Okla. Stat. tit. 21 § 13.1

F-2012-633

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In OCCA case No. F-2012-633, Dre Edward Barham appealed his conviction for Lewd Molestation (Count 2) and Forcible Sodomy (Count 3). In an unpublished decision, the court decided to reverse Barham's conviction for Lewd Molestation, dismissing that charge, but affirmed the conviction for Forcible Sodomy and modified the sentence. One judge dissented. Barham was found guilty by a jury in Nowata County of committing two serious crimes. The jury gave him five years in prison and a fine for Lewd Molestation and twelve years in prison and a fine for Forcible Sodomy. The judge made these sentences consecutive, meaning he must serve them one after the other. Barham appealed, raising several concerns. He first argued that being convicted of both crimes was unfair and against the rules. He said it was like being punished twice for the same thing, which the law does not allow. The court agreed with him on this point and decided to cancel the Lewd Molestation conviction. Next, Barham mentioned that there was not enough proof to say he was guilty of Lewd Molestation, but because that charge was overturned, this argument was no longer needed. He also claimed that evidence from other incidents was unfairly allowed during his trial, but the court found that it was relevant and did not harm his chance for a fair trial. Barham argued that the jury was misled about the penalties they could provide, especially regarding fines, which the court confirmed. They invalidated the fine connected to the Forcible Sodomy conviction because the law did not require it. Barham also believed the prosecutor acted wrongly during the trial, however, the court concluded that he received a fair trial overall and that the prosecutor did not misuse their position. Finally, while Barham's sentence for Forcible Sodomy was modified due to the earlier points discussed, the court stated that the twelve-year sentence was not excessive or shocking. The claims of many errors leading to an unfair trial were mostly found to be untrue, except for the overlapping charges. To summarize, the court confirmed the Forcible Sodomy conviction but reversed the charge of Lewd Molestation, stating that it was not right to convict him of both. Barham's time in prison will be adjusted based on this decision, and the fines linked to those charges will not apply to the overturned conviction.

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F-2013-36

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In OCCA case No. F-2013-36, Jasper appealed his conviction for Conspiracy, Kidnapping, Attempted First Degree Rape, and First Degree Robbery. In an unpublished decision, the court decided to affirm Jasper's convictions but modify the sentence for First Degree Robbery. One judge dissented. Jasper was found guilty by a jury of four serious crimes. For Conspiracy, he was sentenced to ten years and fined $5,000. For Kidnapping, he received a 20-year sentence. Attempted Rape meant he was sentenced to 22.5 years, and for First Degree Robbery, he was given ten years. The sentences were supposed to be served one after the other, which made his total time in prison very long. Jasper raised several arguments on why he thought his convictions should be changed. He argued that the evidence didn't prove he was part of a conspiracy to commit rape, meaning there wasn't enough proof of an agreement to commit a crime. He also claimed that he shouldn't have been punished for both Kidnapping and Attempted Rape because they were connected to the same act. He believed this meant he faced double punishment for the same offense, which should not happen. Regarding his robbery conviction, Jasper contended that he shouldn't be punished for it because of double jeopardy, a rule that stops someone from being tried for the same crime twice. He also claimed the judge made a mistake when telling the jury about the sentence they could give him for robbery, which he believed went against his rights. Another argument was that some evidence presented during the trial wasn't fair and made him look bad but was not relevant to the case. He asserted that a lot of hearsay evidence was introduced that made his trial unfair and that his lawyer didn’t help him properly. After review, the court found that Jasper's conviction for Conspiracy was supported enough by evidence for the jury to make its decision. They ruled that the convictions for Kidnapping and Attempted Rape were also valid because they were considered separate crimes, meaning he could be punished for both. The claim of double jeopardy concerning his robbery conviction was rejected because the crimes he committed had different elements, making each punishment lawful. When it came to the sentencing instructions for First Degree Robbery, the court recognized a clear error since the jury was told wrong information about the possible sentence. They found that the minimum prison term should have been five years instead of ten. Because of this mistake, Jasper’s sentence for First Degree Robbery was modified. Other claims by Jasper about unfair evidence and the effectiveness of his lawyer did not convince the court to overturn his other convictions. The court believed that, aside from the sentencing issue, his trial was fair overall. At the end, the court kept Jasper’s convictions for Conspiracy, Kidnapping, and Attempted First Degree Rape as they were but changed his sentence for First Degree Robbery to five years. Thus, the court’s decision was mostly in favor of maintaining the original verdict and just correcting the sentencing issue.

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F-2013-327

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In OCCA case No. F-2013-327, Claude M. Byrd, III appealed his conviction for conspiracy to commit robbery, robbery with a firearm, and kidnapping. In an unpublished decision, the court decided to reverse the conviction for kidnapping in Count 9 while affirming all other judgments and sentences. One judge dissented. In this case, Byrd was found guilty in a trial without a jury. He had several charges against him, which included conspiracy to commit robbery, robbery, and kidnapping. The court sentenced him to serve five years for conspiracy, fifteen years for robbery (with part of that suspended), and ten years for each kidnapping charge, all to be served at the same time. Byrd argued that the evidence against him was not enough to prove he committed robbery against two people and that he was unjustly punished for multiple kidnapping charges. He claimed that his lawyer didn’t do a good job defending him and that some evidence used in his trial should not have been allowed. When the court looked at the evidence, they decided that Byrd was involved in the crimes even if he wasn't the one who took the items. His actions during the robbery could hold him responsible for the other crimes that happened afterward, like kidnapping people in the apartment. Regarding his claims of double punishment, the court found that Byrd's actions involved separate victims and crimes that did not violate the law against multiple punishments. However, they agreed that one of his kidnapping charges was too closely related to a robbery charge for Gonzalez, leading to the reversal of that specific conviction. The court concluded Byrd's lawyer did not fail in a significant way that would change the outcome of the trial. They also determined that the trial judge had not made mistakes in allowing certain evidence or in sentencing him. In the end, Byrd lost his appeal for most charges, but the court reversed the kidnapping conviction for one of the victims.

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F-2012-1039

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In OCCA case No. F-2012-1039, Earnest Toby Bearshead appealed his conviction for Robbery with a Firearm and False Personation. In a published decision, the court decided to affirm his conviction for Robbery with a Firearm but reversed his conviction for False Personation. One judge dissented. Bearshead was found guilty of two crimes: Robbery with a Firearm and False Personation. The jury decided he should go to prison for nine years for the robbery and five years for the false personation. The sentences would be served one after the other. Bearshead did not argue against the robbery conviction but did challenge the false personation conviction based on three main issues. First, Bearshead claimed that there wasn't enough evidence to prove he committed false personation. The law says that to be guilty of false personation, a person has to pretend to be someone else and do something that could cause that person to face legal issues or gain some benefit. Bearshead argued that since a video of him talking to the police was not officially accepted as evidence, he could not be said to have assumed another person's identity. Despite this claim, the court found that Bearshead had indeed provided evidence of using a false name when talking to the police. A detective testified that Bearshead initially said his name was “Oscar” and later corrected it to “Toby.” The detective had noted this on a form, showing that Bearshead tried to lie about his identity. The second point Bearshead raised was that even if he did use a false name, he did not do anything to get someone else in trouble, as there were no legal issues connected to the name Oscar Bearshead. The State argued he would have benefitted in some way, such as avoiding responsibility for the robbery. However, there was no evidence that showed Bearshead actually gained anything from pretending to be Oscar. He still faced the charges and was found guilty of the robbery. The court pointed out that Bearshead's jury was not instructed about the possibility of benefiting from using a false name, which was necessary for proving false personation in this case. Without clear evidence that he gained any benefits from the impersonation, the court decided the State did not meet the burden of proving all parts of the crime. As a result, the court reversed Bearshead's conviction for False Personation and ordered it to be dismissed. However, his conviction for Robbery with a Firearm stood, and he would still serve the sentence related to that crime. The decision led to one judge expressing a different opinion from the others.

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C-2013-150

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In OCCA case No. C-2013-150, a person appealed her conviction for possession of a controlled dangerous substance in the presence of a child and child neglect. In a published decision, the court decided to deny some requests but modified the sentence. One judge dissented. The case involved Jennifer Michelle Stumpe, who pled guilty to two crimes. The first was possessing marijuana in front of a child, and the second was child neglect. She entered a program to help people with drug problems. Unfortunately, her participation in the program did not go well, leading the state to seek to terminate her involvement in the program. After agreeing to terminate her program participation, Stumpe was sentenced to five years in prison for each crime, but the sentences would run together. She later asked the court to let her take back her guilty plea, claiming she did not get a fair chance because of her lawyer and that she didn't understand the consequences of her plea. The court looked closely at her claims. Stumpe argued she did not get good help from her lawyer and that she was confused about the law and the possible punishments. However, the court found that these claims should not change the outcome of her case and that there was no big mistake made that would affect her rights significantly. Stumpe specifically challenged the length of her sentence for the first crime. The law said she could only get a maximum of two years in prison for that charge, but the court had given her five years. The court agreed that this was a mistake and decided to change her five-year sentence for that crime down to two years while keeping the other parts of her punishment the same. In summary, while Stumpe's requests to withdraw her pleas based on poor advice were denied, the court granted her request to reduce her sentence for the first crime to match the law.

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F-2012-1126

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In OCCA case No. F-2012-1126, Kevon Andra McLaren appealed his convictions for robbery with a firearm and conspiracy to commit robbery with a firearm, among other charges. In a published decision, the court decided to reverse one of the counts of kidnapping while affirming the other convictions. One judge dissented. In the case, McLaren was found guilty of several serious crimes, including robbery, kidnapping, and shooting with intent to kill. The court focused on multiple offenses he committed against several people, determining that some of the convictions did not violate laws against double punishment because they were for different acts against different victims. However, they found one of the kidnapping charges was too similar to a robbery charge; thus, they reversed that particular conviction. Additionally, McLaren challenged the trial court’s decision to order restitution, claiming it did not follow proper procedures. However, the court ruled that he did not raise this issue correctly and that there was enough evidence to support the restitution ordered for the victims. Overall, while the court reversed one conviction, most of McLaren's convictions and sentences were upheld.

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C-2012-1154

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In OCCA case No. C-2012-1154, Charles D. North appealed his conviction for First Degree Manslaughter, among other charges. In a published decision, the court decided to grant North's request to withdraw his guilty pleas due to the fact that he was denied his right to have a lawyer present during the hearing on this motion. North also challenged the legality of his sentences for two other counts. The court agreed that those sentences exceeded what was allowed by law. Therefore, they vacated the illegal sentences and sent the case back to the lower court for North to have new counsel and a new hearing on his motion to withdraw his pleas. No one dissented.

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F-2012-236

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In OCCA case No. F-2012-236, #Jonathan Bear Robe Nahwooksy appealed his conviction for #First Degree Rape and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided #to affirm the conviction but modified the sentence. Nahwooksy was originally sentenced to thirty years imprisonment for First Degree Rape and five years for Second Degree Rape by Instrumentation; however, the court changed the thirty-year sentence to twenty years and ordered both sentences to be served at the same time instead of one after the other. During the trial, Nahwooksy was found guilty of raping his second cousin, K.M., who was fourteen at the time. The case revolved around whether the sexual encounter was forced or consensual. The prosecutor's conduct throughout the case led to concerns about the fairness of the trial. Specifically, the prosecutor made inappropriate comments during the trial that seemed to create sympathy for K.M. and portrayed herself and the investigating officer as champions of justice. The court examined the prosecutor's behavior and found that it went beyond acceptable limits, especially when she made personal comments and depicted herself as fighting for victims. While there was enough evidence for the jury to find Nahwooksy guilty, the court believed that the prosecutor's misconduct during closing arguments likely affected the jury's decision on sentencing. In conclusion, while the conviction was upheld, the court decided to reduce Nahwooksy's sentence to ensure fairness in light of the errors made during the trial. #None dissented.

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F 2012-639

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In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

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F-2012-721

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In OCCA case No. F-2012-721, Deshaunte Devon Coulter appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm Coulter's conviction and sentence but vacated the restitution order, directing a new determination of the victim’s loss. One judge dissented. Coulter was found guilty by a jury and sentenced to thirty years in prison, along with an order to pay $2,300 in restitution. He raised several issues on appeal, including claims of unfair trial due to the admission of other crimes evidence, DNA evidence issues, prosecutorial misconduct, and excessive sentencing. The court looked closely at each of Coulter’s arguments. For the first claim about other crimes evidence, the court found there was no actual error because the officers’ testimonies did not specifically reference other crimes involving Coulter. Since Coulter did not challenge this during the trial, he could only appeal on the grounds of plain error, which the court ruled did not occur. In the second argument about DNA evidence, the court noted that Coulter had not shown that the State had erred. The evidence was timely provided, and the court did not find a Brady violation regarding the lack of lab notes since Coulter did not request them in time. For the third claim of prosecutorial misconduct, the court found that there was no actual error. The prosecutor’s comments during the trial were not improper, and thus did not violate Coulter's rights. In the fourth argument, regarding the claim that his sentence was excessive, the court concluded that the sentence fell within the legal limit and was not shockingly inappropriate under the circumstances. In the fifth claim, which concerned the assessment of restitution, the court found that the trial court did not follow proper procedures. The evidence presented at the sentencing didn’t adequately prove the victim's financial losses, so the restitution order was vacated. Finally, Coulter claimed that the cumulative effect of all errors deprived him of a fair trial, but the court found that wasn't the case. The decision affirmed Coulter's conviction and sentence while remanding the restitution matter for proper evaluation.

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F-2012-167

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In OCCA case No. F-2012-167, Bryan Decheveria Aragon appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, conspiracy to commit a felony, burglary in the first degree, kidnapping, and possession of a firearm in the commission of a felony. In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others. One judge dissented. Aragon was found guilty of several serious charges, including robbery, assault, and kidnapping, after a jury trial in the District Court of Cleveland County. The jury handed down various sentences, adding up to a long term in prison. Aragon argued that errors occurred during his trial, including the prosecution calling co-defendants who refused to testify, which he claimed violated his rights. He also pointed out concerns about the prosecutor’s conduct and whether he faced multiple punishments for the same criminal act. The court found that the prosecutor’s decision to call the co-defendants did not require a reversal. Even though the co-defendants didn’t answer every question, they provided some responses and were available for cross-examination. Therefore, this did not infringe upon Aragon’s rights. The court also ruled that any claims regarding prosecutorial misconduct did not significantly impact Aragon's fair trial. However, the court acknowledged that Aragon’s conviction for possessing a firearm during a felony had to be dismissed, as it did not comply with legal standards. The kidnapping charge was also reversed because it arose from the same act as the robbery, which meant that it violated rules against double punishment. On the other hand, the charges for robbery and assault were allowed to stand since they were considered separate actions. In summary, the decision affirmed most of the judgment and sentences but reversed those related to kidnapping and possession of a firearm.

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F-2011-661

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In OCCA case No. F-2011-661, Mark Tracey Vernon appealed his conviction for five counts of First Degree Rape by Instrumentation and one count of Forcible Oral Sodomy. In a published decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Vernon had been found guilty in a non-jury trial and sentenced to life imprisonment on the rape charges and twenty years for the sodomy charge, with the sentences to be served one after another. Initially, he faced fourteen counts of rape and five of sodomy, but some were dismissed or he was acquitted of others during the trial. Vernon claimed that he did not receive a fair trial due to ineffective assistance from his lawyer. The court agreed and found that his defense attorney did not present important evidence that could have helped Vernon. This included failing to interview a witness who might have provided helpful information and not questioning the investigating officer about past allegations against one of the victims. The court noted that these mistakes were not part of a reasonable trial strategy. After reviewing the trial and additional evidence presented during a hearing, the court decided that Vernon's lawyer's performance was inadequate. Because of this, they believed that the trial's outcome could have been different if the mistakes had not happened. Vernon's judgment was reversed, and the case was sent back for a new trial to ensure that he gets a fair chance to defend himself.

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F-2011-693

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In OCCA case No. F-2011-693, Michael Wayne Dorsey appealed his conviction for Manslaughter in the First Degree and Shooting with Intent to Kill. In a published decision, the court decided to affirm Dorsey's conviction and his sentences but vacated the $5,000 victim compensation assessment set by the trial court. One member of the court dissented. Dorsey was found guilty by a jury of manslaughter and shooting with intent to kill. The jury decided on a punishment of thirty years for manslaughter and five years for the shooting charge, which would be served one after the other. Dorsey argued that he should have been allowed to use self-defense as a reason for both charges, but the court found that the instructions given to the jury were correct. Dorsey also claimed that the trial judge made an error with jury instructions regarding self-defense and intoxication, but the court disagreed. He further asserted that his lawyer was not effective because there was no objection raised to those jury instructions, but the court ruled that there was nothing wrong with the instructions in the first place. Lastly, Dorsey objected to the judge imposing the victim compensation amount without considering several important factors. The court agreed that the judge did not properly assess the situation and sent the case back to the trial court for a new decision on the compensation amount. Thus, the main outcome was that while Dorsey's conviction was upheld, the court required a reconsideration of the victim compensation assessment based on certain statutory factors outlined in the law.

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F-2011-473

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In OCCA case No. F-2011-473, Joseph Randal Arndt appealed his conviction for Robbery with a Firearm. In a published decision, the court decided that Arndt's right to cross-examine his co-defendant was denied, which required a reversal of his conviction and a new trial. One judge dissented. The case involved Arndt, his co-defendant, and another man who planned to buy marijuana from a person named Ouni. Instead of a legal transaction, things turned violent when Arndt's accomplice pulled a gun and shot Ouni when he thought he was cheated. Arndt was in the car during this event and was accused of participating in the robbery. During the trial, Arndt argued that he should have been allowed to question his co-defendant about important details that could affect his case. These details included accusations that Arndt had a shotgun and was told to push Ouni out of the vehicle. Arndt's lawyer objected when this information was presented during the trial, but the judge denied the request to cross-examine the co-defendant. Arndt maintained that both he and the co-defendant claimed to have no knowledge of any robbery plan. When the co-defendant testified against Arndt, the court should have allowed Arndt to cross-examine him. The court found that the judge's failure to do so was a serious error that harmed Arndt's rights. In conclusion, the decision emphasized that when someone testifies against you in court, you have the right to question them. Since Arndt was not given this opportunity, the court decided that he deserves a new trial where he can fully defend himself.

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F-2012-499

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In OCCA case No. F-2012-499, Richard Harold Bazemore appealed his conviction for Sexual Abuse of a Child (Counts I-VI) and Lewd or Indecent Acts With a Child Under Sixteen (Count VIII). In a published decision, the court decided to affirm his convictions but modified the presentence investigation fee to $250.00. One judge dissented.

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F-2012-437

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In OCCA case No. F-2012-437, Mark J. Lawler appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Mark J. Lawler was found guilty of rape in the first degree by a jury and given a sentence of thirty-five years in prison. He claimed that the trial court made mistakes during his trial. First, Lawler thought he should have been allowed to represent himself instead of having a lawyer. He argued that this was his right under the Sixth Amendment of the U.S. Constitution. The court agreed with him, stating that he had clearly asked to represent himself at least five days before the trial, which was a reasonable request. The court also found that Lawler understood the risks involved in defending himself without a lawyer. The trial court was wrong to deny his request, so that was a significant error. Second, Lawler argued that he did not get a speedy trial, which is another right he had under the law. Although there were delays in the trial, the court found that they were not entirely Lawler's fault. The reasons for the delays included busy courts and other issues that were not intentional. However, the court also decided that Lawler did not show he was hurt by the delay, so they did not agree with his claim on this point. In summary, the court found that the trial court made a mistake by not allowing Lawler to represent himself. Because of this error, they reversed his conviction and sent the case back for a new trial.

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F-2011-407

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In OCCA case No. F-2011-407, Kevin Maurice Brown appealed his conviction for multiple counts of robbery and firearm possession. In an unpublished decision, the court decided to affirm his convictions on all counts except for one count of possession of a firearm, which was reversed. One judge dissented. Kevin Brown was found guilty of robbing several businesses in Tulsa, using a firearm during these crimes. The jury decided on severe punishment, including life imprisonment and hefty fines. The trial also took note of Brown's previous felonies, which influenced the decisions. During the case, issues arose regarding double punishment for two counts of firearm possession that were related to the same gun. Brown’s defense argued that charging him with both counts violated the principle against double jeopardy, which protects individuals from being punished multiple times for the same crime. The court agreed that the evidence showed he was being punished twice for the same offense, which is not allowed, and reversed the conviction for one of those counts. Brown also felt he didn’t receive good legal help during his trial because his lawyer didn’t challenge the double counting of the firearm charges. However, since one count was reversed, this concern was considered resolved. Additionally, Brown thought his sentences were too harsh, especially since no one was hurt in the robberies. The court stated that while the sentences were serious, they were within the law, and given his past convictions, they did not seem extreme or unjust. Brown submitted additional concerns in a separate brief, but these were not accepted because they did not follow required guidelines. As a result, the court denied those arguments. In summary, while Brown's convictions for robbery and firearms were mostly upheld, one of the firearm possession counts was overturned due to improper double punishment. The court found no errors significant enough to change his overall sentence, which reflected the severity of the crimes committed.

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F-2012-112

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In OCCA case No. F-2012-112, Gene Freeman Price appealed his conviction for First Degree Burglary. In a published decision, the court decided to reverse and remand for a new trial. One judge dissented. Gene Freeman Price was found guilty of breaking into a building with the intention of committing a crime. He was given a sentence of twelve years in prison. However, Price argued that he did not fully understand his rights before he decided to represent himself in court instead of having a lawyer help him. The court looked closely at the case. They believed the trial court did not do a good job explaining to Price the risks of going to court alone without a lawyer. This meant that Price could not have truly given up his right to a lawyer because he didn't really understand what that meant. The judges decided that because of this mistake, Price's right to have a lawyer was violated. Since this was such a serious error and affected the whole case, the court said they could not ignore it. They ruled that the earlier decision needed to be thrown out, and Price should get a new trial where he could have a lawyer help him.

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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-2010-1237

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In OCCA case No. F-2010-1237, James Lee Gilford, Jr. appealed his conviction for robbery with a weapon, assault and battery with a dangerous weapon, assault while masked or disguised, and first-degree burglary, each after prior felony convictions. In an unpublished decision, the court decided to reverse his convictions for assault and battery with a dangerous weapon and assault while masked or disguised but affirmed his convictions for robbery with a weapon and first-degree burglary. One judge dissented regarding the reversal of one of the convictions. The case began when Gilford was tried by a jury and convicted on several counts. The jury decided that Gilford should spend life in prison for each count, and the sentences were ordered to be served one after the other. Gilford appealed, raising several issues, including concerns about jury selection, due process, multiple punishments for the same act, and inaccuracies in his judgment and sentence. 1. **Jury Selection**: Gilford argued that the prosecutors unfairly removed minority jurors. The court found that the prosecutor had provided good reasons for these removals, and Gilford did not prove any discrimination occurred in the jury selection process. 2. **Due Process Rights**: Gilford claimed he was denied a fair trial because the state didn't share some important information about a key witness. However, the court determined that this did not affect the outcome of the trial significantly. 3. **Multiple Punishments**: The court analyzed whether Gilford's convictions were for separate crimes or for just one act. Gilford's robbery, where he stabbed the victim and took his things, was connected to assaults he committed during that event. The court decided that the assault and battery charges arose from the same action as the robbery and therefore fell under laws that prevent punishing someone twice for the same act. 4. **Judgment and Sentence Issues**: Since the court reversed the assault charges because they were multiple punishments for a single act, they found that any inaccuracies in the sentencing for those charges didn't matter anymore. The final decision was that Gilford's sentences for robbery with a weapon and first-degree burglary would stay, while the court ordered the other two charges to be dismissed due to legal protections against multiple punishments. There was a dissenting opinion by one judge who felt that the conviction for assault while masked should not have been reversed.

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F-2011-70

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In OCCA case No. F-2011-70, Christopher Stinson, Sr. appealed his conviction for First Degree Felony Murder, First Degree Arson, and Manufacturing Controlled Dangerous Substance. In a published decision, the court decided to affirm the judgment and sentence on the Felony Murder charge and reverse the Manufacturing charge, stating it should be dismissed due to double jeopardy concerns. One judge dissented.

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F-2010-651

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In OCCA case No. F-2010-651, Frank Leroy Gibson appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm Gibson's convictions but modified his sentence on Count I to 25 years of imprisonment instead of Life. One judge dissented regarding the sentencing modification. Gibson was found guilty by a jury of manufacturing methamphetamine and possessing drug paraphernalia after a police search of his home. The jury considered various pieces of evidence, including burned pseudoephedrine blister packs and a coffee grinder with traces of the drug. Gibson argued that there wasn't enough evidence to prove he manufactured methamphetamine, but the court disagreed, stating sufficient circumstantial evidence pointed to his involvement. Gibson also raised concerns about how the jury was instructed regarding a question they had during sentencing discussions. He claimed the response given by the judge was improper. However, the court found that the response did not negatively affect his rights. Another point of appeal involved how the State proved Gibson’s prior felony convictions. Gibson argued that the use of certain documents to establish his past convictions was wrong. The court noted he did not object to this during the trial, so it upheld the use of the documents. Gibson also claimed that his post-arrest silence was mentioned inappropriately during the trial, which could lead to unfair treatment. The court assessed this point and found that the reference did not affect the fairness of the trial overall. Gibson argued that the prosecutor acted inappropriately during the trial, making inflammatory comments and expressing personal opinions. The court examined these claims and concluded that while some comments by the prosecutor were improper, they did not affect the outcome of the trial. There was also a concern about the trial judge informing the jury that Gibson's attorney was facing criminal charges. The court acknowledged the trial court's comments were poorly chosen but ultimately decided that they did not cause significant harm to Gibson’s case. The court determined that while Gibson's sentence was initially excessive due to the previous errors and comments related to the trial, the evidence of his guilt was strong, and thus reduced his sentence on the methamphetamine charge to 25 years in prison. The possession charge remained unchanged and the sentences were to run concurrently. In conclusion, while Gibson’s convictions were upheld, the court modified his sentence for fairness considering the cumulative effects of the prosecutor's statements and the judge's comments.

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C-2010-695

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In OCCA case No. C-2010-695, Marcus Jermaine Christon appealed his conviction for multiple charges including burglary and possession of drugs. In an unpublished decision, the court decided to grant his petition for certiorari and remanded the case for a new hearing. One judge dissented.

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F-2010-555

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In OCCA case No. F-2010-555, Keighton Jon Budder appealed his conviction for First Degree Rape (Counts I and III), Assault and Battery with a Deadly Weapon (Count II), and Forcible Oral Sodomy (Count IV). In an unpublished decision, the court decided to modify his sentences for Counts I and III to life imprisonment with the possibility of parole. One judge dissented.

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