Okla. Stat. tit. 21 § 801

F-2004-1226

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In OCCA case No. F-2004-1226, Anthony Jerome Johnson appealed his conviction for multiple crimes, including felony eluding an officer, obstructing an officer, and robbery with a firearm. In a published decision, the court decided to affirm his convictions for eluding an officer and robbery with a firearm, but reversed the conviction for obstructing an officer, with instructions to dismiss that charge. One judge dissented regarding the reversal of the obstruction charge. The case stemmed from an incident where Johnson carjacked a woman’s car and fled from police after they initiated a traffic stop. During his escape, he ran numerous stop signs and caused danger to others on the road. Following a high-speed chase, he crashed the car and then ran on foot, trying to evade capture from arresting officers. At trial, Johnson was found guilty and sentenced to several years in prison as well as a fine for the offenses committed. On appeal, he argued four points. First, he claimed that the charges against him violated protections against double jeopardy, stating that the actions he took should not be counted as separate crimes since they arose from one act of fleeing. Second, he contended that evidence for felony eluding was not sufficient, suggesting the situation warranted a lesser charge. Third, he asserted that there was insufficient evidence for the armed robbery conviction. Lastly, he believed inconsistencies in the victim’s testimony supported reducing his sentence. The court, after reviewing the case thoroughly, determined that the convictions and sentences for eluding and robbery were valid. The court found sufficient evidence supporting these convictions, including testimony from eyewitnesses and evidence that directly linked Johnson to the robbery. However, they agreed with Johnson's argument regarding the obstructing charge, concluding both his car and foot chases should be treated as one continuous act of fleeing, therefore only allowing the conviction for eluding. In the end, the court affirmed the convictions for eluding an officer and robbery but instructed that the obstruction charge be dismissed. The dissenting opinion expressed a different view on the obstruction charge, arguing that Johnson's actions could be considered separate acts deserving of distinct charges.

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F-2004-67

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In OCCA case No. F-2004-67, Marrio D'Shane Willis appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the conviction. One judge dissented. Marrio D'Shane Willis was found guilty by a jury for robbing someone while using a gun. Because he had a previous conviction, the court gave him a sentence of ten years in prison and a fine. Willis did not agree with this decision and decided to appeal. Willis claimed that his attorney did not do a good job in representing him during the trial. He said that the only witness who identified him as the robber had made a mistake and that there was evidence to support that claim which was not presented in the trial. Willis asked for another chance, known as a new trial, based on this new information. The appeals court looked into Willis's claims and sent the case back to a lower court to find more information. This lower court had a hearing where they listened to the eyewitness. During this hearing, the eyewitness changed his story and said he was not sure about his identification of Willis during the trial. He even said he thought another person might be the actual robber. The appeals court found that Willis’s attorney did not try hard enough to prove that the eyewitness might have made a mistake. They decided that if the attorney had investigated this more during the trial, it could have led to a different result. They believed Willis was treated unfairly because of his lawyer's mistakes. After reviewing everything, the appeals court reversed Willis's conviction, meaning he would not be found guilty anymore based on the trial's results. They agreed with the findings of the lower court that the eyewitness's changed testimony made it difficult to trust what he had said during the trial. In conclusion, the court said that the way Willis was represented in court was not good enough, and because of that, they decided he should not have been convicted of robbery.

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F-2004-1081

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In OCCA case No. F-2004-1081, Charles Edward Moore, Jr. appealed his conviction for robbery with firearms, kidnapping, and possession of a firearm after a felony conviction. In a published decision, the court decided to affirm most of his convictions and modify some sentences. One of the judges dissented. Charles Edward Moore faced serious charges and was found guilty by a jury. He received a total of fourteen years for each robbery, ten years for each kidnapping, and ten years for possession of a firearm related to a past felony. The judge ordered that Moore serve these sentences one after the other. On appeal, Moore argued several points. First, he believed he was unfairly punished for two separate robbery counts concerning the same incident. However, the court decided that this did not violate any laws about double punishments. Next, Moore claimed a conflict between his robbery conviction and the charge for possession after a felony. The court agreed with Moore regarding this point and reversed his conviction for that charge. Additionally, Moore argued that the trial court made an error by not allowing a jury instruction about his eligibility for parole. The court found this to be a mistake but decided to change the sentences for the robbery convictions from fourteen years to ten years each. The court maintained the trial judge's decision to have the sentences served consecutively. Moore also argued that he did not receive effective help from his lawyer, but the court believed that his case would not have ended differently even with better representation. He further disagreed with the court's admission of evidence about his past wrongdoings, but the court denied that claim too. Lastly, Moore asserted that the combined errors during his trial should lead to a reversal. The court disagreed and upheld the decisions made during the trial. In summary, while the court agreed to modify some of Moore's sentences, it affirmed most of the convictions and found no significant errors that would affect the overall outcome of the trial.

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F-2004-691

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In OCCA case No. F-2004-691, Cleon Christopher Johnson appealed his conviction for multiple crimes including third-degree arson, robbery with a firearm, accessory after the fact to shooting with intent to kill, and possession of a stolen vehicle. In a published decision, the court decided to reverse the conviction for third-degree arson, but affirmed the convictions for the other charges. One judge dissented regarding the reversal of the arson conviction. Johnson was charged with serious crimes in Tulsa County and was found guilty by a jury. They gave him a total of 89 years in prison for his actions. On appeal, Johnson argued that there was not enough evidence for the arson conviction, that the robbery charge was not proven, and that there was misconduct during the trial. The court agreed with Johnson that there wasn't enough evidence to prove he committed arson, as the value of the property burned was not established. They stated that to prove third-degree arson, it's necessary to show the value of the property was at least $50. Since there was no proof of this value, that specific conviction was overturned. However, they found that there was enough evidence to support the robbery conviction. The jury was able to conclude that Johnson played an important role in that crime. On the point of prosecutorial misconduct, the court mentioned that Johnson's attorney did not object at trial, which limited their review. The comments made during the trial were not serious enough to be considered a significant error. So, the final decision was to reverse the third-degree arson conviction and send it back for dismissal, while upholding the other convictions against Johnson. One judge thought that the evidence was strong enough to support the arson conviction and disagreed with the reversal.

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F-2004-1271

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In OCCA case No. F-2004-1271, Darrell Antonio Cheadle appealed his conviction for robbery with a firearm, felon in possession of a firearm, and aggravated attempting to elude a police officer. In an unpublished decision, the court decided that while the convictions were upheld, the sentences were modified to life in prison for each count, with some sentences running consecutively and others concurrently. One judge dissented, stating that the delay before the trial was prejudicial to the defendant's defense, but agreed that the evidence of guilt was very strong.

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F-2004-825

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In OCCA case No. F-2004-825, the appellant appealed his conviction for robbery with firearms. In a published decision, the court decided to affirm the conviction but modify the sentence to twenty years imprisonment. One judge dissented. The case began when the appellant, Craig LaFranz Taylor, was found guilty by a jury. The trial took place in Comanche County, where the jury sentenced him to life in prison after the conviction. The appellant argued that his rights were violated in several ways. He claimed that the jury received wrongful outside information about him being arrested for another charge, which he believed affected their decision on his sentence. He also argued that the identification of him as the robber was not reliable and that there were problems with how the identification was made. Furthermore, he mentioned that one juror saw him in handcuffs and leg irons, which he thought unfairly influenced the juror's opinion of him. Lastly, he felt that the prosecutor asked inappropriate questions during the trial that hurt his chances for a fair trial. The court reviewed all the information presented and decided to maintain the conviction. They believed that there were enough checks in place during the trial for the jury to evaluate the eyewitness testimony fairly. They also felt that the juror's brief view of the appellant in restraints was not enough to interfere with the trial, especially since the appellant did not mention this to his lawyer until after the trial was over. The defense raised concerns about the prosecutor’s questions, but the court noted that most of the objections were upheld, meaning the unfair questions did not significantly harm the appellant’s case. However, the court agreed that there were issues with how the jury handled sentencing. The jury's initial recommendation was not clear, and they had received outside information that affected their decision. Because of this, the court decided to change the life sentence to a shorter term of twenty years instead, allowing the appellant to have a fairer outcome in that regard. In the end, the decision confirmed that while the conviction stood, the punishment was adjusted to ensure fairness, leading to a modified sentence of twenty years of imprisonment.

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C-2003-1247

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In OCCA case No. C-2003-1247, Robert Hershal Perkis appealed his conviction for robbery with a dangerous weapon, kidnapping, and burglary in the first degree. In an unpublished decision, the court decided to affirm the conviction for robbery with a dangerous weapon, reverse the kidnapping conviction, and modify the burglary conviction to second-degree burglary. One judge dissented on the kidnapping aspect. Robert Hershal Perkis was charged with three serious crimes: robbery using a dangerous weapon, kidnapping, and first-degree burglary. He pleaded nolo contendere, which means he did not contest the charges. The court sentenced him to a total of 60 years in prison for these crimes, with the sentences running one after the other, and ordered him to pay fines and restitution. Later, Perkis filed an application to withdraw his guilty pleas, stating that his pleas were not supported by enough evidence, that the sentences were too harsh, and that he did not receive good help from his lawyer. The court looked into these claims and first examined if the pleas were based on sufficient evidence. For the robbery charge, the court found that the victim was threatened with a dangerous weapon and had property taken from him, which satisfied the elements of robbery. Thus, the court upheld Perkis' conviction for robbery with a dangerous weapon. In looking at the kidnapping charge, the court considered the facts surrounding the incident. The victim was taken to a field and held there by Perkis and others. The central issue was whether the confinement of the victim could be considered “secret.” The court decided that because the victim was in a public area, it did not meet the legal definition of secret confinement, which led to the reversal of the kidnapping conviction. Regarding the burglary charge, the court found that while there were issues concerning the evidence for first-degree burglary, it chose to modify the conviction to second-degree burglary instead, giving Perkis a shorter sentence for that conviction. Overall, the court's opinion granted some relief to Perkis by reversing one conviction and modifying another, but kept the robbery conviction intact. The dissenting judge felt that the kidnapping conviction should stand, arguing that the facts should be considered as a case of secret confinement.

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F 2004-1127

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In OCCA case No. F 2004-1127, Charles Clarence Tiger appealed his conviction for multiple charges, including conspiracy to commit a felony and several burglaries. In an unpublished decision, the court decided to reverse and dismiss some of the charges while affirming others. One judge dissented on the reversal of the conspiracy conviction. Tiger faced a jury trial where he was found guilty of numerous crimes, including conspiracy to commit burglary, and was sentenced to serve a long time in prison. He later appealed, arguing several points, including that he didn't get a fair and speedy trial, that his lawyer didn't help him properly, and that he was punished too harshly for his crimes. The court reviewed these claims carefully. They agreed that Tiger's right to a speedy trial was not violated and that his lawyer did provide effective legal help. However, they found that two of the charges against him conflicted with each other. They decided that being punished for both burglary and robbery from the same incident was not right, so they reversed the burglary charge related to that. Additionally, the court felt there wasn't enough evidence to support Tiger's conspiracy charge, so that one was also reversed. While some of Tiger's arguments were accepted, others were rejected. The judges agreed that the remaining charges that stayed upheld were fair and within legal limits, meaning he would still have to serve his time for them. In summary, the court decided to dismiss two of the charges and keep the others, showing that while some of Tiger's claims were valid, many were not. One judge disagreed with the court's choice to dismiss the conspiracy charge, believing there was enough proof to uphold it.

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F 2003-442

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In OCCA case No. F 2003-442, the appellant appealed his conviction for multiple crimes including Conspiracy to Commit Robbery, First Degree Murder, Robbery with a Dangerous Weapon, and Possession of a Firearm by a Convicted Felon. In an unpublished decision, the court decided to reverse and remand two counts of Possession of a Firearm by a Convicted Felon, but affirmed the convictions on all remaining counts. One judge dissented, feeling that one conspiracy count and the robbery count should be upheld, while reversing the other counts.

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F-2003-719

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In OCCA case No. F-2003-719, Timothy Phipps appealed his conviction for Robbery With a Weapon, After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm Appellant's conviction but modify the sentence. One judge dissented. Phipps was found guilty by a jury in the District Court of Muskogee County and was sentenced to fifteen years in prison, with five of those years suspended. The court found that the jury had been mistakenly instructed about the minimum punishment. They believed they were allowed to sentence him to a minimum that was not accurate due to his past conviction from Arkansas. Because of this mistake, the court changed his sentence to ten years in prison with five years suspended. The court carefully reviewed everything in the case and determined that the mistake about the punishment made a difference in how the sentence was decided.

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F-2003-257

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In OCCA case No. F-2003-257, Gregory Kyle Malone appealed his conviction for First Degree Burglary and Robbery With a Dangerous Weapon. In a published decision, the court decided to reverse the conviction for First Degree Burglary but affirmed the conviction for Robbery With a Dangerous Weapon. One judge dissented. Malone was found guilty by a jury and sentenced to twenty years in prison for burglary and forty years in prison for robbery. During the trial, he argued that there were mistakes made, including incorrect jury instructions and insufficient evidence for the burglary charge. Malone claimed the court made an error by allowing the jury to convict him based on instructions that included an offense he wasn’t charged with. The burglary charge required proof that he intended to commit robbery or assault when he broke into the house, but the jury was given broader instructions that didn't align with the specifics of his charge. This was seen as a violation of his rights, as he should have been able to defend against the exact crime he was accused of. The court agreed with Malone on this point, determining that the trial court had provided wrong instructions that could have influenced the jury's decision. As a result, they reversed the conviction for First Degree Burglary. However, they affirmed the conviction for Robbery With a Dangerous Weapon, finding that the evidence against him was strong enough for that charge. In conclusion, the court reversed the first charge of First Degree Burglary and kept the second charge of Robbery With a Dangerous Weapon, which meant Malone would go back to court for the burglary charge.

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F 2004-269

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In OCCA case No. F 2004-269, Edward Lee Cox, Jr. appealed his conviction for Shooting with Intent to Kill, Robbery with Firearms, and Larceny of an Automobile. In an unpublished decision, the court decided that his conviction for Robbery with Firearms should be reversed and dismissed, while the convictions for the other two counts were affirmed. One judge dissented.

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F 2002-1259

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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.

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F-2002-108

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In OCCA case No. F-2002-108, Ricky Dion Bruner appealed his conviction for multiple crimes. In an unpublished decision, the court decided to reverse two of his kidnapping convictions but affirmed the rest of his sentences. One judge dissented. Ricky Dion Bruner was found guilty of serious crimes, including robbery, assault with a deadly weapon, kidnapping, and rape. A jury decided his punishment, giving him life in prison for several charges and various other sentences for the remaining counts. However, when Bruner appealed, he argued that some of these convictions shouldn't have happened because they violated rules against being tried for the same crime twice and that the evidence didn’t support some of the charges. The court examined these arguments. They agreed that Bruner shouldn’t have been convicted of both kidnapping and robbery in two cases because they happened during the same event and were too closely related. Therefore, they reversed those two kidnapping charges. However, they found enough evidence to support his other convictions, deciding that the jury could have reasonably reached those conclusions. Regarding his sentences, though they were harsh, the court determined they were not so extreme as to be unfair or against the law. So, they upheld most of his sentences but made sure that the two kidnapping convictions were dismissed and sent the matter back to the lower court for further actions.

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F-2001-1514

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In OCCA case No. F-2001-1514, Montain Lamont Maxwell appealed his conviction for Robbery with Firearms. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Montain Lamont Maxwell was tried by a jury and found guilty of robbery using a firearm. The jury decided he should be sentenced to 20 years in prison. Afterwards, he appealed his conviction, saying there were problems during his trial. First, Maxwell claimed the prosecution said things that made it seem like he was guilty for not speaking up during the trial. This goes against his right to remain silent, a protection given by the U.S. Constitution. He argued that the prosecutor asked improper questions and made unfair comments about his silence before and after his arrest. Second, Maxwell said the way he was identified as the robber wasn't reliable, and he argued that the trial court should have told the jury to be careful about believing eyewitness accounts. He also argued that there wasn’t enough evidence to prove he committed the robbery with a dangerous weapon. Finally, Maxwell said his lawyer didn’t help him enough during the trial, which violated his rights. The court took a close look at all the problems raised by Maxwell. They found that the prosecution had indeed made mistakes regarding his right to stay quiet. They commented unfairly about his silence, which might have led the jury to think he was hiding something. The court also noted that the evidence against Maxwell came down to conflicting stories between him and the victim. The jury had a hard time reaching a decision and sent many notes during their deliberation. Because of the unfair treatment regarding his silence and the lack of a proper defense from his lawyer, the court decided these issues were serious enough that they couldn't ignore them. In the end, the court reversed Maxwell's conviction and ordered a new trial to make sure he gets a fair chance to defend himself.

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F-2002-708

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In OCCA case No. F-2002-708, Gary Don Caudill appealed his conviction for Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to modify his sentence. The original jury had recommended an 18-year sentence, but the district court imposed a 35-year sentence and a $2000 fine instead. Caudill argued that this was not fair because the court should not have given him a longer sentence than what the jury recommended. The court agreed with this claim, stating that the state had made a mistake because of a prior legal opinion that was later changed. As a result, Caudill's sentence was modified back to 18 years in prison with the same fine. The decision of the district court was affirmed, but his sentence was changed. One judge dissented.

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F-2002-202

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In OCCA case No. F-2002-202, Kenneth Glenn Thompson appealed his conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery. One judge dissented regarding the conspiracy charge, believing there was not enough evidence to support it.

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F-2002-203

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In OCCA case No. F-2002-203, Kristy Ladell Thompson appealed her conviction for robbery with a weapon, conspiracy, and assault and battery with a dangerous weapon. In an unpublished decision, the court decided to affirm the convictions for robbery with a weapon and conspiracy but reversed the conviction for assault and battery, directing that it be dismissed. One judge dissented regarding the conspiracy conviction, believing there wasn't enough evidence to support it.

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C-2002-652

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In OCCA case No. C-2002-652, the petitioner appealed his conviction for multiple offenses, including Second Degree Burglary, First Degree Burglary, Kidnapping, Larceny of an Automobile, and Robbery with a Weapon. In an unpublished decision, the court decided to grant the petitioner's appeal in part by modifying some of his sentences. However, the court affirmed the convictions and sentences for the other offenses. One judge dissented from the decision.

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F-2001-122

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In OCCA case No. F-2001-122, Joseph Edward Peyton appealed his conviction for five counts of Robbery With Firearms. In an unpublished decision, the court decided to affirm the judgment and sentence for Counts I and III, but reverse and dismiss Counts II, IV, and V. One member of the court dissented. Peyton was tried and found guilty of the robbery charges in Tulsa County. The judge sentenced him to ten years for Counts I and III, and five years for Counts II, IV, and V, with the sentences running consecutively. Peyton argued three main points in his appeal. First, he claimed that his statements to the police should not have been used against him because he was not in custody when he made them. The court found that the situation did not need Miranda warnings, so his statements were allowed as evidence. Second, Peyton argued that there wasn't enough evidence for his convictions on Counts II, IV, and V. The court agreed, stating that just being at the crime scene does not automatically make someone guilty. They found that the evidence against Peyton for those specific counts was not solid enough, and they reversed those convictions. Lastly, Peyton argued that his sentence was too harsh. However, the court disagreed, saying the sentence was appropriate and did not shock their conscience. In summary, the court upheld part of the conviction, but also recognized that not all the evidence supported Peyton's guilt on every count. The decisions made reflected careful consideration of what the law required in these types of cases.

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F-2001-503

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In OCCA case No. F-2001-503, Derrick L. Jethroe appealed his conviction for Robbery with a Firearm. In an unpublished decision, the court decided to affirm his conviction but modify his sentence to twenty years imprisonment. One judge dissented.

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C-2001-341

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In OCCA case No. C-2001-341, Terrell Dwayne Gurley appealed his conviction for multiple crimes, including robbery with a firearm, kidnapping, burglary, larceny of an automobile, possession of a firearm after felony conviction, forcible entry, and attempting to intimidate a witness. In a published decision, the court decided to reverse Gurley's conviction for one of the charges, burglary in the first degree, and ordered that this count be dismissed. The court upheld the remaining convictions and found Gurley's sentences were not excessive. One judge dissented, arguing that the laws applied in the case should be reconsidered regarding the relationship between the crimes committed.

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F 2000-292

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In OCCA case No. F 2000-292, Joe Stratmoen appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug (Methamphetamine) and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm his conviction but modified the sentence for the weapon charge. One judge dissented regarding the modification of the sentence. Stratmoen was found guilty of having methamphetamine and a weapon during a felony. At his trial, he was sentenced to 30 years for the drug charge and 20 years for the weapon charge. He raised three main issues on appeal. First, he argued that the court did not correctly explain the state’s need to prove his past convictions. Second, he claimed the jury was misinformed about the punishment ranges for the second charge. Third, he said the jury was not correctly told about the punishments for the drug offense. The court looked carefully at all the evidence and arguments presented. They decided that the way the jury was instructed about the drug charges was correct. However, they agreed that the sentence for the weapon charge should be less severe based on their interpretations of the law, setting it to the minimum of two years instead of the original twenty. One judge disagreed with the decision to lessen the sentence for the weapon charge, feeling that the jury’s sentence should be upheld. The final conclusion was that while the main conviction was upheld, the penalty for possession of a weapon was reduced.

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