Okla. Stat. tit. 21 § 1303

F 2014-3

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In OCCA case No. F-2014-3, Edwin Jermaine Daniels appealed his conviction for several serious crimes including burglary, robbery, kidnapping, and assault. In an unpublished decision, the court decided to affirm most of the trial court's decisions but did vacate some of the fines associated with his sentences. One judge dissented. During the trial, Daniels was found guilty of multiple counts connected to violent crimes he committed with a co-defendant. The judge sentenced him to a total of many years in prison and imposed fines for each count. Daniels raised several issues on appeal, arguing that there were mistakes made during his trial that affected the fairness of the process. First, he claimed that the jury instructions were confusing and reduced the State’s burden to prove guilt. The court found that since there were no objections to the instructions during the trial, they did not affect the trial's result. Second, Daniels objected to being told the fines were mandatory, but the court found that this was also a mistake that the State admitted to; thus, the fines were removed for certain counts. He also claimed prosecutorial misconduct, arguing that comments made by the prosecutor during the trial unfairly influenced the jury. The court ruled that these comments did not significantly change the trial's outcome. Daniels further contended that he did not receive effective legal assistance. The court concluded that his lawyer's performance did not meet a standard of failure that would have changed the trial's result. In the end, while the court affirmed the convictions, it removed the fines that were wrongly imposed, ensuring that Daniel's rights were respected where the trial process fell short.

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F-2012-170

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In OCCA case No. F-2012-170, Darnell Lamar Wright appealed his conviction for Robbery with a Firearm, False Personation, and Assault while Masked. In an unpublished decision, the court decided to affirm the convictions for Robbery with a Firearm and False Personation but reversed the conviction for Assault while Masked. One judge dissented. The case began when Wright was tried by a jury and found guilty on multiple counts. The jury recommended a life sentence for the robbery charge, four years for false personation, and twenty years for assault while masked. The judge sentenced him accordingly, ordering the sentences to run one after another. Wright raised several issues in his appeal. He argued that the trial court made errors that affected the fairness of his trial. One main concern was about how the court answered a jury question regarding parole eligibility for some of the charges. Wright claimed that the response was confusing and led to misunderstandings about how long he might serve. He also contended that there wasn't enough proof for the false personation charge, and he believed the law about that charge was unclear and unfair. Additionally, he argued that being convicted of both robbery with a firearm and assault while masked for the same act was not right, claiming it violated the principle against double jeopardy. Wright thought that evidence shown during the trial, which wasn’t directly related to him or the robbery, shouldn't have been allowed. He felt that this hurt his right to a fair trial. Lastly, he claimed that many small errors during the trial added up to deny him a fair chance. After reviewing Wright's arguments and the entire case, the court found that there was a valid point in Wright's argument about the assault charge. The court agreed that the attack with a weapon and the robbery were part of the same event and therefore should not both result in separate punishments. However, they found no substantial errors with the other appeals he raised. The judges stated that the original instructions the jury received were clear and that any confusion they had didn’t change the outcome of the trial. They also determined that the law concerning false personation was not vague and that the evidence against Wright was sufficient for the charges. Thus, while the court upheld the convictions for robbery and false personation, they overturned Wright’s conviction for assault while masked, instructing the lower court to dismiss that charge. The decision meant that Wright would have to serve time for the robbery and false personation but not for the assault.

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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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C-2010-1060

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In OCCA case No. C-2010-1060, Carlos David Oliver appealed his conviction for robbery with a firearm, assault with a dangerous weapon, assault while masked, and resisting an officer. In an unpublished decision, the court decided to deny his appeal in part and grant it in part. The court reversed and dismissed two of the charges: assault with a dangerous weapon and resisting arrest. The dissenting opinion was noted but did not specify details.

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