C-2019-15

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In OCCA case No. C-2019-15, Nicholas Allan Daniel appealed his conviction for First Degree Felony Murder (Distribution of a Controlled Dangerous Substance) and Robbery with a Firearm. In an unpublished decision, the court decided to grant his request for a writ of certiorari, modifying his conviction for First Degree Felony Murder while reversing his conviction for Robbery with a Firearm. One judge dissented from this opinion. Nicholas Daniel faced serious charges after being accused of killing a man while trying to sell drugs and also robbing him. He pleaded guilty to these charges but later wanted to withdraw his plea. He felt that his lawyer did not help him enough during the process, and he raised several reasons for this claim. He argued that the lawyer had a conflict of interest, that he did not fully understand the consequences of his plea, that the plea lacked a good factual basis, and that he did not get effective help from his lawyer. The court carefully examined each of Daniel's arguments. In the first argument, the court found no real conflict of interest because Daniel’s dissatisfaction stemmed from the state’s evidence and the sentence, not from his lawyer's performance. In the second argument, it was decided that Daniel had entered the plea with a clear understanding that he would face sentencing and that it was done voluntarily. For the third argument, about the factual basis for his felony murder conviction, the court found that there were issues with how the charges were presented. It was determined that the way Daniel described the incident in his plea was inadequate to meet the legal requirements for felony murder because he was treated primarily as a buyer, not a seller of drugs. Thus, the combined crimes could not both stand. In terms of Daniel's claims against his lawyer's effectiveness, the court acknowledged that his lawyer could have done better. However, it ruled against some of Daniel's more serious arguments on the effectiveness of his lawyer, finding that he did not provide sufficient proof that his lawyer’s actions negatively affected his defense. In the final decision, the court adjusted Daniel's felony murder conviction based on the issues around how the charges were processed and reversed the robbery conviction, as it should not stand alongside the adjusted murder charge. Ultimately, the court confirmed Daniel's modified conviction for felony murder but sent the case back regarding the robbery count. One judge disagreed with parts of this conclusion, stating that the trial court had not made a mistake in the first place and therefore should not have granted the appeal. The judge argued that since Daniel's plea was expressed clearly and voluntarily, it should have been upheld without modification. The judge emphasized the importance of adhering to proper legal processes and rules when making such determinations. Thus, the outcome celebrated the importance of ensuring that legal principles and procedures are correctly applied, even as it affirmed Daniel’s conviction under modified circumstances.

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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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