Okla. Stat. tit. 21 § 791

F-2021-123

  • Post author:
  • Post category:F

In OCCA case No. F-2021-123, Airick William Fuller appealed his conviction for kidnapping and first-degree robbery. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Fuller was found guilty by a jury in Custer County for two counts of kidnapping and one count of robbery, having prior felony convictions. The jury gave him sentences of ten years for each kidnapping count and thirty years for the robbery, all to be served concurrently, meaning he would serve them at the same time. Fuller argued that the evidence used in the trial was not enough to prove he committed first-degree robbery and that the trial court did not inform the jury about a lesser crime, second-degree robbery. The court carefully reviewed the entire case, including the evidence and arguments from both sides. Regarding the first argument, the court stated that there was enough evidence to show that Fuller threatened a victim, Jason White, with serious harm during the robbery. Even though White did not actually see a gun, the court noted that he had reason to fear for his safety because of what had happened earlier. The court concluded that the jury could justifiably find Fuller guilty based on this evidence. For the second argument, the court explained that since Fuller did not ask for the jury to consider the lesser charge of second-degree robbery, it was difficult for him to claim a mistake was made. The court found that no errors that would have changed the outcome of the trial were made. The court confirmed the original sentences but also instructed the District Court to make sure that the official record reflected that the sentences were to be served concurrently if that had not already been done. Overall, the court affirmed the conviction and rejected Fuller’s arguments.

Continue ReadingF-2021-123

RE-2018-357

  • Post author:
  • Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE NO. RE-2018-357** **JAMES MONROE JONES, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** James Monroe Jones (Appellant) appeals from the revocation of his suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519, adjudicated by the Honorable Timothy R. Henderson, District Judge, in the District Court of Oklahoma County. On June 16, 2010, Appellant pled guilty in Cases CF-2008-7440, CF-2010-130, and CF-2010-290, receiving concurrent sentences with significant portions suspended. Specifically, in CF-2008-7440, he was convicted of two counts of Concealing Stolen Property and sentenced to fifteen years on each count, with the first five years served. Similar sentences were imposed for offenses stemming from the other cases. On May 1, 2015, Appellant entered a negotiated nolo contendere plea in CF-2013-6519 for an amended count of Concealing Stolen Property, resulting in a ten-year sentence with the first year served. On August 26, 2016, the State filed applications to revoke Appellant's suspended sentences due to reported violations, including failure to report, change of address, and new criminal activity related to Domestic Assault and Battery. Enhanced allegations were added on March 7, 2018, encompassing additional crimes attributed to Appellant. A hearing was conducted on April 2, 2018. Appellant's counsel objected to the State's evidence, citing inadequate discovery. The trial court, however, noted Appellant had received relevant documents previously, and dismissed the objections after reviewing the evidence. Judge Henderson ultimately found Appellant had violated his probation through specific new criminal conduct and revoked his suspended sentences in full. Appellant presents two propositions of error on appeal: **PROPOSITION I:** The trial court violated Jones's right to due process and a fair trial under the Fourteenth Amendment and Article II § 7 of the Oklahoma State Constitution. **PROPOSITION II:** Defense counsel failed to prepare adequately for trial, resulting in ineffective assistance of counsel. **ANALYSIS** In addressing Proposition I, Appellant contends that the overruling of his objections regarding discovery violations deprived him of due process. It is established that defendants have minimal due process rights in revocation hearings, including evidence disclosure. However, since Appellant’s counsel did not request discovery prior to the hearing, the burden falls on them for preparation. The trial court did not deny Appellant the opportunity to defend—therefore, Proposition I is denied. Regarding Proposition II, Appellant asserts his counsel's ineffectiveness based on a lack of preparedness stemming from unrequested discovery. The Strickland standard evaluates ineffective assistance claims through performance deficiency and resultant prejudice. Appellant has not substantiated claims that better-prepared counsel would have altered the outcome, as evidence showed several violations were confirmed. Thus, Proposition II is also denied. **DECISION** The order from the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519 is **AFFIRMED**. --- **APPEARANCES:** **AT TRIAL** Katie Samples, Assistant Public Defender Marva A. Banks, Assistant Public Defender **ON APPEAL** David Nichols, Assistant District Attorney Mike Hunter, Attorney General Keeley L. Miller, Assistant Attorney General **OPINION BY:** LUMPKIN, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-357_1734695459.pdf)**

Continue ReadingRE-2018-357

RE 2016-1019

  • Post author:
  • Post category:RE

In OCCA case No. RE 2016-1019, Jerry Lynn Clemons appealed his conviction for Home Repair Fraud and other charges. In a published decision, the court decided to affirm the revocation of his suspended sentences but directed the District Court to modify the orders so that the sentences would run concurrently. The dissenting opinion was not specified. Here's a simplified summary of what happened: Jerry Clemons was found guilty in two cases. He pleaded guilty to Home Repair Fraud in one case and robbery and property damage in another. He was given suspended sentences, meaning he would not go to prison if he followed rules and conditions of probation, like reporting to a probation officer and not changing his address without informing them. However, he did not follow these rules, which led the State to ask to revoke his suspended sentences. During a hearing, the judge decided to revoke Clemons' suspended sentences because he had failed to report as required and changed his address without telling his probation officer. Clemons argued that the State didn’t properly inform him about the reasons for the revocation and that they didn’t provide enough evidence to support their claims. He also said that the judge should not have revoked his sentence because the punishment was longer than what the law allowed for one of his charges. The court agreed with some of Clemons' points but stated that there was enough evidence to support the decision to revoke his suspended sentences. They found that he didn’t show how the judge made a wrong choice. However, they also recognized a mistake in how the sentences should be served. They ordered that all his sentences should run concurrently, meaning they would be served at the same time, rather than one after the other. In conclusion, Clemons' appeal was mostly not successful, but the court made important changes to ensure he would serve his time in a fair way according to the law.

Continue ReadingRE 2016-1019

RE 2014-0777

  • Post author:
  • Post category:RE

In OCCA case No. RE 2014-0777, Rogelio Solis, Jr. appealed his conviction for Domestic Abuse - Assault and Battery. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence but found merit in his argument regarding post-imprisonment supervision and remanded the case to modify that part. One judge dissented.

Continue ReadingRE 2014-0777

RE 2012-0601

  • Post author:
  • Post category:RE

In OCCA case No. RE 2012-0601, Danyale Lamont McCollough appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentences and remand for further proceedings. One judge dissented. Danyale McCollough had pleaded guilty to several charges over the years, which included possession of a firearm and robbery with a firearm. He was given suspended sentences, meaning he would not have to serve time in prison right away, but he had to follow certain rules. If he broke these rules, his suspended sentences could be revoked, and he could go to prison. Later, the State, which is the side that brings charges against people, said that McCollough had committed a new crime. This led to a hearing where a judge decided to revoke his suspended sentences. The judge used some evidence from a different trial to decide this, which McCollough argued was not fair. McCollough said it was wrong for the judge to use evidence from another case without proving it was final. The appeals court agreed with him. They said that the judge had made a mistake by not following the correct legal rules and taking evidence from another trial that was not about the same issues directly related to McCollough’s case. Because of this mistake, the court reversed the revocation of McCollough’s sentences and sent the case back for more review and another chance to prove if he had really violated his probation rules.

Continue ReadingRE 2012-0601

C-2010-1179

  • Post author:
  • Post category:C

In OCCA case No. C-2010-1179, Donnell Devon Smith appealed his conviction for multiple crimes including robbery, sexual battery, and others. In an unpublished decision, the court decided to deny his appeal. One judge dissented. Smith was charged with various offenses in multiple cases and pleaded guilty to all charges on October 19, 2010. He received several sentences, some of which were life sentences, and others ranged from ten to twenty years. After entering his pleas, Smith requested to withdraw them, saying he felt coerced and that he had not been properly informed about the punishments he faced for his crimes. The court looked at three main points raised in Smith's appeal: 1. Smith argued he should be allowed to withdraw his plea for one count of attempted robbery because the ten-year sentence he received was too long. The court found that his sentence was actually five years too long and modified it to the correct five-year maximum. 2. Smith claimed he did not understand the range of sentences for some charges and that this lack of understanding meant his pleas were not voluntary. The court decided that while he had been misadvised, the pleas still appeared to be valid overall because he benefitted from how the sentences were set up to run concurrently. 3. He asserted that he was punished twice for some of the same actions and that some of his pleas lacked enough factual support. The court concluded that the evidence supported the different charges, and there were no double jeopardy issues. The court ultimately affirmed his convictions for all cases besides modifying the sentence that was too long and correcting a minor paperwork mistake regarding how sentences should run together. The court ruled that his plea was knowingly and voluntarily made despite the confusion around sentencing ranges. The decision closed by affirming the ruling of the lower court regarding Smith's attempt to withdraw his pleas, confirming most of the sentences while adjusting the one that exceeded the maximum allowed by law.

Continue ReadingC-2010-1179

F-2009-530

  • Post author:
  • Post category:F

In OCCA case No. F-2009-530, Jacinda Simone Osborne appealed her conviction for First Degree Robbery. In an unpublished decision, the court decided to modify her conviction to Second Degree Robbery. No one dissented. Osborne was found guilty of robbing someone in Tulsa County. The jury said she should serve fifteen years in prison and pay a $5000 fine. She felt that the trial did not go well for her. She raised three main points that she thought were errors. First, she believed the court should have explained to the jury what serious bodily injury meant. Second, she thought the jury should have been given the option to consider a lesser crime, Second Degree Robbery. Third, she claimed there wasn't enough evidence to support the serious charge of First Degree Robbery. The court reviewed everything carefully. They looked at the facts of the case and the laws. They agreed with Osborne on her third point. Even though the victim was hurt during the robbery, the proof did not show that the robbery met the higher standard needed for First Degree Robbery. There were no serious injuries or threats that would elevate the crime from Second to First Degree. So, the court changed her conviction to Second Degree Robbery, which is a lesser charge. The court said her original sentence would stay the same. This means that while the serious charge was changed, she would still serve fifteen years in prison and pay the fine. Since they found merit in her third point, they did not need to decide on the first two points she raised. The conclusion was that Osborne's conviction was modified, but the punishment was upheld.

Continue ReadingF-2009-530

RE 2008-0961

  • Post author:
  • Post category:RE

In OCCA case No. RE 2008-0961, Adrian Smith appealed his conviction for robbery and burglary. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences but also ordered that the judgment be corrected to show that he had nine years remaining instead of ten years. One judge dissented. Adrian Smith had pleaded guilty to several crimes, including robbery with a weapon. He got a sentence of ten years for each crime, but all of them were set to run at the same time, which means he would only serve the longest sentence. If he completed a substance abuse program, he would not have to serve the sentences after the first year. After being released, the state asked to take back his suspended sentence because they believed he had not followed the rules. After a court hearing, the judge decided to revoke the suspended sentences completely. Smith then appealed, saying the judge made mistakes. First, Smith claimed the judge was wrong to revoke his sentence for ten years. However, the state agreed that it should state nine years instead. Second, Smith argued that he did not get a fair process because the judge did not write down why his sentence was revoked. The court found that he was given enough information about why this decision was made, so he was not denied due process. Lastly, Smith argued that revoking his full sentences was too much. The court concluded that the judge had the right to make this decision and found no abuse of discretion. In the end, the appeal confirmed that the sentences would stay revoked but corrected the record to show the appropriate time remaining.

Continue ReadingRE 2008-0961

F-2008-538

  • Post author:
  • Post category:F

In OCCA case No. F-2008-538, Jerry Johnson appealed his conviction for Robbery by Force. In an unpublished decision, the court decided that Johnson did not competently, knowingly, and intelligently waive his right to a jury trial, which means that he deserves a new trial. However, the evidence presented in his bench trial was sufficient to support his conviction, so they remanded the case for a new trial. One judge dissented.

Continue ReadingF-2008-538

C-2006-1154

  • Post author:
  • Post category:C

In OCCA case No. C-2006-1154, Rayshun Carlie Mullins appealed his conviction for multiple serious crimes, including rape and robbery. In an unpublished decision, the court decided that Mullins could withdraw his guilty pleas to many of the charges because he was not informed that he would have to serve 85% of his sentences before being eligible for parole. One judge dissented, arguing that the court should not vacate the pleas since Mullins knew he faced a long prison term when he entered his guilty pleas.

Continue ReadingC-2006-1154

F 2005-522

  • Post author:
  • Post category:F

In OCCA case No. F 2005-522, Eric Matthew Nimmo appealed his conviction for Robbery by Force. In an unpublished decision, the court decided to affirm Mr. Nimmo's conviction but modified his sentence from thirty-five years to twenty years. One judge dissented. Eric Nimmo was found guilty by a jury in the Tulsa County District Court. After a trial that lasted three days, the jury decided that he should serve a long prison sentence along with a fine. He felt that many things went wrong during his trial, and he brought eight issues to the appeals court. First, he claimed that the evidence against him was not strong enough to support his conviction. The court looked closely at the evidence and decided that it was enough for a reasonable juror to conclude he was guilty. Second, he raised concerns about how the prosecutors acted during the trial, suggesting that some of their comments could be seen as unfair and might have influenced the jury's decision. The court recognized that while some comments were not appropriate, they did not believe that these issues changed the outcome of the trial. In a third point, Nimmo felt that the judge showed bias when responding to a defense objection. The court mentioned that while the judge's comments were not ideal, they were not significant enough to impact the trial's result. Nimmo's fourth point of error was about certain past crimes being mentioned during the sentencing phase of his trial. The court agreed that these past crimes should not have been brought up in that way, and it likely influenced the long sentence he received. As a result, they modified his sentence to reflect this error. Fifth, Nimmo argued that his lawyer did a poor job by not calling witnesses who could help prove he didn’t commit the robbery. The court found his lawyer's choices were based on a reasonable strategy and did not harm his case significantly. In the sixth point, Nimmo said his lawyer's admission of his past crimes during sentencing was not a good decision. However, the court felt this was part of an overall strategy that lawyers sometimes use. For his seventh claim, he said that the instructions given to the jury regarding reasonable doubt were wrong. The court ruled that the instructions were appropriate and that they followed the law. Finally, for the eighth argument, Nimmo believed that all these errors added up to deny him a fair trial, but the court did not find this compelling enough for further action. In summary, while the court upheld Nimmo's conviction, it did find a significant error in how his past crimes were handled during sentencing, leading to a reduction in his prison term.

Continue ReadingF 2005-522

F-2005-363

  • Post author:
  • Post category:F

In OCCA case No. F-2005-363, Adan Ramos, Jr. appealed his conviction for Robbery by Force or Fear. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. The court found that there was no valid waiver of Ramos's right to a jury trial, which is a fundamental right. Ramos's other claims about ineffective assistance of counsel, exclusion of evidence, and interpreter issues became moot since the court ordered a new trial.

Continue ReadingF-2005-363

F 2004-989

  • Post author:
  • Post category:F

In OCCA case No. F 2004-989, John Fitzgerald Kessee appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Kessee was found guilty of robbing someone and had a long history of prior convictions, which led to a heavy sentence of ninety-nine years. He claimed that there wasn’t enough evidence to support his conviction and said that the way he was tried for the second time after a mistrial violated his rights. He also argued that there were mistakes made during the sentencing that should change his punishment. After looking closely at the case and the arguments made, the court found that there was enough proof for the jury to reach a decision about Kessee’s guilt. They decided that the issues surrounding the mistrial didn’t violate his rights. However, they agreed that the way the prosecutor talked about Kessee’s past sentences was wrong and affected his right to a fair trial. As a result, the court decided to lower his sentence to forty-five years in prison instead of ninety-nine. While most judges agreed with the decision, one judge disagreed with changing the sentence, believing the jury's decision should stand as is.

Continue ReadingF 2004-989

F-2004-433

  • Post author:
  • Post category:F

In OCCA case No. F-2004-433, the appellant appealed his conviction for Conjoint Robbery and Possession of a Stolen Vehicle. In a published decision, the court decided to modify the sentence for the robbery charge but affirmed the sentence for the stolen vehicle charge. One judge dissented. The case began when the appellant was charged with possessing a stolen vehicle and leaving an accident scene in 2001. Later, he faced a charge for Conjoint Robbery. He initially pleaded no contest to the stolen vehicle charges, which led to a delayed sentencing while he was to complete a rehabilitation program. However, he could not participate in this program due to the new robbery charge. The appellant pleaded no contest to the robbery charge, resulting in concurrent five-year deferred sentences. In 2004, he was accused of a new crime involving a firearm, leading the state to file an application to accelerate his sentences from the previous cases. After entering a stipulation to the violations, he received a five-year sentence for the firearm charge and additional sentences for the previous offenses. On appeal, the appellant argued that his sentences were excessive. While the court upheld the sentences for the stolen vehicle charge, it acknowledged that the sentence for the robbery was too harsh given the circumstances. Therefore, the sentence for the robbery was modified to ten years with five years suspended. The court found that, overall, the sentences were within the legal limits but decided the particular facts called for a reduction in the robbery sentence.

Continue ReadingF-2004-433

F-2002-1454

  • Post author:
  • Post category:F

In OCCA case No. F-2002-1454, Richard Val Crews appealed his conviction for multiple serious crimes including Rape by Instrumentation, Forcible Sodomy, Kidnapping, Robbery, and others. In an unpublished decision, the court decided to reverse one of the convictions related to the possession of a firearm after conviction, allowing for a new trial on that count. The other convictions were affirmed. One judge dissented, suggesting that the case should be dismissed rather than retried.

Continue ReadingF-2002-1454

F 2002-1259

  • Post author:
  • Post category:F

In OCCA case No. F 2002-1259, the appellant appealed his conviction for robbery in the first degree, robbery with imitation firearm, and possession of drug paraphernalia. In a published decision, the court decided to affirm the convictions but modified the sentences to run concurrently rather than consecutively. One judge dissented, stating that eleven life sentences shocked the court's conscience but eight did not.

Continue ReadingF 2002-1259

F-2002-492

  • Post author:
  • Post category:F

In OCCA case No. F-2002-492, Scott Lee Fox appealed his conviction for multiple crimes, including Assault and Battery with Intent to Kill and Injury to a Minor Child. In a published decision, the court decided to affirm most of the convictions and sentences, but reversed and dismissed the conviction for Injury to a Minor Child. One judge dissented.

Continue ReadingF-2002-492

F 2001-1348

  • Post author:
  • Post category:F

In OCCA case No. F 2001-1348, Holly Ann Glasgow appealed her conviction for two counts of Robbery by Force and Fear. In a published decision, the court decided to reverse the conviction on Count One and remand it to the district court to change the charge to Receiving Stolen Property with a reduced sentence. The conviction on Count Two was affirmed. One judge dissented.

Continue ReadingF 2001-1348

C-2000-750

  • Post author:
  • Post category:C

In OCCA case No. C-2000-750, Nikisha Lynn Farris appealed her conviction for robbery in the first degree and concealing stolen property. In a published decision, the court decided to modify her sentence. One judge dissented. Farris pleaded guilty to robbery and concealing stolen property. She did not have a deal with the District Attorney about her sentence. The judge sentenced her to 100 years for robbery and 5 years for concealing stolen property, and both sentences would be served at the same time. After her sentence, Farris wanted to take back her guilty plea. However, the trial court said no when she asked to withdraw her plea. Farris then appealed the trial court's decision, and the court looked at everything in the case including records and Farris's arguments. The court found that Farris's plea was knowing and voluntary, meaning she understood what she was doing when she pleaded guilty. The court also determined that her lawyer did not make mistakes that harmed her case. However, the court thought the 100-year sentence for robbery was too harsh. They decided to change her sentence to 30 years instead. So while Farris would still have to spend time in prison, it would be less time than what she was originally given. The court agreed to modify the sentence while keeping the other parts of the original decision.

Continue ReadingC-2000-750