Okla. Stat. tit. 21 § 142.18(A)

F-2021-49

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In OCCA case No. F-2021-49, the Appellant appealed his conviction for using a vehicle to facilitate intentional discharge of a weapon, assault and battery with a deadly weapon, and feloniously pointing a firearm. In a published decision, the court decided to affirm the conviction for using a vehicle to facilitate the discharge of a firearm and for pointing a firearm but reversed and remanded the conviction for assault and battery with a deadly weapon with instructions to dismiss. One judge dissented regarding the interpretation of the statutes involved.

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F-2019-417

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In OCCA case No. F-2019-417, Henry Warren Kwe Kwe appealed his conviction for Conjoint Robbery, Shooting with Intent to Kill, Possession of a Sawed-Off Shotgun, and Leaving Scene of a Collision Involving Injury. In an unpublished decision, the court decided to affirm Kwe Kwe's convictions on all counts except for the Victim Compensation Assessment for Count 4, which was vacated. Kwe Kwe dissented. Kwe Kwe was found guilty of several serious crimes stemming from an incident involving a robbery and a shooting. The trial revealed that he, along with accomplices, confronted the victim, demanding her money while one of them displayed a weapon. When the victim attempted to call for help, she was shot in the back with a shotgun. Following this, the robbers took her purse and fled. On appeal, Kwe Kwe raised numerous issues regarding his convictions. He argued that being convicted for both robbery and shooting violated laws against multiple punishments for a single act. However, the court found that the robbery and the shooting were distinct actions. The shooting was meant to prevent the victim from escaping and to eliminate her as a witness, rather than to take possession of her belongings. Kwe Kwe also challenged the sufficiency of the evidence against him, claiming he wasn't the shooter. However, the jury had enough circumstantial evidence to conclude he aided in the crime, as he orchestrated the robbery and knew one accomplice was armed. Also, he was found in possession of a sawed-off shotgun shortly after the incident. The court held that the evidence supported the conclusion he was culpable for aiding and abetting the shooter. Another argument from Kwe Kwe revolved around the legality of the sawed-off shotgun itself. He claimed the prosecution didn't prove the shotgun's barrel was less than 18 inches, which would classify it as sawn-off under the law. Nevertheless, the officer testified that the weapon was a modified sawed-off shotgun and that the jury could determine this after examining it. Moreover, Kwe Kwe claimed that the court’s language when discussing the victim's injuries went against the norms of a fair trial. However, the court found this testimony relevant, as it demonstrated the severity of the attack and the intent behind the actions taken by Kwe Kwe and his accomplices. Lastly, he argued that his legal counsel did not perform adequately by failing to raise certain legal defenses and objections during the trial. Yet, the court determined that any such failures did not adversely affect his rights or the outcome of the case. In summary, Kwe Kwe's convictions remained intact, and while some procedural missteps were noted, none were sufficient to reverse the verdict aside from the correction regarding the Victim Compensation Assessment linked to his charge. The appellate court affirmed the lower court's decision overall, while rectifying the single financial aspect.

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C-2018-1174

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### IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA **Case No. C-2018-1174** **OCT 31, 2019** **STEVEN JOSEPH BEATY, Petitioner, v. THE STATE OF OKLAHOMA, Respondent.** **SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Steven Joseph Beaty entered guilty pleas to the following charges in the District Court of Grady County, Case No. CF-2018-115: **Count I** - Felony Domestic Assault and Battery, After Former Conviction of Two or More Felonies (21 O.S.Supp.2014, § 644 (C)); **Count II** - Misdemeanor Violation of Protective Order (22 O.S.Supp.2012, § 60.6); **Count III** - Obstructing An Officer (21 O.S.Supp.2015, § 540). The Honorable Kory Kirkland accepted the pleas on October 16, 2018. The sentences imposed included the following: **Count I** - ten (10) years imprisonment with the last seven (7) years suspended and a $500.00 fine; **Count II** - one year imprisonment and a $200.00 fine; **Count III** - one year imprisonment and a $100.00 fine, with all sentences served concurrently and additional requirements such as costs, victim compensation assessments, and referral to the Batterer's Intervention Program. On October 25, 2018, Petitioner filed a motion to withdraw his guilty pleas. After a hearing on November 13, 2018, Judge Kirkland denied the motion. Petitioner now appeals this denial and raises the following propositions of error: 1. The lack of a factual basis for the plea renders it involuntary due to not being served with the Protective Order. 2. The trial judge failed to consider Petitioner’s ability to pay the victim compensation fee. 3. Petitioner was denied effective assistance of counsel during both the plea hearing and at the plea withdrawal hearing. **Analysis:** After thorough review of the petitions, records, and transcripts, the court finds no abuse of discretion in denying the motion to withdraw the guilty plea. A plea is evaluated based on whether it was voluntary and intelligent, requiring the Petitioner to show it was entered inadvertently or without consideration. In his first two propositions, Petitioner alleges he should have been allowed to withdraw his plea due to inadequate factual basis and failure to inquire about ability to pay the compensation fee. However, these claims were not raised in the motion to withdraw nor in the certiorari petition, waiving their consideration on appeal. In Proposition III, relating to ineffective assistance of counsel at the withdrawal hearing, Petitioner has not shown a reasonable probability that such deficiencies would have altered the outcome. The court affirms that the plea was knowing, voluntary, and not coerced. The claim about the court’s failure to record considerations for the victim compensation assessment is acknowledged; thus, that part of the assessment is vacated, and the case is remanded for a hearing to address this requirement properly. **Conclusion:** The Petition for a Writ of Certiorari is **DENIED**. The Judgment of the District Court is **AFFIRMED**. The current victim compensation assessments are **VACATED**, and the case is **REMANDED TO THE DISTRICT COURT** to consider all necessary factors for assessment under 22 O.S.2011, § 142.18(A). **OPINION BY**: LUMPKIN, J. **CONCUR**: LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **COUNSEL FOR DEFENSE AT THE PLEA HEARING**: Bill Smith, P.O. Box 926, Norman, OK 73070 **COUNSEL FOR PETITIONER ON APPEAL**: Danny Joseph, Oklahoma City, OK **COUNSEL FOR THE STATE**: Jason M. Hicks, District Attorney, Kara Bacon, Assistant District Attorney, Chickasha, OK. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-1174_1734227971.pdf)

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F-2014-580

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In OCCA case No. F-2014-580, Christopher M. Turner appealed his conviction for Indecent or Lewd Acts with a Child under Sixteen. In an unpublished decision, the court decided to affirm his convictions and sentences but vacate the Victims Compensation Assessment and remand the case for a full hearing to properly consider the required factors related to the assessment. One judge dissented.

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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-2010-223

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In OCCA case No. F-2010-223, Travis Ray Tiger appealed his conviction for two counts of Assault and Battery With a Deadly Weapon. In a published decision, the court decided to affirm the convictions and sentences but vacated the restitution order, ordering the trial court to determine a proper amount of restitution. One judge dissented. Travis Ray Tiger was found guilty in a non-jury trial for attacking two victims with a utility knife, inflicting serious injuries. The trial judge sentenced him to 32 years in prison for each count, with additional fees and a large restitution amount. Tiger argued that he acted in self-defense, but the court found that he was the aggressor and had provoked the fight. The evidence presented showed he used deadly force against unarmed victims, which did not justify his actions. Regarding his sentences, Tiger claimed they were too harsh. However, the court ruled that the sentences were within the law's limits and appropriate for the crimes committed. Tiger also challenged the restitution amount, asserting that the trial court did not follow proper procedures. While some evidence of the victims' medical expenses was presented, the court noted that there were gaps in the financial details regarding compensation received from other sources. Therefore, the court vacated the restitution order for a new determination of the amount owed to the victims. In summary, while Travis Ray Tiger's assault conviction was upheld, the court found issues with the restitution process that needed to be resolved, leading to the order for a new hearing on the restitution amount.

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F-2008-438

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In OCCA case No. F-2008-438, Marcus Laquine Petty appealed his conviction for Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court, but found that a hearing was needed regarding the amount of the Victim's Compensation Assessment. Two members of the court dissented regarding the second count of the conviction.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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