Okla. Stat. tit. 21 § 1436

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 In an unpublished decision, the court decided to affirm the conviction.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-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 In an unpublished decision, the court decided to affirm some of Aragon's convictions but reversed others.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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C-2012-686

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In OCCA case No. C-2012-686, Joseph Dewayne Conner appealed his conviction for First Degree Robbery and First Degree Burglary. In a published decision, the court decided to deny his appeal regarding the robbery conviction, but granted it concerning the burglary conviction. The court found that Conner had been misinformed about the possible sentence for burglary, which affected his decision to plead guilty. Although Conner’s actual sentence was within the correct range, the incorrect information he received could have influenced his plea. #n dissented on the decision regarding the robbery conviction.

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C-2010-287

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In OCCA case No. C-2010-287, Juan Carlos Hernandez-Montanez appealed his conviction for multiple crimes including Second Degree Burglary, Kidnapping, and Assault with a Dangerous Weapon. In a published decision, the court decided to modify his ten-year sentence for Second Degree Burglary to seven years but upheld the rest of the convictions and sentencing. One judge dissented regarding the review process. Hernandez-Montanez was initially charged with many serious crimes but agreed to a plea deal that changed the charges. He pleaded guilty to the amended counts and was sentenced to serve a total of time in prison and jail. After a short period, he wanted to take back his guilty plea, claiming it wasn't done correctly. The case was reviewed, and the court looked closely at the reasons Hernandez-Montanez gave for wanting to withdraw his plea. He said his ten-year sentence was too long and that the court did not fully check if he understood his guilty plea. He also claimed he did not get proper help from his attorney during the process. After reviewing everything, the court found that Hernandez-Montanez's arguments did not hold up. They decided that there was a good reason to accept his guilty plea and that he understood what he was doing. The court modified one part of his sentence but left the rest as it was. The judges agreed on most points, but one judge had a different opinion about some legal processes.

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RE 2008-0961

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In OCCA case No. RE 2008-0961, Adrian Smith appealed his conviction for robbery and burglary. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but also ordered that the judgment be corrected to show that he had nine years remaining instead of ten years. One judge dissented. Adrian Smith had pleaded guilty to several crimes, including robbery with a weapon. He got a sentence of ten years for each crime, but all of them were set to run at the same time, which means he would only serve the longest sentence. If he completed a substance abuse program, he would not have to serve the sentences after the first year. After being released, the state asked to take back his suspended sentence because they believed he had not followed the rules. After a court hearing, the judge decided to revoke the suspended sentences completely. Smith then appealed, saying the judge made mistakes. First, Smith claimed the judge was wrong to revoke his sentence for ten years. However, the state agreed that it should state nine years instead. Second, Smith argued that he did not get a fair process because the judge did not write down why his sentence was revoked. The court found that he was given enough information about why this decision was made, so he was not denied due process. Lastly, Smith argued that revoking his full sentences was too much. The court concluded that the judge had the right to make this decision and found no abuse of discretion. In the end, the appeal confirmed that the sentences would stay revoked but corrected the record to show the appropriate time remaining.

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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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F-2001-313

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In OCCA case No. F-01-313, *Steven Wayne Robertson* appealed his conviction for *Attempted Burglary in the First Degree* and *Assault with a Dangerous Weapon*. In an unpublished decision, the court decided to affirm the convictions but modified the sentences to run concurrently. One judge dissented. Robertson was found guilty by a jury for two crimes. He was accused of trying to break into a house (attempted burglary) and attacking someone with a weapon (assault). The jury decided to give him a ten-year prison sentence for each crime, which would usually mean he would spend twenty years in prison, but the court later decided he would serve both sentences at the same time, totaling ten years. Robertson claimed that it was unfair to punish him twice for what he said was one event. However, the court concluded that the two charges were based on different actions and that he could be punished for both. They looked at the evidence, like a witness who saw him with an axe, showing he was dangerous. He also said he should have had the chance to argue that he only caused damage to property instead of trying to break in, but the court found that this was not needed based on the facts of the case. Finally, Robertson thought he did not get a fair trial because of some things the prosecutor said during the trial. The court agreed that there were improper comments but still decided to keep the guilty verdicts and just change the sentences so that he would serve ten years instead of twenty.

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