Okla. Stat. tit. 21 § 1173(B)(1) Archives

F-2018-321

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-321, Wayne William White appealed his conviction for Stalking. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Wayne William White was found guilty by a jury for stalking his ex-girlfriend after he repeatedly bothered her over several months, which included breaking a protective order meant to keep him away from her. He was sentenced to twenty years in prison. White argued two main points in his appeal. First, he claimed that the trial court made a mistake by not requiring the prosecution to choose specific actions that proved he stalked the victim. He believed this could confuse jurors, making it impossible for them to reach a unanimous agreement on what actions he took. The court explained that for a conviction of stalking, the law only needed to show that White repeatedly followed or harassed the victim, which means doing things that would cause someone to feel scared or upset. The State provided proof that he made multiple phone calls, left threatening messages, and damaged her property. The court looked into his argument and found no error. They stated that the process of how they reached their decision didn’t have to have them agree on every small action, but rather just that he was guilty of stalking overall. For White's second argument, he suggested that his lawyer did not do a good job by not asking the State to pick specific actions to focus on. The court said that since the State wasn’t required to choose specific actions anyway, his lawyer's actions did not hurt his case. Because of this, the court also denied this argument. In conclusion, the court affirmed Wayne William White's conviction, meaning his appeal was unsuccessful, and he would continue to serve his sentence. One judge had a different opinion but the majority agreed with the decision.

C-2016-877

Post author:Staff
Post published:December 7, 2017
Post category:C

In OCCA case No. C-2016-877, Charles David Miller appealed his conviction for multiple charges including stalking and possession of a firearm during a felony. In an unpublished decision, the court decided to grant Miller’s petition in part. The court affirmed the judgments and sentences for some counts but reversed the sentence for Count 1 and dismissed Count 4 due to double punishment concerns. One judge dissented. The case began when Miller, facing serious charges, entered a guilty plea in December 2014, agreeing to certain terms. He was originally given deferred sentences, meaning he would not serve time in prison if he followed the terms of his probation. However, after a hearing in 2015, the court ruled to impose a harsher sentence because Miller did not comply with the terms, leading to his appeal. Throughout the appeal, Miller argued that his guilty plea should be withdrawn for several reasons. He claimed there was no factual reason for his plea, that he was not made aware of his rights, and expressed concerns about double punishment as well as the effectiveness of his lawyer. The court reviewed the details and concluded that Miller had not shown enough grounds for his claims because some issues were not raised earlier in court, making them not eligible for review. The court particularly focused on whether Miller's plea was voluntary and if he was properly informed. They found that while Miller's plea might have been motivated by a desire to get his car back, he did understand the consequences of his actions. The court upheld the judgment for some counts, but it noted that the sentence for Count 1 was illegal because it exceeded the maximum allowed by law. As a result, they ordered a new sentencing for that count and dismissed Count 4 entirely because of double punishment. In summary, the main points were that Miller wanted to reverse his guilty plea but the court found many of his arguments unsubstantiated. They decided to change his sentence on one charge while dismissing another, affirming the result on several others.