F-2008-1041
In OCCA case No. F-2008-1041, David Roland Boschee appealed his conviction for robbery with a firearm and related charges. In a published decision, the court decided to affirm most of the convictions but reversed one related to possession of a firearm after a felony. One judge dissented from the decision. Boschee was found guilty after a jury trial for several offenses, including robbery with a firearm. The court sentenced him to a total of 25 years in prison for his serious crimes. Boschee raised several arguments in his appeal regarding the fairness of his trial and the legitimacy of the multiple charges against him. Firstly, he argued that it was unfair to force him to defend against two robbery charges in one trial. The court found no abuse of discretion in joining these cases, meaning they decided it was reasonable to have them heard together. Secondly, Boschee contended that his convictions for both robbery and possessing a firearm with a defaced serial number were against the law because they represented double punishment for the same act. However, the court disagreed, stating these were separate offenses and did not violate any statutes. Thirdly, Boschee argued that he was wrongfully convicted of two counts of possessing a firearm after a felony. The court agreed that there was not enough evidence to support two convictions and decided to dismiss one of these counts. The court also found that his argument about receiving ineffective assistance from his lawyer was without merit, concluding that his rights were not violated in this regard. In summary, the court upheld most of Boschee's convictions but agreed that one count of possession should be dismissed. The judges had different opinions, with one judge dissenting, stating that the joining of the robbery charges may have harmed Boschee’s case.