Okla. Stat. tit. 21 § 701.8

RE-2021-1290

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In OCCA case No. RE-2021-1290, Vernon Shawn Miller, Jr. appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to affirm the order revoking Miller's suspended sentences but vacated the part of the order that imposed post-imprisonment supervision. One member of the court dissented. Vernon Shawn Miller, Jr. had a serious legal history. He pleaded guilty to multiple charges, including kidnapping and domestic assault, and was given a sentence but had part of it suspended after he completed a special drug program. However, in August 2021, the State filed a motion to revoke his suspended sentence because he broke the rules of his probation, which included failing to complete a required assessment and getting arrested for a new crime. The trial court held a hearing and decided to revoke all of Miller's suspended sentence. Miller argued against this decision, claiming it violated the rules because he should not serve more time than the sentence he was given. The court explained during the hearing that it intended to revoke all of the suspended time left on his sentence. Miller raised several arguments during his appeal. He thought the sentence should not exceed what he had left to serve and believed that the facts used to revoke his sentence came from an earlier trial rather than the hearing itself. Miller also said he did not get good help from his lawyer during the process. The court reviewed Miller's arguments closely. It confirmed that the judge's decision to revoke the entire suspended sentence was valid and within their rights. They found no specific errors in what the trial court did, except for the imposition of post-imprisonment supervision, which should not have been added since it was not part of the original sentence. In the end, the court upheld the revocation of Miller's suspended sentence but removed the part about post-imprisonment supervision, meaning Miller had to serve the time his sentence required without additional conditions.

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S-2022-41

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In OCCA case No. S-2022-41, the State of Oklahoma appealed the conviction of Joshua Kyle Rhynard for unlawful possession of a controlled drug with intent to distribute, possession of a firearm after a felony conviction, possession of a controlled dangerous substance (marijuana), and unlawful possession of drug paraphernalia. In an unpublished decision, the court decided that the appeal was improperly brought and dismissed it. One judge dissented, arguing that the State made a sufficient case for review based on the importance of the evidence that had been suppressed. The dissenting opinion believed that the trial court made an error in suppressing the evidence found during a search because the officers executing the warrant used reasonable belief about the address they were searching.

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F-2020-510

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In OCCA case No. F-2020-510, Dewayne Shomo appealed his conviction for Possession of a Firearm, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse his conviction and remand the case with instructions to dismiss it. One judge dissented. Dewayne Shomo was found guilty during a non-jury trial and sentenced to eighteen months in prison. He argued that the state did not have the right to prosecute him because he is a member of the Choctaw Nation and the alleged crime happened within the Choctaw Reservation. The case's outcome was based on a ruling made in another case, McGirt v. Oklahoma, which established that certain crimes committed by or against Indians within Indian territory must be prosecuted in federal court, not state court. After reviewing his case, the Oklahoma Court of Criminal Appeals agreed that Shomo’s crime was indeed committed within the boundaries of the Choctaw Nation, and he meets the criteria to be regarded as an Indian for jurisdiction purposes. As the state did not have the authority to prosecute him for this crime, his conviction was deemed invalid, and thus, the court instructed the lower court to dismiss the case against him.

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C-2020-668

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In OCCA case No. C-2020-668, Jeffrey Montrell Alexander McClellan appealed his conviction for Trafficking in Illegal Drugs, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse the lower court's order denying McClellan's application to withdraw his guilty plea and remanded the case for a new hearing with conflict-free counsel. One judge dissented. McClellan had entered a guilty plea and was sentenced to twelve years in prison and fined one thousand dollars. Later, he wrote a letter to the court saying he wanted to appeal because he believed he didn’t have proper legal help. The court treated this letter as a request to withdraw his guilty plea, but this request was denied. McClellan’s main argument was that he was not given effective assistance of counsel, especially at the hearing where he wanted to withdraw his plea. He said that the attorney who was supposed to help him at the hearing had represented him during the plea, creating a conflict of interest. The court agreed with him, saying that defendants have a right to a lawyer who can represent their interests without any conflicts. Since McClellan’s attorney did not actively defend him during the hearing and was the same attorney who represented him at the plea, the court found this to be a problem. As a result, the court ordered that McClellan gets a new hearing to discuss withdrawing his guilty plea, but this time with a different attorney who has no conflicting interests.

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F-2018-1268

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In OCCA case No. F-2018-1268, Stewart Wayne Coffman appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss it. One judge dissented. Coffman was found guilty of First Degree Manslaughter, and the judge sentenced him to forty years in prison. He appealed his conviction, claiming that the court did not have the right to try him because the victim, Joe Battiest, Jr., was a member of the Choctaw Nation and the crime took place in Indian Country. The case was affected by a past ruling, McGirt v. Oklahoma, which stated that crimes on certain Native American lands fall under federal jurisdiction. The appellate court ordered a hearing to investigate Coffman's claims about the victim’s status and the crime's location. During this hearing, experts confirmed that Battiest had a majority of Indian blood and was recognized by the Choctaw Nation. The crime took place at a specific address that was within the historical boundaries of the Choctaw Nation. The district court found no evidence that Congress had ever removed those boundaries. After reviewing the evidence, the court decided that Coffman's case should be dismissed because Oklahoma did not have jurisdiction to prosecute him, in line with the earlier McGirt decision. Therefore, the court reversed the judgments and sentences of the lower court, ordering the case dismissed.

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F-2020-54

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In OCCA case No. F-2020-54, Floyd Joseph Ball, Jr. appealed his conviction for kidnapping, assault and battery with a dangerous weapon, aggravated assault and battery, and disrupting an emergency telephone call. In an unpublished decision, the court decided to reverse the convictions and remand the case to the District Court of McClain County with instructions to dismiss the case. Ball's appeal raised several issues, particularly regarding the state's jurisdiction to prosecute him. He argued that he is an Indian under federal law and that the crimes occurred in Indian Country. The court recognized that these issues required more investigation. They sent the case back to the District Court for an evidentiary hearing to clarify whether Ball was indeed an Indian and whether the crimes took place in Indian Country. Both sides later agreed on a stipulation about the facts related to these questions. The District Court found that Ball had enough Indian blood and was recognized as an Indian by his tribe. It also determined that the crime happened on a reservation, meaning the State of Oklahoma had no jurisdiction to prosecute him for these crimes. The court ruled that Ball had proven his status and the location of the crimes, leading to the decision that the state could not prosecute him in this situation. The court decided that because of this finding, it did not need to address other claims raised by Ball and sent the case back to the lower court to dismiss it. Overall, the court recognized that Ball's rights under federal law regarding his Indian status and the location of the crime played a significant role in the outcome of the appeal.

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F-2017-1279

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In OCCA case No. F-2017-1279, Dakota James Alleyn Shriver appealed his conviction for Second Degree Murder, Accessory After the Fact, and misdemeanor Obstructing an Officer. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. One judge dissented. Dakota Shriver was found guilty by a jury and sentenced to serve time for various charges. Shriver argued that he should not have been tried in state court because he is a citizen of the Cherokee Nation and the crime happened on land that is considered Indian Country. This argument was based on a previous case, McGirt v. Oklahoma, which changed how some crimes are viewed depending on whether they happen on Native American land. The court decided to look into these claims further and sent the case back to the lower court to gather more information. The lower court held a hearing to determine if Shriver was indeed an Indian and if the crime occurred on a reservation. After the hearing, the lower court found Shriver was a member of the Cherokee Nation and that the crime did happen within the boundaries set for the reservation. The evidence showed that Shriver had a certain amount of Cherokee blood and was a recognized member of the Cherokee Nation at the time of the crime. The court found that the United States Congress had established a reservation for the Cherokee Nation, and no evidence existed to prove that Congress had removed those boundaries. Both parties were allowed to respond to the findings from the lower court. Shriver's team argued that the court should agree with the lower court's findings because they were backed by the evidence presented. The state agreed with these findings but asked for time to look at the case again in terms of whether they could charge Shriver under different laws. After considering everything, the court agreed with the findings of the lower court and decided that the state did not have the right to prosecute Shriver. Therefore, they overturned the convictions and told the lower court to dismiss the case.

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F-2020-208

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In OCCA case No. F-2020-208, Ryan Cortland Johnson appealed his conviction for Murder in the First Degree. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. Ryan was found guilty of murder and sentenced to life in prison, meaning he would have to serve 85% of his sentence before being eligible for parole. He argued that the state court did not have the right to try him based on a Supreme Court decision from 2020 called McGirt v. Oklahoma. In this case, it was determined that certain crimes committed by members of federally recognized tribes on tribal land could not be prosecuted in state courts. Ryan Johnson claimed he was a member of the Chickasaw Nation and that the murder happened on Creek Nation tribal land, which is considered a reservation. The court allowed him to challenge its jurisdiction. The case was sent back to the district court for an evidentiary hearing, but the parties involved agreed on certain facts, which meant a hearing was not necessary. They confirmed that Ryan is a member of the Chickasaw Nation and that the crime took place on land owned by the Creek Nation. After reviewing the facts, the district court found that Ryan is indeed an Indian under federal law and that the crime took place in the Creek Nation boundaries. Therefore, the state court did not have the authority to charge him with murder based on the findings in the McGirt case. Because of this ruling, the court granted Ryan's appeal, decided the state court had no jurisdiction, and instructed that the case be dismissed.

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F-2018-78

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In OCCA case No. F-2018-78, Jordan Batice Mitchell appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. This means that the court could not judge this case because it involved issues concerning his status as an Indian and the location of the crime being within the Muscogee Creek Reservation. The finding was based on a previous case, McGirt v. Oklahoma, which affected how certain crimes involving Native Americans are prosecuted. Consequently, the court vacated Mitchell's sentence and remanded the case with instructions to dismiss it. There was a dissenting opinion regarding the decision, as one judge expressed concerns about the implications of the ruling.

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F-2019-588

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In OCCA case No. F-2019-588, Ricky Eugene Spencer appealed his conviction for two counts of Shooting with Intent to Kill. In an unpublished decision, the court decided to vacate the judgment and sentence and remand the case for a new trial. One judge dissented. Ricky Eugene Spencer was found guilty of shooting at two people, which led to his conviction. The trial took place in Muskogee County, where the jury decided on a twenty-year sentence for each count. However, the judge allowed for some of that time to be suspended and had conditions for probation. During his appeal, Spencer raised several issues, but one stood out: the jury was given the wrong instructions about transferred intent. This is a legal concept that says if someone means to hurt one person but accidentally hurts someone else, the intent to harm can still apply to the actual victim. The court found there was indeed an error in how the jury was instructed. Spencer did not challenge the instruction during the trial, so the court reviewed the mistake under plain error, meaning it was an obvious error that affected the fairness of the trial. The judge explained that the jury was incorrectly told they could find Spencer guilty of intent to kill based on a lesser intention to injure or scare someone else. This meant they could convict him without the proof needed for a serious crime like shooting with intent to kill. The prosecution argued that Spencer aimed to kill one person and mistakenly shot two bystanders. However, the trial's instructions could have allowed the jury to convict him based on weaker proof than required. During discussions, the jury showed they weren't completely convinced, asking questions that suggested they were unsure. The prosecutor's arguments during the trial also emphasized the wrong aspects of the law, pushing the jury toward an improper conclusion. Overall, the court could not be sure that the jury understood what they needed to prove. Therefore, they ruled that the error affected Spencer's rights significantly, requiring a new trial to ensure fairness. The decision means that Spencer would get another chance to defend himself in court, as the guidelines for convicting him were not properly explained the first time.

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S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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RE-2019-619

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In OCCA case No. RE-2019-619, the appellant appealed his conviction for endangering others while trying to avoid the police and possession of a stolen vehicle. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but ordered the district court to give him credit for four days he had already served in jail. One judge dissented from this decision.

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RE-2019-19

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In OCCA case No. RE-2019-19, Daniel Lee Hart appealed his conviction for revocation of a suspended sentence. In an unpublished decision, the court decided that revoking his suspended sentence without him being present was a violation of his right to due process, and therefore, the revocation was reversed. One judge dissented. Daniel Lee Hart originally pleaded guilty in 2009 to trying to manufacture a controlled substance. He was given a 20-year sentence, with 12 years of that being suspended, meaning he didn't have to serve that part of the time as long as he followed certain rules. One of those rules was that he had to stay clean from drugs and check in regularly with his probation officer. In 2017, the state said that Hart had broken the rules. They said he had used drugs, didn’t show up for meetings with his probation officer in both Oklahoma and Kansas, didn’t register as a drug offender in Kansas, didn’t pay fees for his probation, and hadn’t completed his GED as he was supposed to. Hart later agreed to these claims but was able to be released for drug treatment for a few months before being sentenced. When the time came for his sentencing, Hart did not show up. Because he was absent, the court revoked the suspended part of his sentence completely. This meant he would have to serve the full 20 years instead of just the 8 years that he had left to serve. Hart appealed this decision, saying it was unfair for the court to make such a serious decision without him being there. The court looked at whether Hart's absence affected his right to defend himself. They said that everyone has the right to be present when decisions are made about their punishment. The court noted that Hart had not willingly chosen to skip the sentencing and that his absence could have greatly impacted the outcome. Because of these reasons, the court said Hart deserved a new hearing where he could be present to possibly explain why he wasn’t there and defend himself more fully. The final decision was to send the case back for another hearing. They wanted to make sure Hart had a fair chance to be present when the consequences of his actions were discussed again. In summary, because Hart was missing during a very important hearing, the court agreed that this was a mistake. They reversed the earlier decision and ordered a new hearing where he could be present.

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F-2018-308

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In OCCA case No. F-2018-308, Deondrea Deshawn Thompson appealed his conviction for multiple counts related to robbery and possession of a firearm. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Thompson was found guilty by a jury for several crimes, including robbery with a firearm, attempted robbery, and being a felon in possession of a firearm. He was sentenced to a total of thirty-five years for the robbery counts and seven years for the other counts, with the sentences to run consecutively. Thompson raised multiple issues on appeal, including claims that he did not receive a fair trial because crucial evidence was kept from him, racial discrimination occurred during jury selection, and that the trial court made several errors in admitting evidence. The court addressed these issues one by one. It found that the trial court did not err in keeping the name of a confidential informant from Thompson since it was not shown to be necessary for his defense. The court also found that the State's reasons for excluding certain jurors were race-neutral and did not indicate discriminatory intent. Regarding the trial court's questioning of jurors, the court concluded that it did not improperly influence the jury. As for evidence related to cell phone records collected without a warrant, the court determined that the police acted in good faith based on laws that existed at the time. Thompson argued that other testimony during the trial unfairly presented him as having committed other bad acts, but the court found no abuse of discretion in how the trial was handled. The court also concluded that the trial court's decision not to give certain jury instructions on eyewitness identification was within its discretion since the identification was firm enough in this case. Thompson's claim about having multiple cases tried together was also rejected, as the court noted that the robberies were similar in nature and occurred close together in time. Finally, the court ruled that his separate firearm possession conviction did not violate double jeopardy laws. In summary, the court affirmed Thompson's conviction, saying that none of the claimed errors were significant enough to harm his case.

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RE-2018-1287

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Here is a summary of the Court of Criminal Appeals decision regarding Darryn Lamar Chandler, Jr.: **Case Summary:** - Appellant: Darryn Lamar Chandler, Jr. - Appellee: The State of Oklahoma - Case Numbers: CF-2015-2683 and CF-2016-534 - Date of Decision: February 6, 2020 - Judge: Honorable Glenn Jones **Background:** - Chandler was previously convicted in two separate cases involving serious crimes: 1. Case No. CF-2015-2683: Guilt for possession of a controlled substance with intent to distribute, possession of an offensive weapon during a felony, and possession of an imitation controlled substance. 2. Case No. CF-2016-534: Guilt for robbery with a firearm and conspiracy to commit robbery with a firearm. - Sentences: In both cases, he received suspended sentences with the first year of incarceration. **Allegations of Violation:** - On September 21, 2018, the State filed to revoke Chandler’s suspended sentences due to new charges related to his involvement in a violent robbery while on probation. **Revocation Hearing:** - The hearing began on November 27, 2018, where evidence was presented by the State indicating Chandler's direct involvement in the robbery of a loan business, during which he threatened employees with a firearm. - Chandler did not present any evidence in his defense. - The judge found Chandler in violation of probation, leading to the revocation of his suspended sentences. **Sentencing Hearing:** - A presentence investigation report was requested and filed before the sentencing hearing, which took place on December 20, 2018. - The State argued for full revocation based on the violent nature of the robbery, while Chandler's counsel argued for a more lenient approach citing Chandler's background and potential for rehabilitation. **Court's Decision:** - The Court upheld the trial court's decision to revoke the suspended sentences in full, emphasizing that Chandler committed a violent crime in direct violation of the conditions of his probation, which warranted no abuse of judicial discretion. **Conclusion:** - The Court affirmed the revocation of Chandler's suspended sentences, noting the trial court’s discretion in making its determination based on the evidence of Chandler’s actions while on probation. **Final Note**: For more detailed information, there is a downloadable PDF available [here](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-1287_1734352969.pdf).

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J-2019-618

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**State of Oklahoma Court of Criminal Appeals Summary Opinion** **Case Title:** M.C.T. v. The State of Oklahoma **Case Number:** J-2019-618 **Filed:** February 6, 2020 **Judges:** Kuehn, Vice Presiding Judge; Lewis, Presiding Judge (specially concurring); Lumpkin, J.; Hudson, J.; Rowland, J. **Background:** M.C.T. appeals the certification decision by Special Judge Scott Brockman in Cleveland County District Court Case No. CF-2019-470, where M.C.T. was certified for trial as an adult for crimes including Assault and Battery with a Deadly Weapon and Unlawful Use of a Computer. The case was expedited under the Accelerated Docket of the Court. **Legal Issues:** The core issue revolves around statutory interpretation regarding the certification of juveniles as adults under Oklahoma law, specifically focusing on 10A O.S.2018 § 2-5-204(H)(1). **Findings:** 1. **Statutory Interpretation:** The Court reviewed the statute, noting that once adjudicated as an adult, a youthful offender retains that status in subsequent criminal proceedings, as mandated by the law. M.C.T.'s prior stipulation to adult status in Oklahoma County was sufficient to affirm his status as an adult in Cleveland County. 2. **Precedent:** M.C.T. relied on D.J.B. v. Pritchett, but the Court distinguished this case based on its unique circumstances, emphasizing that M.C.T. had already been adjudicated as an adult prior to the Cleveland County proceeding. 3. **Judicial Efficiency:** Holding a certification hearing in Cleveland County after a prior adult conviction would be considered a waste of judicial resources, reinforcing the decision to affirm the district court's certification of M.C.T. as an adult. **Conclusion:** The Court affirmed the decision of the Cleveland County District Court to certify M.C.T. as an adult, highlighting that the statutory provisions were effectively applied in this case and that his prior plea as an adult eliminated the necessity for further certification hearings. **Decision:** The certification is AFFIRMED. The mandate is to be issued upon filing this decision. **Counsel:** - **For Appellant:** M. Karla Tankut, Jasmine Johnson (Indigent Defense System) - **For Appellee:** Kristi Johnson, Suanne Carlson (Assistant District Attorneys) **Special Concurrence:** Judge Lewis acknowledged the detailed writing of the opinion and expressed concern regarding the trial counsel's understanding of the consequences of simultaneous cases in different counties. Though counsel's actions were questionable, they did not alter the outcome, given M.C.T.'s unsuitability for youthful offender status. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-618_1734430249.pdf)

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F-2018-1072

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The document is a summary opinion issued by the Court of Criminal Appeals of Oklahoma in the case of D'Angelo Keiyawn Threatt. The appellant, Threatt, was convicted of being a felon in possession of a firearm and sentenced to eight years in prison. The opinion addresses three propositions of error raised by Threatt on appeal: 1. **Admission of Prior Felony Conviction**: Threatt contended that the trial court abused its discretion by allowing the State to name his specific prior felony conviction (forcible oral sodomy) despite his offer to stipulate that he had a felony conviction. He cited the case Old Chief v. United States to support his argument. The Court ruled that Threatt did not preserve this issue adequately for appeal due to the timing and nature of his objections and ultimately found that there was no plain error affecting his substantial rights. 2. **Prosecutorial Misconduct**: Threatt claimed that the prosecutor's closing argument included highly prejudicial statements that unfairly influenced the jury. The Court examined the statements and determined they were reasonable comments based on the evidence presented at trial. Thus, they did not constitute prosecutorial misconduct that would warrant relief. 3. **Cumulative Effect of Errors**: Threatt argued that the combined effect of the alleged errors warranted a new trial. The Court disagreed, noting that the individual errors did not affect the overall outcome of the trial and therefore did not justify relief. In conclusion, the Court affirmed the judgment and sentence imposed by the District Court of Oklahoma County, finding no reversible error in the trial proceedings. The opinion underscores the importance of proper procedural objections and the evaluation of trial conduct in the context of the entire trial. For more detailed information, a PDF of the full opinion can be downloaded from the provided link.

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F-2018-888

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This document is a summary opinion from the Court of Criminal Appeals of Oklahoma regarding the appeal of Justin William Dunlap, who was convicted of First Degree Rape by Instrumentation of a Victim under the Age of Fourteen and sentenced to ten years in prison. Dunlap raised multiple propositions of error in his appeal, including claims of insufficient waiver of a jury trial, challenges to the credibility of the victim's testimony, allegations of prosecutorial misconduct, excessive sentencing, and inadequate defense representation, among others. The court considered each proposition in detail: 1. **Waiver of Jury Trial**: The court found that Dunlap's waiver was knowing and voluntary, supported by a written waiver signed by all necessary parties. 2. **Sufficiency of Evidence**: The court analyzed the testimony of the victim (D.H.) and found it sufficient to support the conviction, affirming that the evidence met the necessary legal standard. 3. **Prosecutorial Misconduct**: The court concluded there was no misconduct that affected the trial's fairness, finding that the prosecutor's comments did not misstate the evidence or improperly comment on Dunlap's failure to testify. 4. **Excessive Sentencing**: The court determined that the sentence was within statutory guidelines and did not shock the conscience given the serious nature of the crime. 5. **Right to Present a Defense**: The court upheld the trial court's decision to exclude certain evidence, finding no abuse of discretion in limiting what could be presented as a defense. 6. **Speedy Trial**: The court found no violation of Dunlap's right to a speedy trial, noting delays were justified and not solely attributable to the prosecution. 7. **Competency Evaluation**: The court ruled that since Dunlap did not request an evaluation and provided no evidence to support his claims, this argument was unmeritorious. 8. **Conflict of Interest**: The argument regarding conflicting interests between attorneys was found to lack merit as Dunlap did not demonstrate how this negatively impacted his defense. 9. **Ineffective Assistance of Counsel**: The court scrutinized claims of ineffective assistance, applying the Strickland standard, and found that Dunlap did not demonstrate that any alleged deficiencies affected the trial's outcome. 10. **Cumulative Error**: The court dismissed this claim as there were no individual errors that would warrant a new trial. The court affirmed the judgment and sentence, upholding the findings of the lower court and denying Dunlap's requested evidentiary hearing related to ineffective assistance of counsel. Additionally, a concurring opinion emphasized the handling of extra-record materials submitted by Dunlap, noting the importance of adhering to established procedural rules and advocating for more careful consideration of supplementary materials going forward. In summary, the appeal was denied, and the conviction stands as affirmed by the Court of Criminal Appeals of Oklahoma.

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F-2018-113

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In OCCA case No. F-2018-113, the appellant appealed her conviction for multiple counts of child neglect and enabling child sexual abuse. In an unpublished decision, the court decided to affirm the convictions and the sentences imposed. One judge dissented. The case involved Brenda Marie Huff, who was convicted by a jury of four counts of child neglect and one count of enabling child sexual abuse. The jury sentenced her to 25 years in prison for each count, which would be served at the same time. Brenda and her husband, co-defendant Andrew Huff, were accused of allowing their children to live in very poor conditions. Evidence showed the home was filthy, lacking running water, and filled with animal waste and sexual materials. The children were also exposed to troubling behavior, including sexual messages sent by Andrew to a young girl. Brenda was aware of this behavior but did not act to protect the child. Brenda raised several arguments in her appeal, including claims that the evidence against her was not enough to support the convictions, that there were problems with jury instructions, and that her sentence was too harsh. However, the court found that the evidence presented was sufficient for the jury to conclude that she was guilty beyond a reasonable doubt. The court also noted that there were no errors in how the jury was instructed, and that the severity of her sentence was justified given the circumstances. The court upheld the jury's decision, concluding that Brenda had neglected the children and enabled her husband to harm them. Ultimately, the court affirmed the judgment and sentence, meaning Brenda would serve her time in prison as decided by the jury.

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RE-2019-42

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In OCCA case No. CF-2012-206, the appellant appealed his conviction for violating the terms of his suspended sentence. In a published decision, the court affirmed the revocation of his suspended sentence. The appellant failed to pay restitution and supervision fees, and he was found guilty of a new crime, Domestic Assault and Battery by Strangulation. The trial court did not abuse its discretion in revoking the sentence based on these violations. One judge dissented, arguing that the appellant’s failure to pay was not willful and should have been considered.

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F-2018-1186

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DOMINICK JAVON SMITH, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** **Case No. F-2018-1186** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA JAN 30 2020** --- **SUMMARY OPINION** **JOHN D. HADDEN CLERK** **LUMPKIN, JUDGE:** Appellant, Dominick Javon Smith, was tried by jury and convicted of Child Neglect, After Former Conviction of a Felony, in violation of 21 O.S.Supp.2014, § 843.5(C), in the District Court of Tulsa County Case Number CF-2017-1887. The jury recommended punishment of forty years imprisonment and payment of a $5,000.00 fine. The trial court sentenced Appellant accordingly; she will serve 85% of her sentence before becoming eligible for parole consideration. From this judgment and sentence, Appellant appeals, raising three propositions of error: **I.** The trial court erred in permitting the State to cross-examine Dominick Smith in the punishment stage on matters not relevant to her alleged prior felony conviction. **II.** Prosecutorial misconduct deprived Appellant of a fair trial. **III.** Appellant was deprived of effective assistance of counsel. After thorough consideration of the record, including the original documents and briefs, we find that under the law and evidence, Appellant is not entitled to relief. In her first proposition, Appellant claims that the trial court improperly allowed the prosecutor to question her about matters irrelevant to her prior felony conviction. While defense counsel objected multiple times, only two objections referenced relevance. Therefore, the remainder is assessed under plain error review. Under the Simpson test, we assess actual error that is plain or obvious and that affects substantial rights. The trial court's limitations on cross-examination are generally reviewed for abuse of discretion. During the punishment phase, Appellant testified on direct that she had a prior felony conviction for child abuse. On cross-examination, the prosecutor questioned Appellant about conflicting statements made to police, thereby attempting to impeach her credibility. Given that Appellant opened the door to her prior conviction and explanation, there was no error in allowing such cross-examination. Proposition I is denied. In Proposition II, Appellant contends prosecutorial misconduct occurred during closing arguments when the prosecutor suggested that Santa Claus may have caused the victim's injuries and discussed how Appellant's actions deprived K.O. of life experiences. As Appellant failed to object, we review these claims for plain error. The prosecutor's remarks were within acceptable boundaries as they focused on the evidence and reasonable inferences. Appellant's claim that the argument improperly sought sympathy for K.O. does not render it improper. The remarks about the consequences of Appellant's actions are relevant and permissible. Thus, Proposition II is denied. Lastly, in Proposition III, Appellant claims ineffective assistance of counsel for failing to object to the prosecutor's cross-examination and closing argument. Under the Strickland test, the claims of ineffectiveness can be dismissed due to lack of demonstrated error in the prosecutor’s conduct. Since neither allegation resulted in plain error, the claim of ineffective assistance fails. Thus, Proposition III is denied. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. Pursuant to Rule 3.15, the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- *Counsel for Appellant: Richard Koller, Richard Couch, Rebecca Newman* *Counsel for the State: Mike Hunter, Andrea Brown, Keeley L. Miller* **OPINION BY: LUMPKIN, J.** LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur [Download Opinion PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1186_1734785732.pdf)

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RE-2018-932

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ANTHONY CURTIS CREEK,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. RE-2018-932** **SUMMARY OPINION** **Filed January 23, 2020** ROWLAND, JUDGE: Anthony Curtis Creek, Appellant, entered a guilty plea on March 16, 2015, in Garfield County District Court Case No. CF-2013-393, to Count 1 - Possession of a Controlled Dangerous Substance, a misdemeanor, and Count 2 - Unlawful Possession of Drug Paraphernalia, a misdemeanor. He received a sentence of one year in the County Jail on Count 1, with 90 days to be served and the remainder suspended; Count 2 was sentenced to one year suspended, with penalties running consecutively. He was also fined $500.00. On January 20, 2017, the State applied for the revocation of Appellant's suspended sentence on Count 2, alleging violations: (1) possession or consumption of alcohol; (2) DUI-A, a misdemeanor; and (3) Defective Equipment, a misdemeanor, in Oklahoma County Case No. CM-2016-2776. During the revocation hearing on June 2, 2017, Appellant admitted to the first allegation. The trial judge, Honorable Dennis Hladik, determined that the State proved the other allegations and revoked six months of Appellant's suspended sentence. Appellant appeals this decision, raising several propositions of error: 1. **Abuse of Discretion:** The trial court allegedly utilized a strict liability standard, resulting in a cruel and excessive sentence. 2. **Prosecutorial Misconduct:** Claiming that Appellant was deprived of a fundamentally fair proceeding due to misconduct. 3. **Plain Error:** The trial court's finding on the State's evidence and the standard of proof was erroneous. 4. **Equal Protection Violation:** Appellant asserts he was denied equal protection under the law. 5. **Cumulative Error:** The accumulation of errors deprived Appellant of due process. Upon review, the Court affirms the District Court's order revoking six months of Appellant's suspended sentence. 1. The decision to revoke a suspended sentence is within the substantial discretion of the trial court and will not be disturbed absent a clear abuse of discretion. The evidence supported Judge Hladik’s decision to revoke only part of the sentence after considering a stipulation and witness testimonies. 2. The Court agrees with Appellant's counsel that prosecutorial misconduct is more appropriate for post-conviction matters. The record does not support claims of misleading behavior by the prosecutors. 3. The standard of proof for such violations is a preponderance of the evidence, adequately satisfied in Appellant's case. Revocation is valid with any proven violation. 4. The trial court's exclusion of evidence does not equate to an equal protection violation. The ruling was consistent and reasonable. 5. As there were no individual errors identified, the argument for cumulative error also fails. **DECISION** The revocation of Appellant's suspended sentence in Garfield County District Court Case No. CF-2013-393 is **AFFIRMED**. The mandate is ordered to be issued upon the filing of this decision. **APPEARANCES ON APPEAL:** **David J. Batton** Counsel for Defendant **Tallena Hart** Carter Jennings Assistant District Attorney Counsel for the State **OPINION BY: ROWLAND, J:** **LEWIS, P.J.: Concur** **KUEHN, V.P.J.: Concur** **LUMPKIN, J: Concur** **HUDSON, J.: Concur** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-932_1734358983.pdf)

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C-2018-1018

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**Summary Opinion Denying Certiorari** **Case:** Spencer Joe Cuccaro v. State **Judging Authority:** Judge Hudson **Background:** Spencer Joe Cuccaro appealed from a ruling by the District Court of Kay County, where Judge David Bandy denied his application to withdraw pleas entered in three criminal cases. Cuccaro had participated in the Kay County Drug Court program and entered no contest pleas in various counts related to drug possession and other offenses, with a plea agreement tied to his performance in Drug Court. Cuccaro was allegedly coerced into his plea by a law enforcement officer and claimed to be unaware of the severe penalties he would face if he was unsuccessful in completing the Drug Court program. After being terminated from Drug Court for failing to meet its requirements and committing new crimes, Cuccaro received significant prison sentences. **Propositions of Error:** 1. Cuccaro argued that his no contest pleas were entered due to coercion and therefore were not knowing or voluntary. 2. He claimed he did not fully understand the severe consequences of failing the Drug Court program. **Court Findings:** - The Court reviews denials of motions to withdraw guilty pleas for abuse of discretion, primarily assessing if pleas were made knowingly and voluntarily. - Cuccaro's challenge regarding coercion lacked evidence, and testimony at the hearing supported the conclusion that his plea was made with an understanding of the consequences. - Regarding the claim about the punishment understanding, the court noted that fully detailed documentation outlined the potential life sentence in the event of failure in Drug Court, which Cuccaro was aware of before entering his plea. **Conclusion:** The court denied Cuccaro’s petition for a writ of certiorari, affirmed the lower court's judgment, and ruled that there was no abuse of discretion in denying the plea withdrawal. The case exemplifies the requirement for defendants to understand the implications of their plea agreements and the importance of voluntary and informed consent in legal proceedings.

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F-2019-54

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In the case of Anthony Phillip Miller, Jr. v. The State of Oklahoma (Case No. F-2019-54), the Oklahoma Court of Criminal Appeals affirmed Miller's conviction and sentence for child sexual abuse. The trial, held in the District Court of Tulsa County, resulted in a jury finding Miller guilty and sentencing him to twenty-five years imprisonment, with an additional ten years of post-imprisonment supervision. Miller raised several issues on appeal: 1. **Prosecutorial Misconduct**: Miller argued that the prosecutor's comments during closing arguments deprived him of a fair trial. He claimed that these comments undermined his constitutional rights, including his right to a jury trial and his right to remain silent. Although the Court acknowledged that some comments were improper, they ruled that the overall evidence against Miller, which included a confession, rendered any prosecutorial error harmless. 2. **Ineffective Assistance of Counsel**: Miller contended he was denied effective legal representation because defense counsel indicated in opening statements that he would testify but ultimately did not. However, the Court found that this was a strategic decision made after consulting with Miller and did not demonstrate ineffective assistance. 3. **Cumulative Error**: Miller claimed that, although no single error warranted reversal, the cumulative effect of errors did. The Court found that there were no combined errors affecting the trial's outcome. Ultimately, the Court upheld Miller's conviction, stating that the errors did not undermine the integrity of the trial, and affirmed the sentence imposed by the District Court. The mandate was ordered to be issued following the decision.

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F-2018-900

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ANGEL MUNOZ,** **Appellant,** **-VS-** **THE STATE OF OKLAHOMA,** **Appellee.** **No. F-2018-900** **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **JAN - 9 2020** **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** Appellant, Angel Munoz, appeals from the acceleration of his deferred judgment and sentencing in Case No. CF-2016-701 in the District Court of Oklahoma County, by the Honorable Glenn M. Jones, District Judge. On March 7, 2018, Appellant entered a plea of guilty to Count 1: Assault and Battery With a Dangerous Weapon, with sentencing deferred for a period of five years under probation conditions until March 6, 2023. On June 26, 2018, the State filed an application to accelerate Appellant's deferred judgment and sentencing, alleging he violated probation by committing the new crime of Possession of a Firearm after a prior felony conviction, as charged in Oklahoma County District Court Case No. CF-2018-2625. An amended application was filed on August 21, 2018. At the hearing on this application, the State called Appellant's probation officer, Tammera Saavedra. During a home visit on April 13, 2018, Officer Saavedra found a nine-millimeter semiautomatic pistol and ammunition in plain view in a garage where Appellant claimed to be staying. Additionally, personal items belonging to Appellant were found near the firearm, leading to his arrest for possessing the firearm. Appellant's brother-in-law, Arturo Plascencia, testified that Appellant did not live in the garage, stating that he had never stayed there. Appellant corroborated this, but both testimonies were contradicted by evidence showing Appellant's possession and control of the area where the gun was found. After hearing the evidence, Judge Jones found that Appellant violated his probation. Consequently, he accepted the State's recommendation and sentenced Appellant to a term of ten years. Appellant raises two propositions of error on appeal: 1. **Proposition I**: The trial court abused its discretion by accelerating Appellant's sentence when the State failed to provide sufficient competent evidence of the alleged new offense. 2. **Proposition II**: The acceleration judgment should reflect Appellant's conviction for Assault and Battery With a Dangerous Weapon, rather than Assault and Battery With a Deadly Weapon. **ANALYSIS** In **Proposition I**, Appellant argues that the evidence was insufficient to establish his knowledge of the firearm's presence. The standard for reviewing such claims requires that the court finds whether a rational trier of fact could have concluded the essential elements of the probation violation were met by a preponderance of the evidence. Evidence presented indicated Appellant's admission to living in the garage at the time the firearm was discovered. Testimony from Officer Saavedra and physical evidence reinforced the conclusion that Appellant had dominion and control over the area where the firearm was located. Conflicting testimonies regarding Appellant's residence and possession were matters for the court to evaluate. Thus, Appellant failed to substantiate that Judge Jones acted irrationally in his ruling. In **Proposition II**, Appellant argues for a correction of the accelerating judgment to accurately reflect his offense. The State agrees that this matter warrants attention. Therefore, it should be remanded to the District Court for the necessary correction. **DECISION** The order of the District Court of Oklahoma County accelerating Appellant's deferred judgment and sentencing in Case No. CF-2016-701 is AFFIRMED. However, the case is REMANDED to the District Court for a correction in accordance with Appellant's request. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2020), the MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES** **For the Appellant:** Kenneth C. Watson, Nancy Walker-Johnson Attorney at Law 119 N. Robinson, Suite 640 Oklahoma City, OK 73102 **For the State:** Tiffany Noble, Mike Hunter, Diane L. Slayton Assistant District Attorneys 505 County Office Building Oklahoma City, OK 73102 **OPINION BY:** LEWIS, P.J. KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur ROWLAND, J.: Concur [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-900_1735119586.pdf)

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