In OCCA case No. F-2021-522, Trevor Leif Toppah appealed his conviction for Aggravated Assault and Battery, After Former Conviction of Three Felonies (Count 1), and Conspiracy to Commit Assault and Battery (Count 2). In an unpublished decision, the court decided to affirm the judgment and sentence of the district court but modified the indigent defense fee. One judge dissented regarding the evidence for the conspiracy conviction.
In OCCA case No. F-2019-912, Charles Issac Jacobs appealed his conviction for Aggravated Assault and Battery. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Jacobs was charged in McCurtain County after a jury found him guilty and sentenced him to two years in prison. During his appeal, he raised several points: 1. **Jurisdiction**: Jacobs argued that the State did not have authority to prosecute him because the victim was an Indian, and the crime happened in Indian Country. The trial court found that Jacobs was not an Indian according to legal standards, while the victim was. The court also determined that the crime took place within the boundaries of the Choctaw Reservation, meaning the State had the jurisdiction to proceed with the case. 2. **Self-Defense**: Jacobs claimed that he acted in self-defense when he assaulted the victim. The court noted that self-defense is a legal reason for actions that would typically be considered crimes. However, the court found there was enough evidence to show that Jacobs did not have a reasonable belief that he was in danger when he attacked the victim. 3. **Jury Instructions**: Jacobs requested that the jury be given a specific instruction about standing your ground during the trial. The court stated that whether to give specific jury instructions is up to the trial judge. They found that Jacobs did not meet the legal requirements for this instruction because there wasn’t enough evidence showing he was in a situation where he could lawfully defend himself. 4. **Monetary Fine**: At sentencing, the jury did not impose a fine, but the court record incorrectly showed a fine of $500 was imposed. The State and Jacobs both agreed that this was a mistake. The court instructed that this clerical error should be corrected. The main decision reached by the court was that Jacobs' conviction was upheld. They affirmed that the State had the right to prosecute him, and there was sufficient evidence to support his conviction. However, the court also ordered that the punishment record should be corrected to show that no fine was actually imposed.
In OCCA case No. C 2019 329, Feeling appealed her conviction for Aggravated Assault and Battery and Assaulting a Police Officer. In a published decision, the court decided to deny her appeal and affirm the lower court's decision. One judge dissented. [occa_caption]
In summary, Stephen Charles Swanson, Jr. appealed the revocation of his suspended sentence in the District Court of Ottawa County after he stipulated to allegations of violating the conditions of his probation. The trial court had found that he committed multiple violations, including new criminal charges, failure to report, absconding, and failure to pay fines. The Oklahoma Court of Criminal Appeals upheld the trial court’s decision, affirming that the revocation was not an abuse of discretion. The court noted that the revocation of a suspended sentence is at the discretion of the trial court and will only be reversed if there is a clear error in judgment against the evidence presented. The ruling was affirmed, and the mandate was ordered issued upon filing this decision.
In OCCA case No. F-2015-963, Daniel Bryan Kelley appealed his conviction for Rape by Instrumentation and Assault and Battery. In an unpublished decision, the court decided to affirm the conviction for Assault and Battery but reversed the conviction for Rape by Instrumentation and remanded for resentencing. One judge dissented. Kelley was found guilty by a jury of committing rape and an assault. The crimes occurred in Tulsa County. The jury recommended a sentence of 20 years for the rape and a 90-day sentence for the assault, which would happen at the same time as the longer sentence. Kelley appealed for several reasons. Firstly, Kelley argued that he should have been allowed to present evidence that the victim had previously said the crime happened somewhere else. The court found this request did not violate his rights. The court also ruled that other evidence, including statements from witnesses, was presented correctly according to the law. Kelley further claimed that the detective’s testimony included hearsay and should not have been allowed. The court disagreed, stating that the testimony did not qualify as hearsay because it was not offered to prove the truth of the matter. He also objected to the admission of a Kansas judgment that concerns his past criminal record. The court found that the state failed to prove that this past conviction should be used to increase his sentence as a felony under Oklahoma law, which was a significant factor in the decision to remand for resentencing. Kelley argued that the prosecutor made mistakes during his closing arguments, but the court didn’t find enough errors to affect his right to a fair trial. On the matter of whether Kelley received effective help from his lawyer, the court determined that no deficiencies were present that impacted his case. The final summary was that while Kelley’s conviction for Assault and Battery remained intact, the conviction for Rape by Instrumentation was reversed due to a lack of sufficient evidence regarding his previous crime, leading to a mandate for resentencing.
In OCCA case No. F-2014-931, Jeffrey Tallon appealed his conviction for First Degree Rape by Instrumentation and Aggravated Assault and Battery. In an unpublished decision, the court decided to affirm the convictions but reversed the sentences and ordered resentencing. One judge dissented.
In OCCA case No. RE-2011-138, the appellant, a man named Steven Wayne Robertson, appealed his conviction for several felonies. In a published decision, the court decided to affirm the revocation of his suspended sentences but modified one of his sentences to a lower term of imprisonment. One judge dissented. Robertson had pleaded guilty to serious crimes including aggravated assault and battery, assault with a dangerous weapon, and other offenses. He had been sentenced to fifteen years in prison, but the execution of that sentence was suspended, meaning he wouldn’t serve time if he followed certain rules in a special program. Later, the state stated that Robertson had broken the rules of the program. He had failed several drug tests and had some run-ins with the law. The judge held a hearing to look into these claims. The evidence showed that Robertson was not following the program's rules and was not cooperating with mental health services. When the judge decided to revoke Robertson’s suspended sentence, he explained that he believed that enough evidence supported this decision. The court also looked at whether original sentences were too long. It was decided that, for the aggravated assault and battery charge, the length of the sentence was more than what the law allowed. Ultimately, while the court upheld the decision to revoke Robertson's sentence for breaking the program rules, they changed his original sentence for one of the charges to the correct legal maximum allowed.
In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.
In OCCA case No. F-2012-212, Bryce Andrew Davis appealed his conviction for Aggravated Assault and Battery. In an unpublished decision, the court decided that the District Court abused its discretion in ordering restitution, and they remanded the case for modification of the restitution order. One member of the court dissented. The case began when Bryce Andrew Davis entered a plea to the crime of Aggravated Assault and Battery against a minor at a Walmart store. The minor suffered serious injuries, including a crushed cheekbone and an orbital wall fracture, needing significant medical treatment. After Davis completed a rehabilitation program, a hearing was held to determine the amount of restitution he would have to pay to cover the victim's expenses. The court ordered Davis to pay a total of $30,528.43 in restitution, which was meant to cover the victim's medical expenses, lost wages of his parents due to caring for him, travel costs for doctor visits, and fees for copying records. However, Davis argued that the restitution amount was too high and that the court had exceeded its authority by not limiting the amount to the actual economic loss suffered by the victim. The law states that restitution is only supposed to cover actual financial detriment suffered by the victim, meaning help for their real costs like medical bills that have to be paid out of pocket. Davis pointed out that the amount awarded to the victim included expenses that were not certain, such as lost wages for the victim's father and future medical costs. After reviewing the evidence and the court's decisions, the appellate court found that the trial court did not calculate the restitution correctly. They realized that the court had used the total medical bills before insurance adjustments, which was not allowed. Instead, they should have calculated the actual amount paid by the family, which was much lower. The court modified the restitution order to reflect three times the actual economic damage for medical costs, reducing that portion of the restitution significantly. They also struck down the father's lost wages because there was not enough proof to support the amount claimed. The future medical costs award was also removed because they were too uncertain and speculative. The decision outlined the need for a clear basis for any loss that a victim claims, stating that the evidence must be strong enough to establish real losses. The court upheld other parts of the restitution order, which were justified. In summary, the court found that while the victim suffered injuries and needed help, the original calculations for restitution went beyond what was allowed by law, leading to significant modifications in the amount that Davis would have to pay. They ordered adjustments to ensure that restitution reflected actual, proven losses.
In OCCA case No. C-2009-89, the appellant appealed his conviction for burglary in the first degree and aggravated assault and battery. In a published decision, the court decided to grant Murray a hearing on his motion to withdraw his guilty pleas. One member dissented. William Jackson Murray pled nolo contendere to two serious crimes: burglary in the first degree and aggravated assault and battery. After pleading, he was sentenced to a total of thirty-five years in prison. Murray wanted to take back his pleas, so he filed a request to withdraw them. However, the judge denied his request without holding a hearing first. Murray argued that the trial court made a mistake by not giving him a hearing on his motion. He was right. The court looked at the case and saw that there should have been a hearing to discuss his request. Even though a date for a hearing was set, the judge made a decision before they could actually have the hearing. The court noted that it is important for a person to have a chance to speak about their request to withdraw a plea because it is a significant part of the trial process. Since he did not get this chance, the court decided that Murray deserved a hearing about his motion before any further decisions were made. The decision of the court was to allow Murray to have a hearing on his motion to withdraw his pleas. They sent the case back to the lower court so that the hearing could take place.