2001-338

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In OCCA case No. F-2001-338, Gene Paul Ray appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and ordered a new trial. One judge dissented. Gene Paul Ray was found guilty of two counts of Lewd Molestation but was not guilty on six other related charges. The jury gave him a punishment of ten years for each count, and those sentences would be served one after the other. Ray appealed for many reasons. He first argued that it was wrong for a special advocate to help prosecute him. He believed this went against his rights. The court agreed that this was a mistake because the advocate was not supposed to be involved in his case based on the law. The advocate acted like a second lawyer against Ray, which was unfair. Next, Ray claimed that the court made a mistake by allowing an expert to speak about “child sexual accommodation syndrome” before the victims testified. The court found that this was not done properly and that it could have made the jury more likely to believe the victims’ stories without proper evidence. Ray also said that it was wrong for the court to allow the parents of the child victims to testify about what their children said. This meant the jury heard claims of abuse more times than they should have, making the children's stories seem more believable than they might be. Ray argued that he was also unfairly treated when the court allowed the prosecution to talk about his past drinking problems to attack his character. The court agreed that this kind of information shouldn’t have been used in that way, especially since the prosecution did not show it related to the case. Finally, Ray argued that all these mistakes added up to make it impossible for him to have a fair trial. The court agreed and decided that the combination of these errors meant he wasn't treated fairly in the trial. In summary, the court decided to reverse Ray's convictions and ordered a new trial so that he could have a fair chance to defend himself in light of the mistakes that were made during the original trial.

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F-2001-1170

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In OCCA case No. F-2001-1170, Willie West King, Jr. appealed his conviction for Lewd Molestation of a Child Under Sixteen Years Old. In an unpublished decision, the court decided to affirm the conviction for Count I but reversed the conviction for Count II with instructions to dismiss. One judge dissented regarding the length of the sentence for Count I, suggesting it should be modified to 20 years. Willie West King, Jr. was found guilty by a jury of two counts of lewd molestation after a trial in Texas County. The jury gave a punishment of 65 years for each count, and these sentences were to be served one after the other. King appealed this decision, arguing several points. First, he claimed that the jury instruction on the crime had a serious mistake because it left out an important part that should have been included. However, the court found that even though this was a mistake, it didn’t change the outcome of the trial because other parts of the instructions were clear. Second, King argued that there wasn’t enough evidence to support the second count against him. The court agreed, saying that the evidence really showed an attempt rather than a completed act of lewdness. Therefore, they reversed that part of the conviction and said it should be dismissed. Third, King felt that the court should have told the jury they needed to have another witness to back up the victim's claim. The court disagreed, stating that the victim’s testimony was believable, and did not need another person to support it. Fourth, King thought that the jury should have been informed he would have to serve 85% of his sentence before being eligible for parole. The court found that this wasn’t necessary in this case because the law didn’t require it. They also decided that the prosecutor’s comments during the trial didn’t unfairly influence the jury’s decision. Fifth, King raised a concern about evidence from Texas being allowed in without proper proof. However, the court found that the evidence was correctly shown as valid. Lastly, King argued that all the mistakes in his trial together made it unfair for him. The court concluded that while there were some errors, they were not serious enough to have denied him a fair trial. In summary, the court upheld King’s conviction on Count I but found that Count II was not supported by enough evidence, so it was reversed and dismissed. One judge disagreed with the long sentence for Count I, believing it was too harsh and should be lowered to 20 years instead of 65 years.

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F 2000-446

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In OCCA case No. F 2000-446, Christopher Edward VanAnden appealed his conviction for First Degree Rape by Instrumentation and Lewd Molestation. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Christopher VanAnden was found guilty by a jury of serious charges, including First Degree Rape by Instrumentation and Lewd Molestation. After the trial, he was sentenced to five years for the first charge and three years for the second, with both sentences to be served at the same time. After his conviction, VanAnden argued several points in his appeal. He believed he was unfairly denied the chance to present important witness testimony, that his rights were violated by obtaining an involuntary written statement, that there was not enough evidence to convict him, and that admitting evidence of his other crimes influenced the jury unfairly. The court looked closely at these issues and agreed with VanAnden, deciding that the evidence of other crimes he allegedly committed was particularly problematic. The court pointed out that this evidence was not shown to be connected to the current case in a clear and convincing way, meaning it should not have been allowed at trial. Ultimately, since the court felt that the admission of this other crime evidence was very unfair to VanAnden and could have changed the jury's decision on his guilt, they ordered a new trial. This means that he will have another chance to defend himself against the charges in a new court session, where the jury will hear the case from the beginning without the prejudicial evidence that affected the first trial.

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F 2000-152

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In OCCA case No. F 2000-152, the appellant, Sidney Leon Crittenden, appealed his conviction for two counts of Lewd Molestation. In a published decision, the court decided to affirm the conviction for the first count but reversed and remanded the second count with instructions to dismiss. One judge dissented. Crittenden was charged with serious offenses, including First Degree Rape by Instrumentation and Lewd Molestation. He was found guilty on two counts of Lewd Molestation and sentenced to 45 years in prison for each count, along with a fine. On appeal, Crittenden raised several arguments. He claimed that the trial court made mistakes, such as changing the charges and allowing evidence of other crimes, which he felt unfairly influenced the jury. He also argued that being convicted of two offenses from the same incident was against the rules, and he felt the sentences he received were too harsh. After looking carefully at all the details of the case, the court agreed with Crittenden on one issue—being charged for two separate offenses from one event was not acceptable. They affirmed the first conviction but ordered that the second one be dismissed as there was not enough evidence to support it as a separate act. The court noted that while some evidence suggested there might have been different incidents, it was not strong enough to meet the required level of proof. They concluded that the trial was mostly fair, and the sentences for the first count seemed appropriate. Overall, the decision respected that some of the rules regarding the number of convictions related to a single act were not followed and adjusted the outcome accordingly.

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RE 2000-0392

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In OCCA case No. RE 2000-0392, the accused appealed his conviction for lewd molestation and rape by force and fear. In a published decision, the court decided to affirm the revocation of the accused's suspended sentences, but modified the sentences for lewd molestation from thirty years to twenty years. One judge dissented from the decision regarding the modification of the sentence.

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F-1999-1465

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In OCCA case No. F-99-1465, Sean Michael Johnson appealed his conviction for First Degree Rape, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In a published decision, the court decided to modify Johnson's conviction for First Degree Rape to Second Degree Rape and reduce his sentence to five years. The judgments and sentences for the other counts were affirmed. One judge dissented, expressing concerns about the handling of juvenile procedures in this case.

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F-1999-1293

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In OCCA case No. F 99-1293, #1 appealed his conviction for #4 counts of Lewd Acts with a Child. In an unpublished decision, the court decided #3 counts were affirmed and #1 count was reversed and remanded with instructions to dismiss. #0 dissented. #1, William Dean Carter, was found guilty in a jury trial after being accused of committing inappropriate acts against children. These acts happened a long time ago, but the case took a while to come to court. Carter was sentenced to several years in prison for his crimes. Carter claimed that his rights were violated during the trial. He said he should not have been charged because the time limit for bringing the case to court had passed. He also argued that the prosecution made unfair comments during the trial and that he did not get a fair chance to defend himself. The court looked closely at all the details of the case. They found that for two of the counts against Carter, the prosecution was valid, but for the other two, the time limit had expired. Because of this, those two counts were dismissed. The judges felt that the evidence against Carter was strong enough for some of the charges, even if there were some errors during the trial. In conclusion, the court said that two of Carter's convictions would stay, but the other two would be thrown out and should not continue in court.

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F 2000-515

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In OCCA case No. F 2000-515, Larry Alan Schroeder appealed his conviction for multiple serious crimes including burglary and sexual offenses. In an unpublished decision, the court decided to affirm most of his convictions and sentences but reversed some related to specific counts due to insufficient evidence and legal issues. One judge dissented regarding the reversal of certain burglary counts, believing there was enough evidence to support those convictions. Ultimately, some charges were upheld while others were dismissed, shaping the outcome of the appeal.

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