Okla. Stat. tit. 21 § 701.9

F-2018-793

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **MARTIN OCHOA MEDINA,** Appellant, **v.** **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-793** **FILED AUG 29 2019** JOHN D. HADDEN, CLERK --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Martin Ochoa Medina appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-275, for Assault and Battery with a Deadly Weapon, After Former Conviction of a Felony in violation of 21 O.S.2011, § 652. The Honorable Doug Haught, District Judge, presided over Medina's jury trial and sentenced him, in accordance with the jury's verdict, to life imprisonment. Medina raises a single issue on appeal: whether he was denied a fair sentencing proceeding because of prosecutorial misconduct throughout the second stage of his bifurcated trial. **1. Prosecutorial Misconduct Claim** Medina contends he was denied a fair sentencing proceeding due to prosecutorial misconduct during the second stage of his trial. He specifically argues that the prosecutor improperly introduced details of his prior conviction, appealed to sympathy for the victim, and wrongly commented on the potential for him to commit future crimes. However, Medina failed to object to these comments during the trial, waiving review of this claim for all but plain error. **Reviewing for plain error**, the Court finds that Medina has not shown that any alleged prosecutorial misconduct affected the outcome of the trial. Arguments made during closing are considered within the context of the entire trial. While the prosecutor did make improper comments regarding future crimes, reviewing the totality of the circumstances, such comments did not significantly impact the fairness of the sentencing proceeding. **DECISION** The Judgment and Sentence of the district court is **AFFIRMED**. --- **OPINION BY: ROWLAND, J.** **CONCURRING IN PART/DISSENTING IN PART:** **HUDSON, J.:** I write separately to dissent regarding the finding of plain error related to the prosecutor's comments about the potential for future offenses. The majority's reference to prior case law does not fully support their conclusion, as the prosecutor's comments were grounded in the evidence presented during trial and were relevant to the discussion of Medina's history and behavior. The prosecutor's arguments were appropriate and based on the evidence regarding Medina's prior violent acts, which warranted discussion in the context of sentencing. There was no misuse of the argument to stir societal alarm but rather a legitimate consideration of the defendant's recidivism. Recidivism has always been a recognized basis for enhanced sentencing, and the defendant's past conviction of a violent crime aligns with the evidence presented during this trial. Therefore, I believe the prosecutor's comments were within the permissible bounds and the majority has incorrectly labeled this as error. I concur with the denial of relief for the remaining arguments but dissent regarding the assessment of error concerning the comments about future conduct. --- For further details, you can [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-793_1735216324.pdf).

Continue ReadingF-2018-793

F-2016-902

  • Post author:
  • Post category:F

The Court of Criminal Appeals of the State of Oklahoma reviewed the case of K.G.O., charged as an adult with Murder in the First Degree, who sought to be certified as a Youthful Offender. The trial court granted this certification, which the State appealed, arguing that the decision was erroneous due to insufficient evidence supporting K.G.O.'s claim for Youthful Offender status. The appeal highlighted that, at the time of the alleged offense, K.G.O. was presumed to be an adult based on Oklahoma law, which allows for certification as a Youthful Offender but places the burden of proof on the accused to overcome this presumption. The court evaluated several guidelines specified in Oklahoma statute regarding certification, giving the most weight to the first three, which focus on the nature of the offense and the offender's history. After a thorough review, the appellate court concluded that the trial judge had abused her discretion by not adhering appropriately to these guidelines. They found a lack of evidence suggesting that K.G.O. met the necessary criteria to warrant status as a Youthful Offender and that the judge's decision did not support the conclusion reached. Therefore, the appellate court reversed the trial court's order and directed that the case proceed with K.G.O. being treated as an adult. A dissenting opinion from Judge Lewis expressed a belief that the trial court's certification should be upheld, indicating a difference in interpretation of the evidence and the application of the guidelines. Overall, the decision illustrates the court's stringent standards for certifying youthful offenders, emphasizing the necessity of a robust evidentiary basis to override the presumption of adult status in serious criminal cases.

Continue ReadingF-2016-902

F-2015-393

  • Post author:
  • Post category:F

In OCCA case No. F-2015-393, Tucker Ryan McGee appealed his conviction for First Degree Malice Aforethought Murder. In an unpublished decision, the court affirmed his conviction but vacated his sentence of life without the possibility of parole and remanded the matter for re-sentencing. One judge dissented. The case involved the tragic disappearance of 16-year-old JaRay Wilson, who went missing in October 2012. Investigators later connected Tucker McGee and his friend Cody Godfrey to JaRay's disappearance. Evidence presented during the trial showed that McGee, while under the influence of drugs, shot JaRay in the head and subsequently helped dispose of her body. Throughout the trial, McGee raised numerous issues regarding jury instructions and the fairness of his trial, arguing that certain instructions on lesser offenses were improperly given or omitted, that the jury was misled by a flight instruction, and that he was deprived of a fair trial due to the evidence presented against him. He also claimed that the prosecution engaged in misconduct and that he did not receive effective assistance of counsel. The court reviewed all the claims made by McGee and found that while certain instructions were given that could be considered errors, they did not ultimately affect the outcome of the trial. The strengths of the evidence against McGee, including his confessions and the testimony of witnesses, led the court to determine that the errors did not warrant reversal of his conviction. Importantly, the court also addressed the implications of recent U.S. Supreme Court decisions on juvenile sentencing, specifically those related to life without parole sentences for juvenile offenders. The court acknowledged that the previous standards did not adequately consider the unique circumstances surrounding juvenile offenders and determined that McGee's sentence required re-evaluation under updated legal interpretations regarding the treatment of juveniles in the criminal justice system. As a result, while McGee's conviction was upheld, his life sentence without the possibility of parole was vacated, allowing for the opportunity for re-sentencing that would take into account his age and circumstances at the time of the crime.

Continue ReadingF-2015-393

C-2012-277

  • Post author:
  • Post category:C

In OCCA case No. C-2012-277, Crystal Lynn Erb appealed her conviction for Child Neglect. In a published decision, the court decided to remand the case for the appointment of new, conflict-free counsel to represent Erb in her application to withdraw her Alford plea. One judge dissented. Crystal Lynn Erb was charged with child neglect after she was accused of not taking care of her infant, Tamberlyn Wheeler. The events that led to the charges happened between January 2008 and April 2008, but the official charges were not filed until January 2011. This was a delay of almost 2 years and 9 months. A preliminary hearing took place in May 2011, and Erb was bound over on the charge. On October 12, 2011, she entered an Alford plea, which means she did not admit guilt but accepted a plea deal because it was in her best interest. She agreed to testify against her co-defendant, Samuel Wheeler, and was released on her own recognizance. During the sentencing hearing in February 2012, Erb was sentenced to 30 years in prison. Shortly after, her lawyer filed a motion for her to withdraw her guilty plea, arguing that Erb was innocent. However, during the hearing for this motion, the lawyer did not present any strong arguments or evidence for why Erb should be allowed to withdraw her plea. The judge denied the motion. Erb later filed an appeal and sought a review by the court, raising several claims for why her plea should be re-evaluated. She argued that her plea was not made knowingly or intelligently and that she did not receive good legal help due to a conflict with her attorney. The court noted that the issues Erb raised in her appeal were not dealt with properly by her lawyer when they tried to withdraw her plea. The court expressed concerns about whether her plea was voluntary and if her attorney did not provide effective assistance. Since the same lawyer represented Erb during both the plea and the motion process, the court decided that Erb needed a new attorney who could help her without any conflicts of interest. As a result, the court ordered that the case be sent back to appoint a new lawyer for Erb so that they could help her file a new application to withdraw her Alford plea and represent her in any related hearings. The decision was made to ensure that Erb received fair and effective legal help.

Continue ReadingC-2012-277

F-2010-307

  • Post author:
  • Post category:F

In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.

Continue ReadingF-2010-307

C-2006-571

  • Post author:
  • Post category:C

In OCCA case No. C-2006-571, Robert Carl Sharp appealed his conviction for three counts of First Degree Manslaughter. In an unpublished decision, the court decided to grant certiorari and remand the case to the district court for further proceedings. One judge dissented. Robert Carl Sharp was convicted on January 5, 2006, after he entered guilty pleas to three counts of First Degree Manslaughter in the Pottawatomie County District Court. His sentencing was postponed until a Presentence Report could be made. When he was finally sentenced on February 15, 2006, he received ten years in prison for each count, with the sentences to be served one after the other. After the sentencing, Sharp wanted to withdraw his guilty pleas. He filed an application to do this on February 23, 2006, but during the hearing for this application on March 15, 2006, he was not present. The court denied his application to withdraw his pleas. This led Sharp to appeal the decision, raising several points he believed were errors in the process. Sharp argued that: 1. He was denied his right to be present at the hearing about withdrawing his pleas. 2. His sentences were too harsh and should be changed. 3. He did not get enough time to present evidence that could have helped lessen his sentence. The court looked carefully at Sharp's claims. They found that he did not get to be present at the hearing about his application to withdraw his guilty pleas, and there was no record showing he agreed to not be there. The court stated that a person has the right to be present in any situation that could affect the fairness of the process. Because the hearing where he wanted to withdraw his plea was an important part of the legal process, Sharp's absence was considered a violation of his rights. Thus, the court decided to send the case back to the district court so that Sharp could have a new hearing. This new hearing would allow him to be present and give his side of the story regarding his application to withdraw his guilty pleas. Since they granted his appeal on this matter, the other arguments he made were no longer needed to be considered. In conclusion, the court granted Sharp's request and sent the case back to the lower court for a new hearing. One judge disagreed with this decision, believing that even though he was absent from the hearing, it did not change the fact that his original guilty plea was valid and made willingly.

Continue ReadingC-2006-571

F 2003-1163

  • Post author:
  • Post category:F

In OCCA case No. F 2003-1163, Christopher Ray Murphy appealed his conviction for four counts of indecent or lewd acts with a child under sixteen. In an unpublished decision, the court decided to affirm the convictions, but modified the sentences to run concurrently instead of consecutively. One judge dissented.

Continue ReadingF 2003-1163

F-2002-1351

  • Post author:
  • Post category:F

In OCCA case No. F-2002-1351, Barrett appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Randy Barrett was found guilty of First Degree Murder in a trial. The jury said he should go to prison for life and pay a fine. Barrett thought the judge and the jury made mistakes. He raised several points in his appeal, saying there were errors during his trial. One of the main issues was that Barrett's lawyer did not tell him about the lesser charges that he could have been found guilty of instead of First Degree Murder. Barrett felt that he didn’t understand this and claimed his lawyer gave him bad advice. Barrett wanted to fight for a chance to potentially get a lesser sentence but didn’t pursue it because he was worried his lawyer said that mentioning those charges could lead to a longer prison sentence. Barrett argued that the evidence against him didn’t really support the murder charge, especially the claim about kidnapping the victim as part of the crime. He also thought the jury saw unfair photographs that shouldn’t have been leaked during the trial, hurting his chance for a fair trial. Additionally, he believed his lawyer wasn’t allowed to explain certain details about the case, which affected the way the jury viewed his actions. The court looked carefully at Barrett’s complaint. It found that Barrett was right in saying his lawyer didn't give him good advice about applying for the lesser charges. This misguidance led Barrett to give up an important option that could have benefited him. The court pointed out that Barrett’s lawyer was confused and didn't accurately inform him about his chances for parole based on different sentences. Because of these mistakes by his lawyer, the court decided that Barrett deserved another trial to get a fair chance. They reversed the earlier decision and sent the case back to start again. One judge disagreed with this choice, believing that Barrett was a smart individual who made a choice in consultation with his lawyer and understanding the risks.

Continue ReadingF-2002-1351