F-2004-691
In OCCA case No. F-2004-691, Cleon Christopher Johnson appealed his conviction for multiple crimes including third-degree arson, robbery with a firearm, accessory after the fact to shooting with intent to kill, and possession of a stolen vehicle. In a published decision, the court decided to reverse the conviction for third-degree arson, but affirmed the convictions for the other charges. One judge dissented regarding the reversal of the arson conviction. Johnson was charged with serious crimes in Tulsa County and was found guilty by a jury. They gave him a total of 89 years in prison for his actions. On appeal, Johnson argued that there was not enough evidence for the arson conviction, that the robbery charge was not proven, and that there was misconduct during the trial. The court agreed with Johnson that there wasn't enough evidence to prove he committed arson, as the value of the property burned was not established. They stated that to prove third-degree arson, it's necessary to show the value of the property was at least $50. Since there was no proof of this value, that specific conviction was overturned. However, they found that there was enough evidence to support the robbery conviction. The jury was able to conclude that Johnson played an important role in that crime. On the point of prosecutorial misconduct, the court mentioned that Johnson's attorney did not object at trial, which limited their review. The comments made during the trial were not serious enough to be considered a significant error. So, the final decision was to reverse the third-degree arson conviction and send it back for dismissal, while upholding the other convictions against Johnson. One judge thought that the evidence was strong enough to support the arson conviction and disagreed with the reversal.