Okla. Stat. tit. 21 § 1431

F-2017-635

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In OCCA case No. F-2017-635, Shaynna Lauren Sims appealed her conviction for several crimes, including knowingly concealing stolen property and first-degree burglary. In an unpublished decision, the court decided to reverse the judgments and sentences against Sims, concluding that the State did not have jurisdiction to prosecute her. The situation involved a victim who was an enrolled member of the Muscogee (Creek) Nation, and the crimes occurred within the Creek Nation's boundaries. Therefore, the case was remanded with instructions to dismiss the charges. One judge dissented, expressing a different opinion about the jurisdiction issues related to the case.

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F-2019-37

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In OCCA case No. F-2019-37, Suggs appealed his conviction for first-degree burglary. In a published decision, the court decided to reverse and remand for a new trial on that count due to an instructional error, while affirming the convictions on the other counts. One judge dissented.

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F-2018-830

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In OCCA case No. F-2018-830, Charles Michael Cooper appealed his conviction for First Degree Murder, First Degree Arson, First Degree Burglary, and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Cooper because he is an enrolled member of the Chickasaw Nation and the crimes occurred within the boundaries of the Chickasaw Nation Reservation. The judgment and sentence were vacated, and the matter was remanded with instructions to dismiss the case. A Judge dissented regarding the conclusion about the Chickasaw Reservation's status.

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F-2019-115

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In OCCA case No. F-2019-115, Beck appealed his conviction for multiple serious crimes, including First Degree Burglary and Assault with a Dangerous Weapon. In a published decision, the court decided that the State of Oklahoma did not have the authority to prosecute him because he is recognized as an Indian and the crimes occurred in what is considered Indian Country. The result was that Beck's convictions were overturned, and the case was sent back with instructions to dismiss the charges. There was a dissenting opinion regarding the application of the law.

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C-2019-815

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In OCCA case No. C-2019-815, the petitioner appealed his conviction for First Degree Burglary, Second Degree Burglary, and Knowingly Concealing Stolen Property. In an unpublished decision, the court decided to vacate the denial of his motion to withdraw his guilty plea and remand the case for a new hearing. One member of the court dissented. The case began when the petitioner, after entering guilty pleas for the charges, expressed a desire to withdraw those pleas. He believed he had not been properly represented by his attorney and filed a letter to withdraw his plea. A hearing was held where the petitioner appeared without his attorney. During this hearing, he claimed that he felt misled regarding the likely outcome of his plea. The petitioner argued that the hearing to withdraw his plea was unlawful because he was not given proper legal representation. He said that he didn’t effectively waive his right to counsel at that hearing and claimed there was a conflict of interest since his attorney had represented him in the original plea. The court found that there was no valid waiver of his right to counsel, meaning he didn’t fully understand the implications of representing himself. The trial court had not thoroughly questioned him about his need for counsel or his rights, leading to confusion about whether he was proceeding with an attorney or alone. The state agreed that the hearing had issues because the petitioner didn’t receive conflict-free representation. Therefore, the court ruled that the previous denial of his motion to withdraw his plea was a mistake and sent the case back for a new hearing where these issues could be properly addressed.

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F-2019-310

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In OCCA case No. F-2019-310, Kedrin Ray Dixon appealed his conviction for first-degree burglary, sexual battery, and possession of a controlled dangerous substance. In a published decision, the court decided to modify the sentence for sexual battery to ten years imprisonment, making it consecutive to the other sentence, and otherwise affirmed the convictions. One judge dissented regarding the modification of the sentence for sexual battery. Dixon was found guilty by a jury on multiple counts after a trial in the District Court of Washington County. The jury sentenced him to twenty years in prison for burglary and sexual battery, and one year for possession of a controlled substance. The trial judge ordered the sentences for burglary and sexual battery to be served back-to-back. Dixon then appealed, raising several points of error, including issues related to jury instructions and evidence. The first issue was about the trial judge not mentioning that he was presumed innocent in the instructions at the start of the trial. The court found this error was not significant since the final instructions did include the presumption of innocence. Next, Dixon claimed that the evidence was not strong enough for the first-degree burglary conviction. The court disagreed, stating that there was enough evidence for a reasonable jury to find him guilty. Dixon also argued that he should have been allowed to present evidence regarding his intoxication at the time of the crime. The court ruled that the trial judge had the right to refuse his request since the evidence did not clearly support intoxication as a defense. Another point of concern for Dixon was what he called evidentiary harpoons, which are when comments are made that suggest knowledge of other crimes. The court found that he did not object to these comments at the trial and they did not seriously affect the verdict. Dixon claimed that he was unfairly prevented from presenting a full defense regarding reports of his previous erratic behaviors. The court decided that these reports were not very relevant to his defense and that excluding them did not significantly harm his case. A notable issue was a mistake in how the jury was informed about the potential punishment for sexual battery. The trial judge incorrectly stated that it could be punished by twenty years, which was incorrect. The State agreed that this was an error. Instead of sending Dixon back for a new trial, the court decided to lower his sentence for sexual battery to ten years because of this error. Dixon stated that his total sentences were too harsh, but after reviewing the circumstances, the court determined that the sentences were acceptable even after the changes made to one of them. Lastly, Dixon argued that there were too many errors in the case that made it unfair for him. The court did acknowledge the instructional error but believed there were no other significant errors affecting the outcome of the trial. In summary, the court modified Dixon's sentence for sexual battery and kept the other parts of his conviction intact. The final decision still upheld his guilty verdicts on all counts.

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F-2018-901

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-901** **NAJEE JAMALL COX, Appellant,** **vs.** **THE STATE OF OKLAHOMA, Appellee.** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant, Najee Jamall Cox, appeals from the acceleration of his deferred judgment and sentencing in Case No. CF-2014-5486 in Oklahoma County, presided over by Judge Ray C. Elliott. On January 30, 2017, Cox entered a guilty plea to Burglary in the First Degree, and his judgment and sentencing were deferred for seven years, with probation conditions effective until January 29, 2024. On March 20, 2018, the State filed an application to accelerate the deferred sentence, citing multiple violations, including new criminal charges and failure to pay court costs. At the hearing on August 14, 2018, Judge Elliott denied Cox's request for a continuance to allow his co-defendant to testify, after which the hearing proceeded with the State's presentation of evidence from probation officers and law enforcement. **FINDINGS:** 1. **Evidence of Possession**: The court found sufficient evidence supporting that Cox had constructive possession of marijuana and related paraphernalia based on the circumstances surrounding the traffic stop and subsequent findings in his vehicle. 2. **Right to Present Testimony**: Cox was given the opportunity to present a defense but failed to secure the presence of his co-defendant through proper procedural channels. His claim of due process violation was denied due to lack of shown prejudice. 3. **Notice of Reimbursement Fee**: Sufficient evidence demonstrated that Cox was aware of his obligation to pay the District Attorney's fees. 4. **Judicial Notice**: The court's reference to Cox's counsel's reputation did not negatively impact his rights, as the violation found was supported by sufficient evidence regardless. 5. **Ineffective Assistance of Counsel**: Cox did not demonstrate that his counsel's performance was deficient enough to have affected the outcome. Based on the analysis of these propositions, the order of acceleration issued by the District Court is **AFFIRMED**. **CONCLUSION**: The mandate will be issued upon the filing of this decision. --- **Representatives:** - **Counsel for Appellant**: Matthew Tate Wise - **Counsel for State**: Kirk Martin, Mike Hunter **Decision by**: LEWIS, Presiding Judge **Concurrences**: KUEHN, V.P.J.; LUMPKIN, J.; HUDSON, J.; ROWLAND, J. [Click here to download the full PDF of the opinion.](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-901_1735118825.pdf)

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F-2018-1188

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In this case summary, Alfonzo Lamonse Vineyard was convicted of multiple charges in the District Court of Tulsa County, including Assault and Battery with a Deadly Weapon, First Degree Burglary, Possession of a Firearm After Former Conviction of a Felony, and several counts of Obstructing an Officer, among others. The jury found Vineyard guilty on all counts except one (Assault and Battery), and the court subsequently sentenced him to life imprisonment on the more serious counts, with concurrent and consecutive terms for other counts. Vineyard's appeal raised five main issues: 1. **Waiver of Right to Counsel**: The court found that Vineyard’s waiver of his right to counsel was voluntary, knowing, and intelligent. He was adequately informed of the risks associated with self-representation. 2. **Right to Confrontation**: Vineyard argued that his right to confront witnesses was violated when the court allowed the reading of the victim's preliminary hearing testimony, as she did not appear at trial. The court found that the state had made sufficient efforts to locate the victim and that her unavailability was justified, thus upholding the admission of her prior testimony. 3. **Sufficiency of Evidence**: Vineyard contended that the evidence was insufficient to support his conviction for Assault and Battery with a Deadly Weapon. The court determined that the evidence was sufficient for a rational trier of fact to find him guilty beyond a reasonable doubt. 4. **Lesser Included Offense Instruction**: Vineyard argued that the trial court erred by failing to instruct the jury on the lesser offense of Pointing a Firearm. While the court acknowledged that the lack of instruction was error, it did not affect the trial's outcome, and therefore did not warrant reversal. 5. **Cumulative Error**: Lastly, Vineyard claimed that the cumulative effect of errors warranted a new trial. The court found no individual errors that affected the trial's fairness, thus rejecting this claim. Ultimately, the Oklahoma Court of Criminal Appeals affirmed the district court's judgment and sentence, concluding that none of the raised issues warranted relief. The decision highlighted the adherence to established legal standards regarding self-representation, confrontation rights, evidentiary sufficiency, jury instructions, and cumulative error analysis. [Download the full opinion here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1188_1734784723.pdf).

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F-2018-481

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In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

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F-2018-446

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In OCCA case No. F-2018-446, Byron Craig Herd appealed his conviction for First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Byron Craig Herd was found guilty by a jury for breaking into someone's home. The court sentenced him to life in prison because he had a history of other convictions. During the trial, Herd's defense claimed that the prosecutor acted unfairly, which made it hard for him to get a fair trial. Herd argued two main points in his appeal. First, he said the prosecutor made the trial unfair by trying to make the jury feel sorry for the victims. The prosecutor did this by asking the jury about their feelings as potential victims of a burglary, which led to emotional comments during the trial. Secondly, Herd believed his life sentence was too harsh. The court looked carefully at the trial and the evidence. They noted that while some of the prosecutor's comments may have been too emotional, the evidence against Herd was very strong. There were recordings of him inside the victims' house, and he was caught shortly after the crime. The court concluded that, despite some mistakes made by the prosecutor, these did not significantly affect the fairness of the trial because the evidence of guilt was overwhelming. They also determined that Herd's sentence was appropriate given his past crimes and the seriousness of his current crime. In the end, the court denied Herd’s appeal, meaning he would stay in prison for life.

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F-2018-221

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In OCCA case No. F-2018-221, Kenneth Merle Hammick, II appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and larceny of an automobile. In a published decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Kenneth Hammick was convicted of serious crimes. The evidence showed that he broke into a house in Claremore, Oklahoma, on May 10, 2015. He threatened the people inside with a gun and stole a car from one of the victims to escape. He later tried to steal another car but took a pistol instead. The police found him hiding in some bushes the next day. During police questioning, Hammick made statements that suggested he was guilty, even though he initially denied doing anything wrong. After a while, he asked to speak to the police again and confessed to the robbery, even showing them where he had hidden the gun. Hammick's first argument was that the court should not have allowed his confession to be used against him because he had already asked for a lawyer. The court decided that since he started talking to the police again, his confession was valid, and he understood what he was doing. Next, Hammick claimed that the way the police identified him was unfair. He said that because he had a neck tattoo, he was easily recognizable in a photo lineup shown to the victims. However, the court found that the victims had a good opportunity to see him during the crime and provided reliable identifications. Lastly, Hammick argued that the court should not have allowed evidence of another crime he committed after the robbery. This was a theft of a gun. The court decided that this evidence was important to provide a complete picture of Hammick's actions and did not unfairly prejudice the jury against him. In the end, the court upheld Hammick's conviction and did not find any reason to change the original decision.

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F-2018-892

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**Court of Criminal Appeals of Oklahoma** **Case Summary:** **Case Name:** David Andrew Sanders, Appellant, v. The State of Oklahoma, Appellee **Case Number:** F-2018-892 **Date Filed:** September 5, 2019 --- **Background:** David Andrew Sanders appeals the acceleration of his deferred sentencing resulting from finding evidence that he committed new offenses while on probation. On April 29, 2016, in **Case No. CF-2012-2326**, Appellant entered no contest pleas to Burglary in the First Degree and Pointing a Firearm at Another. In **Case No. CF-2016-1178**, he entered a guilty plea for Larceny of Merchandise from a Retailer. His sentencing was deferred for ten years (Burglary), five years (Firearm charge), and 30 days (Larceny). All sentences were to run concurrently. On November 28, 2017, the State filed an Application to Accelerate the Deferred Sentence, alleging new offenses. At a hearing on August 21, 2018, the court found sufficient evidence of new offenses: possession of a firearm while on probation, possession of a controlled dangerous substance, and possession of drug paraphernalia. **Facts of the Case:** On May 6, 2017, police found Sanders unconscious in an idling car with a handgun in his lap. During the arrest, officers discovered a glass pipe and methamphetamine in the car's console. Sanders argued that this evidence was the product of an unlawful search. **Legal Findings:** The district court ruled that the exclusionary rule did not apply to the acceleration proceeding, which is not akin to a full trial. The court found no evidence of egregious police misconduct. According to Oklahoma law (Richardson v. State), exclusion of evidence is only warranted in revocation hearings where there has been egregious misconduct. **Conclusion:** The Court of Criminal Appeals affirmed the district court's decision, finding no abuse of discretion. The discovery of the firearm, glass pipe, and methamphetamine did not violate Sanders' rights given the context of the proceedings. **Decision:** The order of the district court accelerating Sanders’ deferred judgment and sentencing is AFFIRMED. --- **Counsel on Appeal:** - For Appellant: Micah Sielert and Andrea Digilo Miller - For Appellee: Tiffany Noble, Mike Hunter, Tessa L. Henry **Opinion by:** Presiding Judge Lewis **Concurrences:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland --- For more details, you may [download the full PDF here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-892_1735120506.pdf).

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F-2018-852

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This document is a summary opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Donald Ray Morrow. The key points of the opinion are as follows: 1. **Case Background**: Donald Ray Morrow was convicted by a jury of first-degree burglary, second-degree burglary, and larceny of an automobile in Custer County. He received a concurrent sentencing of fifteen years for the first-degree burglary, four years for the second-degree burglary, and six years for larceny. 2. **Propositions of Error**: Morrow raised two main arguments on appeal: - **Proposition One**: He claimed the trial court erred by allowing a juror who had a social acquaintance with a prosecution witness to remain on the panel. Upon examination, the juror stated that she could set aside any prior knowledge and decide based solely on the evidence presented. The court found no actual bias or harm and denied the request for a mistrial. - **Proposition Two**: Morrow argued that his sentence did not properly reflect credit for time served. The court agreed that an order was necessary to ensure that the credit for time served is accurately recorded in the judgment. 3. **Decision**: The Court of Criminal Appeals affirmed Morrow's convictions but remanded the case to the trial court with instructions to correct the judgment to reflect that he is to receive credit for time served. 4. **Outcome**: The mandate was ordered to be issued upon the filing of the decision, and all participating judges concurred with the opinion. For those interested in the full legal document, a link to download the complete opinion in PDF format is provided.

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C-2018-225

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**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. C-2018-225** **STATE OF OKLAHOMA** **Petitioner:** STEVEN LEON GRIMMETT **Respondent:** THE STATE OF OKLAHOMA **SUMMARY OPINION DENYING CERTIORARI** **Opinion by: LUMPKIN, JUDGE:** Steven Leon Grimmett (Petitioner) was charged with multiple felony counts and entered a blind plea of no contest. After sentencing, he sought to withdraw his plea, claiming coercion and misunderstandings regarding his sentence. His motion was denied, and he appealed the decision, raising several propositions of error. 1. **Coercion and Voluntariness of Plea**: Petitioner claimed his plea was coerced and involuntary. The court evaluated whether the plea was entered voluntarily and intelligently, emphasizing the importance of confirming that the plea was not the result of force or threats. The court concluded that evidence demonstrated the plea was voluntary. 2. **Advice on Sentencing Requirements**: The Petitioner contended he was not adequately informed about the 85% rule applicable to his sentence or the post-imprisonment supervision requirement. However, since these claims were not raised in his Motion to Withdraw Plea, the appellate court found he waived the right to contest these issues. 3. **Clerical Error Argument**: Petitioner argued there was a clerical error in the judgment regarding the requirement of post-imprisonment supervision. The court did not find this to be an obvious error but remanded the matter to the district court to address the claim. 4. **Effective Assistance of Counsel**: The court assessed his claims of ineffective assistance of both plea and withdrawal counsel using the Strickland test, which evaluates counsel's performance and whether any deficiencies prejudiced the defense. The court determined that Petitioner was sufficiently informed about his plea and that withdrawal counsel's performance did not constitute ineffective assistance. **DECISION**: The court affirmed the denial of the Motion to Withdraw Plea and remanded for the district court to address the clerical error regarding post-imprisonment supervision. **Counsel Information:** - **Counsel for Petitioner at Trial and Appeal**: Shelley Levisay, Kimberly D. Heinze - **Counsel for the State**: Adam Panter, Mike Hunter, David Hammer, Joshua Fanelli **Opinion filed: May 9, 2019** **Mandate ordered upon filing**. For full opinion documents, refer to [the PDF link here](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2018-225_1734103367.pdf).

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F-2017-1270

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In OCCA case No. F-2017-1270, Bryan James Abner appealed his conviction for several offenses. In an unpublished decision, the court decided to affirm the decision to terminate him from drug court and sentence him according to the plea agreement. One judge dissented. Bryan James Abner was involved in multiple criminal cases related to theft, guns, drugs, and burglary. He was given the chance to join a Drug Court program to help him with his drug addiction instead of going straight to prison. However, if he did not follow the rules of the program, he would be sentenced for his crimes. Abner did well in the Drug Court for the first six months, but then he started to have problems. He tested positive for methamphetamine several times, had legal troubles, and missed appointments. The State's attorney asked to terminate him from the Drug Court because of these issues. During the hearing, witnesses testified about Abner's behavior. One officer found drugs on him, and a supervisor explained that Abner had many chances to improve but did not make enough progress. Abner's counselor testified that he had learned from some difficult experiences, including the death of his son, and asked for another chance in the program. The judge decided against Abner, saying that despite what the counselor said, Abner's problems continued. She noted that he had broken the rules of the Drug Court many times and had not responded to the chances he had been given. In summary, the court ruled that Abner needed to be removed from the Drug Court program for not following the rules, and he was sentenced based on his plea agreement. The court found that the evidence supported this decision, and there was no abuse of discretion by the judge.

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C-2017-1050

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**Court of Criminal Appeals of Oklahoma Summary Opinion** **David Neil Dunn v. The State of Oklahoma** **Case No. C-2017-1050** **Filed November 8, 2018** **Summary:** The Oklahoma Court of Criminal Appeals reviewed the case of David Neil Dunn, who sought to withdraw his no contest plea for various serious charges. Dunn appealed on the basis that he was denied his due process right to be present during the evidentiary hearing on his motion to withdraw the plea, and claimed ineffective assistance of counsel. **Key Points:** 1. **Charges and Plea**: Dunn was charged with multiple felonies, including First Degree Robbery and Burglary. He entered a blind plea of no contest, which resulted in significant prison sentences. 2. **Motion to Withdraw Plea**: Dunn filed a motion to withdraw his plea shortly after sentencing, claiming various legal grounds, including concerns about the validity of his plea. An evidentiary hearing was held, but Dunn was not present as he had been transported to the Department of Corrections. 3. **Court's Ruling**: The Court found that Dunn had a due process right to be present during this critical stage of the proceedings. The absence of Dunn hindered a fair and just hearing, particularly concerning his claims about the voluntariness of his plea. 4. **Counsel’s Role**: The court clarified that defense counsel's belief that Dunn's presence was unnecessary does not equate to a valid waiver of his right to be present. The decision emphasized that Dunn's testimony was crucial for effectively contesting the plea's validity. 5. **Outcome**: The Court granted Dunn's petition for certiorari and remanded the case back to the District Court for a proper evidentiary hearing on his motion to withdraw the plea, ensuring he would be present. 6. **Dissenting Opinion**: One judge dissented, arguing that the absence of Dunn did not constitute a violation of his rights, noting that his counsel had effectively represented him at the hearing. It was contended that the procedural complexities of representation should not be interpreted as waivers of due process. **Conclusion**: The Court ruled in favor of Dunn, stressing the importance of a defendant's presence in legal proceedings, particularly when their rights and pleas are being challenged, which underscores the principles of fairness and due process within the judicial system. For a detailed reading, [click here to download the PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/C-2017-1050_1733996496.pdf).

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RE-2016-1049

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In OCCA case No. RE-2016-1049, George appealed his conviction for violating the conditions of his probation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence in one case and reversed the revocations in three other cases with instructions to dismiss. One judge dissented. George had a history of criminal activity, including a guilty plea to second-degree statutory rape. He received a sentence with parts suspended, allowing him to leave prison if he followed probation rules, including not having contact with minors. This became an issue when George was found to be in contact with his biological son, which he claimed was unconstitutional since he was not the victim of his previous crime. During a hearing, evidence showed that George was discovered with a child, and while he later claimed that it was his son, the court found that the state proved he violated his probation by having contact with a minor. The court affirmed the revocation in the case where this violation occurred, stating that a single violation is enough to revoke probation. However, George was also accused of failing to pay court costs in three other cases. The court decided that there wasn’t enough evidence to prove he failed to pay, thus reversing the decision to revoke his probation in those cases. The court instructed the lower court to dismiss those revocations. This decision recognized the importance of proving probation violations with solid evidence, especially regarding financial obligations.

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F-2017-724

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In OCCA case No. F-2017-724, the appellant appealed his conviction for multiple crimes, including assault and battery with a dangerous weapon, burglary, domestic abuse, and violation of a protective order. In a published decision, the court decided to affirm the convictions for most counts but dismissed one count due to double punishment concerns. One judge dissented.

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RE-2018-357

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE NO. RE-2018-357** **JAMES MONROE JONES, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** James Monroe Jones (Appellant) appeals from the revocation of his suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519, adjudicated by the Honorable Timothy R. Henderson, District Judge, in the District Court of Oklahoma County. On June 16, 2010, Appellant pled guilty in Cases CF-2008-7440, CF-2010-130, and CF-2010-290, receiving concurrent sentences with significant portions suspended. Specifically, in CF-2008-7440, he was convicted of two counts of Concealing Stolen Property and sentenced to fifteen years on each count, with the first five years served. Similar sentences were imposed for offenses stemming from the other cases. On May 1, 2015, Appellant entered a negotiated nolo contendere plea in CF-2013-6519 for an amended count of Concealing Stolen Property, resulting in a ten-year sentence with the first year served. On August 26, 2016, the State filed applications to revoke Appellant's suspended sentences due to reported violations, including failure to report, change of address, and new criminal activity related to Domestic Assault and Battery. Enhanced allegations were added on March 7, 2018, encompassing additional crimes attributed to Appellant. A hearing was conducted on April 2, 2018. Appellant's counsel objected to the State's evidence, citing inadequate discovery. The trial court, however, noted Appellant had received relevant documents previously, and dismissed the objections after reviewing the evidence. Judge Henderson ultimately found Appellant had violated his probation through specific new criminal conduct and revoked his suspended sentences in full. Appellant presents two propositions of error on appeal: **PROPOSITION I:** The trial court violated Jones's right to due process and a fair trial under the Fourteenth Amendment and Article II § 7 of the Oklahoma State Constitution. **PROPOSITION II:** Defense counsel failed to prepare adequately for trial, resulting in ineffective assistance of counsel. **ANALYSIS** In addressing Proposition I, Appellant contends that the overruling of his objections regarding discovery violations deprived him of due process. It is established that defendants have minimal due process rights in revocation hearings, including evidence disclosure. However, since Appellant’s counsel did not request discovery prior to the hearing, the burden falls on them for preparation. The trial court did not deny Appellant the opportunity to defend—therefore, Proposition I is denied. Regarding Proposition II, Appellant asserts his counsel's ineffectiveness based on a lack of preparedness stemming from unrequested discovery. The Strickland standard evaluates ineffective assistance claims through performance deficiency and resultant prejudice. Appellant has not substantiated claims that better-prepared counsel would have altered the outcome, as evidence showed several violations were confirmed. Thus, Proposition II is also denied. **DECISION** The order from the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519 is **AFFIRMED**. --- **APPEARANCES:** **AT TRIAL** Katie Samples, Assistant Public Defender Marva A. Banks, Assistant Public Defender **ON APPEAL** David Nichols, Assistant District Attorney Mike Hunter, Attorney General Keeley L. Miller, Assistant Attorney General **OPINION BY:** LUMPKIN, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-357_1734695459.pdf)**

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RE-2016-929

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In OCCA case No. RE 2016-1019, the appellant appealed his conviction for home repair fraud and robbery by force of fear. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but required the district court to modify its orders to reflect that the sentences should run concurrently. One judge dissented. Jerry Lynn Clemons pleaded guilty to home repair fraud and robbery in Muskogee County. He was given suspended sentences, meaning he wouldn't go to jail if he followed certain rules, which included reporting to a probation officer and paying fines. However, the state said Clemons didn't follow these rules by not reporting and changing his address without telling his probation officer. This led to a revocation hearing where the judge decided to enforce his suspended sentences. Clemons argued that he wasn't properly informed about the reasons for revoking his sentence. He also raised concerns about not being given enough evidence of his alleged failures, and about a mistake in the length of his punishment for the misdemeanor charge. Ultimately, some of his arguments were accepted, especially regarding sentencing errors, but the court found enough evidence to support the revocation of his sentence based on his failure to report and violating other conditions. The court directed that the modified orders clarify that the sentences were to be served at the same time instead of one after the other. Clemons also claimed that his lawyer did not help him properly, which might have affected his defense. However, the court concluded that Clemons did not prove this claim sufficiently. In summary, while the court agreed to fix some mistakes in his sentencing, it still upheld the decision to revoke his suspended sentences due to the established violations.

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F-2015-937

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In OCCA case No. F-2015-937, Isaiah Jamil Walker appealed his conviction for first-degree felony murder, robbery, burglary, and possession of a firearm. In an unpublished decision, the court decided to affirm his convictions for first-degree felony murder, robbery, and possession of a firearm, but reversed the burglary conviction with instructions to dismiss. One member dissented. The case involved a jury trial where Walker was convicted of serious crimes after the jury found him guilty of all charges against him. The jury recommended severe penalties, including life imprisonment for the murder charge and additional years for the other charges. Walker raised multiple issues on appeal, claiming that the evidence was not strong enough to support his convictions and that his rights were violated during the trial. The court reviewed each of Walker's arguments carefully. It found that there was enough evidence to support his conviction for felony murder because the facts of the case showed he committed a burglary that led to the murder. They also believed the testimony from witnesses was sufficient to corroborate the co-defendants' accounts of the crimes. However, the court agreed with Walker's argument regarding double jeopardy. Since his felony murder charge was based on the burglary charge, convicting him of both was legally incorrect. Therefore, the burglary conviction was reversed and dismissed. In terms of the other claims Walker made, the court denied them, explaining that the trial was conducted fairly and following legal standards. The court mentioned that for some issues, like failing to instruct the jury on lesser offenses, Walker had not requested those instructions at his trial, so he could not raise that problem on appeal. Overall, the court concluded that most of Walker's convictions were valid and decided to uphold them while correcting the double jeopardy issue by dismissing the burglary charge.

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S-2015-672

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In OCCA Case No. S-2015-672, the appellant appealed his conviction for Attempted First Degree Burglary. In a published decision, the court decided to dismiss the State's appeal and deny the petition for writ of prohibition/mandamus. The dissenting opinion was noted by one member of the court. This case involves Jeremy Scott Niederbuhl, who was charged on December 13, 2013, for trying to break into a home. After attending a barbeque at the homeowner's house, Niederbuhl returned hours later and attempted to enter the home through a door and a window. The homeowner, Mr. Scott, fired shots, hitting Niederbuhl, who then went to the hospital and remained there for two weeks. The legal process began in 2013 when the charges were filed. However, Niederbuhl only found out about the charges in late 2014 when he turned himself in for a different issue. His lawyer argued that there were important text messages between Niederbuhl and the homeowner that could help his case, but the State did not provide this evidence, leading to a significant delay in the trial. On July 17, 2015, the trial court dismissed the case, agreeing that Niederbuhl's rights to a speedy trial and due process were violated due to the State’s lack of action and bad faith. The court believed the State did not follow its obligation to turn over evidence, which was a significant factor in its decision to dismiss the case. The State disagreed with the trial court's dismissal and filed a motion to reconsider the ruling. However, the trial court decided it couldn’t consider this motion because the State already filed an appeal. The State then appealed the dismissal, claiming the trial court made errors in its ruling and that the dismissal did not follow legal procedures. However, the court decided that the State’s appeal was not valid since it did not follow specific laws regarding when the State can appeal a dismissal. In addition to the appeal, the State also filed a petition requesting an order based on their belief that the trial court made mistakes in its rulings. However, the appellate court concluded that the State did not meet the requirements to get an extraordinary writ, which is a special type of order. In summary, the appellate court dismissed the State's appeal and told the case to go back to the District Court for further actions. The petition for the extraordinary writ was also denied, indicating that the appellate court found no legal basis for the State’s claims.

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F-2014-764

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In OCCA case No. F-2014-764, Hawks appealed her conviction for Murder in the First Degree, Burglary in the First Degree, and two counts of Kidnapping. In an unpublished decision, the court decided to reverse and remand Count I, which was the murder conviction, but affirmed Counts II, III, and IV, which were the burglary and kidnapping convictions. One judge dissented on the reversal of the murder conviction. Hawks was accused of being involved in serious crimes, including murder, along with two other co-defendants. After being found guilty by a jury, Hawks was sentenced to a long prison term, with the murder sentence being life imprisonment. Hawks argued that the evidence against her was weak, claiming she didn’t participate in the crimes or know about them beforehand. She believed the jury wasn't given a fair chance to make their decision because the prosecution made mistakes in explaining the law regarding aiding and abetting. Aiding and abetting means that someone helped or supported a crime, even if they weren't the main person committing it. For Hawks to be found guilty, the evidence needed to show she had some knowledge or intent to support the crimes of her co-defendants, which involved planning and executing the murder and kidnappings. However, the court found that there were major issues with how the prosecutors explained the law, which misled the jury. The judges agreed that the jury may not have properly understood the law because the prosecutor repeatedly misstated it, even if the jury was given the correct instructions. As a result, the court agreed to give Hawks a new trial for the murder charge. For the kidnapping and burglary charges, the evidence seemed sufficient to support the jury’s verdict, so those were upheld. In conclusion, while Hawks' murder conviction was reversed for a new trial due to errors in how the law was presented to the jury, her other convictions were confirmed as valid. One judge disagreed with reversing the murder conviction, believing that the verdict was just and the evidence against Hawks clear.

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F-2015-155

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In OCCA case No. F-2015-155, Sauter appealed his conviction for robbery with a firearm and burglary in the first degree. In a published decision, the court decided to reverse the conviction due to insufficient evidence. One judge dissented. Sauter was found guilty by a jury in the District Court of Nowata County and was sentenced to a total of forty-seven years in prison along with fines. The evidence presented during the trial primarily came from two accomplices, Welsh and Fulcher. Sauter argued that since these accomplices’ testimonies were not supported by independent evidence, his convictions should not stand. The court explained that under Oklahoma law, the testimony of an accomplice cannot solely support a conviction unless there is other evidence that connects the defendant to the crime. The court found that while there was evidence linking Sauter’s vehicle to the crimes, there was no evidence that directly implicated Sauter himself. Since the only evidence against Sauter came from the testimonies of Welsh and Fulcher, which lacked corroboration, the court had to reverse the convictions. The dissenting judge felt there was enough independent evidence connecting Sauter to the crimes, particularly the fact that Sauter's car was used and that he had been seen driving it shortly before the home invasion. This judge believed that the jury could conclude Sauter was complicit in the robbery and burglary based on the evidence presented.

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C 2014-920

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In OCCA case No. C 2014-920, John Edward Oxford appealed his conviction for several serious crimes including robbery, burglary, and conspiracy. In a published decision, the court decided to deny his appeal but also ordered a hearing to review the amount of restitution he was ordered to pay. Oxford was charged with multiple counts and, on July 10, 2014, he entered a blind plea, which means he pleaded guilty without negotiating a deal, to all the charges. The court sentenced him to a total of over 70 years in prison and ordered him to pay about $67,539 in restitution to the victims. After his sentencing, Oxford tried to withdraw his guilty plea, claiming he did not understand the charges and was not fully informed about his rights. The trial court held a hearing on this and ultimately denied his request. Oxford then appealed this decision, arguing several points. First, he believed he should not have been sentenced for certain counts because it violated laws against double punishment. However, the court noted that his arguments about double jeopardy were not raised in the earlier stages and thus were not considered. Second, he argued there wasn't enough evidence to support the restitution amount, but again the court found this issue had not been raised before and rejected it. Oxford also claimed he did not receive effective legal help during his plea and the hearing to withdraw it. The court agreed that there were problems with how his attorney handled the restitution order, focusing mainly on the lack of detailed documentation justifying the restitution amount. This lack of evidence meant the restitution order was not valid. While the court found that Oxford's guilty plea was made voluntarily, it did acknowledge inadequate support for the restitution order. Therefore, it denied his appeal regarding the guilty plea but vacated the restitution order, sending the case back to the lower court for a proper review of how much compensation was truly owed to the victims. One judge dissented, noting that the case should have been looked at more closely regarding the earlier claims. So, in summary, the appeal was mainly denied except for the part about restitution, which was sent back to the lower court for further review.

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