Okla. Stat. tit. 21 § 644(J)

F-2021-1220

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In OCCA case No. F-2021-1220, Aaron Struble appealed his conviction for Domestic Assault and Battery by Strangulation, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the judgment but remand the case for resentencing to fifty years imprisonment, as originally assessed by the jury. One judge dissented. Struble was found guilty by a jury, which sentenced him to fifty years in prison. However, the trial court changed this sentence to life in prison, stating that the fifty years exceeded the maximum allowed. This was incorrect, as the fifty-year sentence was valid. The court acknowledged that the jury did not exceed the legal limits, and that the trial court’s change to life imprisonment was a mistake. Therefore, the case was sent back for proper sentencing. Struble also claimed that the prosecutor’s questions aimed at making the victim seem more sympathetic affected his right to a fair trial. However, since there were no objections during the trial to these questions, the court only looked for plain error. They determined that no major error had occurred in this matter. In summary, the court upheld the jury's conviction but pointed out the wrongfulness of the life sentence imposed by the trial court, sending the case back for the jury's original sentence to take effect.

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F-2018-358

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In OCCA case No. F-2018-358, Sean Daniel Simmons appealed his conviction for domestic abuse by strangulation. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Sean Daniel Simmons was found guilty by a jury for hurting his girlfriend on three occasions during a long argument at their apartment. The girlfriend's twelve-year-old son was in a nearby room sleeping at the time. The girlfriend testified that he choked her until she lost consciousness three times. Once, when he called 911, he slapped her when she tried to take the phone. After the incidents, she sought medical help and was diagnosed with a throat injury, although there were no visible marks on her throat, and she didn’t suffer any serious long-term effects. Simmons argued in his first claim that the evidence against him was not enough to support the conviction. The court reviewed the evidence and decided that it was reasonable for the jury to find him guilty beyond a reasonable doubt for domestic abuse by strangulation. In his second claim, Simmons believed the trial court should have explained what “great bodily harm” meant to the jury. He wanted a clear definition because he felt the term was too vague. However, the trial court used standard jury instructions that explained the elements of the crime, including how strangulation was defined. Ultimately, the court held that the trial court did not make a mistake when it refused to define “great bodily harm” more specifically. The decision to not elaborate on this term was appropriate, as the standard instructions already provided enough information to the jury for them to make an informed decision. The judgment was affirmed, and the judges agreed that the trial court acted correctly in these matters.

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RE-2018-30

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The case presented involves Marty Wayne Green, who appealed the termination of his participation in the Seminole County Anna McBride Court Program after a series of violations related to his plea agreement and mental health treatment. Here's a summary of the court's findings and rulings: 1. **Background**: Green pleaded guilty to Domestic Assault and Battery by Strangulation and was sentenced to a suspended seven-year prison term. He entered the Anna McBride Court Program as part of his sentence. 2. **Violation Allegations**: The State filed a motion to revoke his suspended sentence, alleging that Green had failed to comply with program requirements, including not attending counseling sessions, testing positive for substances, and committing new offenses. 3. **Hearing Outcome**: After hearing the motion, District Judge George W. Butner terminated Green's participation in the mental health court program based on these violations and sentenced him to the full term of imprisonment. 4. **Propositions on Appeal**: - **Proposition I**: Green argued he should be credited for time served. The court ruled against this, clarifying that since he was not sentenced under the Oklahoma Community Sentencing Act, he had no entitlement to such credit. - **Proposition II**: This proposition did not challenge the validity of the termination order and was deemed improperly before the court. It did not affect the legality of the termination itself. - **Proposition III**: Green contended that the trial court abused its discretion by not seeking lesser sanctions before terminating his participation. The court found that the judge had discretion to terminate the program due to Green's repeated violations and potential danger to himself and others. 5. **Conclusion**: The court affirmed the termination of Green's participation in the Anna McBride Court Program, ruling that the judge acted within his discretion based on the facts presented and the violations of the program. The final decision upheld the termination, emphasizing the importance of compliance with mental health treatment programs and the discretion of judges in such cases. The ruling highlights the responsibility of participants in such programs to adhere to established agreements and the potential consequences of failing to comply.

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F-2018-617

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This document is a summary opinion from the Oklahoma Court of Criminal Appeals regarding the case of Douglas Edward Scott. Scott was convicted of Domestic Assault and Battery by Strangulation and Petit Larceny in a non-jury trial and was sentenced to eight years in prison for the first charge and six months in county jail for the second, with both sentences running concurrently. ### Key Points from the Opinion: 1. **Proposition I - Sufficiency of Evidence**: - Scott challenged the sufficiency of the evidence for his domestic assault conviction. - The court reviewed the evidence favorably toward the prosecution and concluded that a rational trier of fact could have found him guilty beyond a reasonable doubt. - The trial court rejected Scott's claim of innocence, and the court affirmed that there was sufficient evidence to support the conviction. 2. **Proposition II - Sentence Excessiveness**: - Scott argued that his eight-year sentence was excessive. - The court noted that the sentence was within the statutory range and considered the facts of the case. - The court determined that the sentence did not shock its conscience and denied the proposition of excessive sentencing. ### Conclusion: - The court affirmed Scott's judgment and sentence, denying both of his propositions of error. - The mandate for the decision was ordered upon the delivery and filing of the opinion. ### Representations: - The trial representation included Charles Michael Thompson for the appellant and Richard Smothermon as the District Attorney for the State. - The opinion was written by Judge Lumpkin, with all other judges concurring. For more detailed information or legal context, you can download the full PDF of the opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-617_1735229379.pdf).

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C-2016-1000

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In OCCA case No. C-2016-1000, Bryan Keith Fletcher appealed his conviction for multiple charges including kidnapping, assault with a deadly weapon, rape, and child abuse. In an unpublished decision, the court decided to grant part of his appeal regarding one misdemeanor charge while denying all other claims. The court modified the sentence for the misdemeanor related to threatening violence to six months in jail but affirmed the sentences for all other counts, which resulted in a significant time in prison. The petitioner argued several points, including that he did not receive effective legal help, that he was not competent when he entered his plea, and that his plea was not voluntary. However, the court reviewed these claims and found that they did not hold up under scrutiny. The judges opined that the actions taken during the plea process were appropriate and upheld the ruling on the grounds that there was no evidence of ineffective assistance or invalid plea. One judge disagreed with some aspects of the decision.

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F-2015-187

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In OCCA case No. F-2015-187, Steven R. Jennings appealed his conviction for Domestic Assault and Battery by Strangulation and Domestic Assault and Battery Resulting in Great Bodily Injury. In a published decision, the court decided to reverse Jennings’ conviction for Domestic Assault and Battery Resulting in Great Bodily Injury, while affirming the other conviction. One judge dissented. Jennings was found guilty by a jury for two serious crimes against a person in a domestic situation. The jury recommended a punishment of 25 years in prison for each crime, making a total of 50 years. Jennings thought this was unfair and argued several reasons that should change his situation. First, Jennings said both convictions were for one single action, meaning he shouldn't be punished twice for the same act. The court looked closely at whether the injuries were caused by separate actions or not. They decided that Jennings’ actions were connected and not separate incidents. Because of this, the court agreed with Jennings that he should not have been sentenced for both. Next, Jennings argued that the way the trial was conducted was not fair. He wanted the trial to be held in one stage, which would have simplified things. However, the court believed it was appropriate to have two stages so that the jury wouldn’t be overly influenced by his past convictions when deciding if he was guilty of the new charges. Therefore, they didn’t agree with his claim about this issue. Thirdly, Jennings felt that his lawyer did not help him enough, which meant he did not get a fair trial. The court looked at this claim and decided that Jennings did not show how having a different lawyer would have changed the outcome of his case. They found no clear mistakes made by his attorney that harmed his defense. Finally, Jennings felt that a 50-year sentence was too long. Since the court reversed one of his convictions, this concern became less relevant because his total sentence was reduced. In conclusion, the court affirmed one of Jennings’ convictions, it reversed the other, and decided that he should get a new sentence based on the remaining conviction. One judge disagreed and believed there should be a different outcome.

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