Okla. Stat. tit. 21 § 701.8

F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse his convictions and remand the case for a new trial where Mitchell may have the chance to represent himself. One judge dissented. Mitchell was found guilty of serious crimes and was sentenced to life imprisonment for murder and additional years for conspiracy. He felt he was not being properly defended by his attorney and had asked multiple times to have his attorney replaced. Eventually, he requested to represent himself, expressing dissatisfaction with his legal counsel. The court found that Mitchell’s request to represent himself was clear and that he understood the risks of doing so. The court concluded that he had the constitutional right to self-representation, which had been violated when his request was denied. Although the court addressed other issues raised in Mitchell’s appeal, the main reason for the reversal was the denial of his right to represent himself. The dissenting opinion argued that the trial court acted correctly by not allowing Mitchell to self-represent due to his disruptive behavior during the trial process. In summary, the decision allows Mitchell another opportunity to conduct his own defense, considering that he properly requested this right before the trial proceedings were fully underway.

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F-2011-1062

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In OCCA case No. F-2011-1062, Scott Allen Phillips appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm Phillips' conviction and sentence, but remanded the case for consideration of whether Phillips' sentence should be suspended. One judge dissented. Scott Allen Phillips was found guilty by a jury of Lewd Molestation, which is a serious crime involving inappropriate touching of a child. He was sentenced to 25 years in prison, during which he must serve at least 85% before he can be considered for parole. Phillips claimed there were several errors during his trial that should lead to his conviction being overturned. Phillips argued that the prosecutor presented too many instances of inappropriate touching without clearly stating which one he was being accused of for the charge. He also believed there wasn't enough evidence to support the conviction. Additionally, he stated that the judge's decision not to consider a less severe punishment for him was unfair because he exercised his right to a jury trial. Phillips raised multiple issues during the appeal. The court looked at arguments closely and decided that the prosecutor's actions were correct and that they followed the law. They found that there were enough facts for the jury to conclude that Phillips had molested the child. The judges pointed out that the jury's role is to decide who they believe and what evidence to trust. Regarding the sentencing process, the judges noted that the trial judge didn't consider Phillips' request for a lesser sentence. This became important because a judge is expected to think about such requests carefully, regardless of whether the defendant went to trial. This is why the court decided to give the case back to the lower court for a fresh look at Phillips' request for a suspended sentence. Another major point Phillips raised was his concern about how the trial was handled. He asked to speak with jurors after the trial ended, hoping to gather more insight about their decision. However, the court said this was not allowed because jurors cannot discuss their deliberations or decisions after the trial is over. The court also examined the use of videotaped evidence during the trial. Phillips complained that the videos of the alleged victim’s statements should not have been shown again to the jurors while they were discussing. However, the judges felt the decision to show the videos was acceptable and did not harm Phillips' chances at a fair trial. Ultimately, the judges concluded that they would not disturb Phillips' conviction since there was sufficient evidence and no significant errors during the trial that affected the outcome. However, they did want the lower court to look again at Phillips' request for a suspension of his sentence, ensuring he had a fair chance at having that request reviewed properly. In conclusion, the court affirmed the conviction and sentence while allowing the opportunity for reconsideration regarding the potential suspension of the sentence, which shows that even in serious cases, there are processes in place to ensure fair treatment under the law.

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J 2013-0130

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In OCCA case No. J 2013-0130, D.I.S. appealed his conviction for assault and battery with a dangerous weapon. In a published decision, the court decided to reverse the order adjudicating D.I.S. as a delinquent child and remand the matter to the District Court with instructions to dismiss. One judge dissented. This case began when a Juvenile Petition was filed on July 25, 2012, against D.I.S., who was just 14 years old. He was charged with three counts of assault and battery with a dangerous weapon in Pontotoc County. After a hearing on February 5, 2013, the judge found that D.I.S. had committed the offenses and declared him a delinquent child. He was ordered to stay with his mother under supervision until another court hearing about his situation. D.I.S. appealed this decision, arguing that the evidence wasn’t strong enough to prove he used a dangerous weapon, or that he had intent to cause serious harm. The law requires that to be declared a delinquent child, the evidence must clearly show proof beyond a reasonable doubt. The appeals court agreed with D.I.S. and said that the evidence was not sufficient to support the idea that he was guilty of assault and battery with a dangerous weapon. Therefore, they reversed the previous ruling and instructed the lower court to dismiss the case against him. The case was important because it highlighted the need for strong evidence when judging a child in the juvenile justice system. The court made it clear that if the facts aren’t strong enough, they cannot find a child guilty of serious charges. This ruling protects the rights of young people by ensuring they are only judged based on solid evidence.

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S-2012-554

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In OCCA case No. S-2012-553, Frank Lee Armstrong appealed his conviction for unlawful drug charges. In a published decision, the court decided to affirm the district court's ruling that suppressed the evidence obtained during the search of a vehicle occupied by Armstrong and Sheila Carol Johnson. Johnson also appealed her conviction in a related case, S-2012-554. The court found that the law enforcement officers did not execute the search warrant in a timely manner as required, which led to the suppression of the evidence. The judge's determination was based on the conclusion that the search was not conducted immediately as directed by the issuing judge, and therefore, the court upheld the lower court's decision, sustaining the motions to suppress. No dissenting opinion was filed.

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RE 2012-0259

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In OCCA case No. RE 2012-0259, the appellant, Samuel David Murich, appealed his conviction for possession of a controlled dangerous substance. In a published decision, the court decided that the revocation of Murich's suspended sentences was not valid because the State did not prove the finality of the conviction it used to revoke his probation. The court agreed with Murich’s argument and reversed the revocation. One judge dissented.

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RE-2011-606

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In OCCA case No. RE-2011-606, Douglas Raymond Norwood appealed his conviction for unlawful possession of a controlled drug (cocaine) with intent to distribute. In an unpublished decision, the court decided to affirm the order revoking Norwood's suspended sentences but vacated the portion of the order that unlawfully lengthened his sentences. One judge dissented. Here's a simple summary of what happened in the case: Norwood was given a six-year sentence for possessing cocaine, but this was suspended, meaning he didn’t have to go to jail right away if he followed certain rules. Later, he had problems following those rules, which led to more charges against him for drug possession. He confessed to these new charges and took a plea deal, which resulted in longer sentences. After some time, a judge reviewed his case and decided to reduce his sentences but required him to go to a program called Avalon after he got out of jail. Norwood didn’t manage to get into Avalon because he couldn't pay the admission fees, which led the judge to completely revoke his suspended sentences. Norwood argued in court that the judge shouldn’t have done that because he had followed some of the rules, and he claimed he didn't intend to break those rules. However, the court found that he didn’t follow the requirement to report to Avalon properly. In the final decision, the court agreed with Norwood about a mistake in how his sentence was handled, stating that the judge had taken away more time than he should have. But overall, the court decided that Norwood had violated his probation, so he had to serve his time in jail as determined by the judge.

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F-2011-407

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In OCCA case No. F-2011-407, Kevin Maurice Brown appealed his conviction for multiple counts of robbery and firearm possession. In an unpublished decision, the court decided to affirm his convictions on all counts except for one count of possession of a firearm, which was reversed. One judge dissented. Kevin Brown was found guilty of robbing several businesses in Tulsa, using a firearm during these crimes. The jury decided on severe punishment, including life imprisonment and hefty fines. The trial also took note of Brown's previous felonies, which influenced the decisions. During the case, issues arose regarding double punishment for two counts of firearm possession that were related to the same gun. Brown’s defense argued that charging him with both counts violated the principle against double jeopardy, which protects individuals from being punished multiple times for the same crime. The court agreed that the evidence showed he was being punished twice for the same offense, which is not allowed, and reversed the conviction for one of those counts. Brown also felt he didn’t receive good legal help during his trial because his lawyer didn’t challenge the double counting of the firearm charges. However, since one count was reversed, this concern was considered resolved. Additionally, Brown thought his sentences were too harsh, especially since no one was hurt in the robberies. The court stated that while the sentences were serious, they were within the law, and given his past convictions, they did not seem extreme or unjust. Brown submitted additional concerns in a separate brief, but these were not accepted because they did not follow required guidelines. As a result, the court denied those arguments. In summary, while Brown's convictions for robbery and firearms were mostly upheld, one of the firearm possession counts was overturned due to improper double punishment. The court found no errors significant enough to change his overall sentence, which reflected the severity of the crimes committed.

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C-2012-277

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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.

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F 2011-1045

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In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.

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F 2011-1043

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In OCCA case No. F 2011-1043, Ricky Carlos Colbert appealed his conviction for assault and battery on a police officer and larceny of merchandise from a retailer. In an unpublished decision, the court decided to affirm the convictions but ordered the case to be sent back to correct the judgment and sentence to show the correct crime of assault and battery on a police officer. One judge dissented. Colbert was found guilty of assaulting a police officer after he was identified during a video of the crime. He raised several arguments for his appeal, including ineffective assistance of counsel, errors in jury instructions, introduction of evidence, prosecutorial misconduct, inaccuracies in his sentence, and cumulative errors. The court carefully examined each argument. 1. For the first point, the court decided that Colbert's lawyer did not provide ineffective assistance. They felt his strategy in the case was acceptable, even if it didn't work out as planned. The lawyer's decision to dispute Colbert's identity rather than claiming he committed a lesser crime was valid, according to the court. 2. For the second point about not instructing the jury on a lesser offense, the court found that Colbert did not ask for this instruction, so they only looked for obvious errors (plain error). They concluded there was no plain error. 3. Regarding evidence, the court said the video of the crime was properly introduced, as there were no objections during the trial. 4. On the issue of prosecutorial misconduct, the court found no serious wrongdoing from the prosecutors. 5. The fifth point involved many mistakes in the judgment, which required a remand to correct records to indicate the correct conviction. 6. Lastly, the court found there were no individual errors that required relief, so cumulative error claims were not valid. Overall, the court concluded to send the case back for corrections but allowed the original convictions to stand. Colbert’s request for a hearing about his lawyer’s effectiveness was also denied.

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C-2012-381

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In OCCA case No. C-2012-381, #1 appealed his conviction for #2. In a (published) decision, the court decided #3. #4 dissented. Gary Alan Stine took an Alford plea, which means he didn't admit guilt but accepted the punishment, to several serious crimes including indecent exposure and rape. He was sentenced to many years in prison, with some parts of his sentences running at the same time. Later, Stine tried to withdraw his guilty plea, claiming his sentence was unfair and that the participation of a guardian ad litem, who looks out for the interests of a child in court, negatively impacted his case. He believed this guardian acted too much like a prosecutor, which he thought was wrong. Stine also thought his lawyer did not help him properly during his case. The court looked carefully at everything, including the original records and what was said in court. They found that Stine's claims about both the guardian's role and his lawyer's performance were not valid. They noted that Stine had properly understood the charges against him and his sentence. Because of this, the court decided there wasn't enough reason to change Stine's plea or his sentence. They agreed that some parts of Stine's requests weren't even considered because they were not raised properly earlier. The court also found there was a mistake in the written document of his sentence that needed correcting, but that was just a small clerical issue, not a bigger problem with his case. In the end, the court denied Stine's petition to withdraw his plea and said they would correct the written sentence to match what was said in court.

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S-2012-194

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In OCCA case No. S-2012-194, Campbell appealed his conviction for Driving Under the Influence. In a published decision, the court decided to affirm the lower court's ruling to suppress evidence and dismiss the case, meaning Campbell's charges were dropped. No one dissented. Here’s a summary of what happened: James Monroe Campbell was accused of driving under the influence of alcohol. Before the trial began, he asked the court to dismiss the case by filing a request called a Motion to Dismiss. During a hearing before the trial, the judge decided that the evidence against Campbell should not be used, and this meant the case was dismissed. The State of Oklahoma, unhappy with this decision, decided to appeal, which means they wanted another court to review what happened. They filed their appeal based on certain laws that say they have the right to challenge the dismissal of cases when it involves important evidence being excluded. The State argued two main points in its appeal. First, they claimed the judge made a mistake by dismissing Campbell's case because he believed Campbell broke the law by not staying entirely in one lane while driving. Second, they argued the judge was wrong because the police officer had a good reason to stop Campbell’s car in the first place. To decide if the original judge made a mistake, the court looked at whether the officer had a reasonable suspicion to pull Campbell over. A reasonable suspicion is a legal term meaning the officer had a good reason to believe a law was possibly being broken. The officer in this case stated that he stopped Campbell because he saw Campbell's car touch the line marking the lane. However, when the judge looked closely at the evidence, including a video of the incident, she thought that Campbell was driving pretty straight and did not see enough evidence to support the claim that he was breaking any laws. The judge also mentioned that the officer’s concerns did not seem strong enough to justify the stop. Therefore, she decided to dismiss the case because there was not enough evidence to support stopping Campbell's car. When reviewing the situation, the appeals court sided with the original judge's decision and agreed that there was no abuse of discretion, meaning they believed she made the correct choice based on the information available. The court also stated that since the issue of Campbell possibly driving under the influence wasn't raised during the earlier hearing, they could not consider that during the appeal. In conclusion, the court upheld the decision to suppress evidence and dismissed the charges against Campbell, which was a win for him.

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C-2012-52

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In OCCA case No. C-2012-52, #Green appealed his conviction for #Child Neglect, Child Abuse, and Possession of Marijuana. In an unpublished decision, the court decided #to grant the petition for a writ of certiorari and remand the case for a new hearing on Green's motion to withdraw his plea. #No one dissented. Terry Lamar Green was in trouble for neglecting and abusing a child, and for having marijuana. After he admitted to these crimes, he was given a very long prison sentence. He was supposed to spend life in prison for the neglect and abuse charges, and he also got some additional time for the marijuana possession. Green felt upset and wanted to change his mind about pleading guilty. He asked to take back his guilty plea, which is called a motion to withdraw his plea, but his lawyer wanted to quit the case because they had some disagreement about what was going on. However, the judge said the lawyer couldn’t leave. Green believed this was unfair since he really needed a lawyer who didn't have a conflict of interest to help him with the hearing about changing his plea. The court looked into Green’s arguments carefully. It noted that the lawyer had a real problem because she was worried about possibly being a witness in the case. This could affect how she represented Green, and the judge didn't seem to understand that her interests were different from Green's at that moment. This meant that Green did not get the help he truly needed when he most needed it. Because of these issues, the court decided that Green was entitled to have a different lawyer represent him at the hearing about withdrawing his plea. They needed to make sure he had someone who could defend him without any problems. The court then decided that they needed to send the case back so that Green could have a new hearing with a lawyer who didn’t have a conflict. They also noticed that there was a missing document related to his marijuana charge, so they ordered that to be fixed too. Overall, the court recognized that Green had rights that were not properly protected, so they made the decision to help him have another chance to argue his case.

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F-2011-563

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In OCCA case No. F-2011-563, Ronnie Lee Martin appealed his conviction for Trafficking in Illegal Drugs After Former Conviction of Three Felonies. In an unpublished decision, the court decided to reverse the conviction and remand for further proceedings consistent with the opinion. One judge dissented. Ronnie Lee Martin was found guilty after a bench trial, meaning there was no jury, and received a life sentence without the chance for parole. Martin's case stemmed from a traffic stop where drugs were discovered in his possession. The police officer who stopped the car noticed Martin acting suspiciously and later found a substantial amount of crack cocaine during a search of Martin's belongings. Initially, Martin was charged with possession of cocaine with the intent to distribute, which could have resulted in a sentence of four years to life. However, a plea deal of ten years was offered but not accepted due to Martin's attorney advising against it. Later, after more evidence was presented, Martin was charged with the more serious crime of trafficking, which led to a mandatory life sentence without parole. Martin claimed his attorney failed to provide effective counsel, particularly in advising him about the plea deal. The court found his attorney's performance to be deficient, as he did not read important documents that would have clarified the seriousness of Martin’s situation. Additionally, the attorney failed to prepare properly for both pretrial motions and the trial itself. The court looked at the history of Martin's defense lawyer and noted that this attorney had been previously disciplined for ineffective practices, which raised concerns about Martin's representation throughout the trial. The judge stated that Martin was denied a fair trial, and as a result, the court had no choice but to reverse the conviction and send the case back for a new trial. In summary, the court determined that due to many errors made by Martin's lawyer, he did not receive sufficient legal representation, and therefore, his convictions could not stand. Martin’s journey through the legal system was marked by these failings, which ultimately led to the court's decision to give him another chance to defend himself properly.

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C-2012-714

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In OCCA case No. C-2012-714, the petitioner appealed his conviction for larceny of merchandise from a retailer and resisting an officer. In a published decision, the court decided to affirm the conviction for larceny but to reverse and remand the conviction for resisting an officer. One member of the court dissented. The case began when Darrell Odell Golden was charged with stealing merchandise from a department store and for resisting arrest after being approached by law enforcement. Golden stole items valued over $1,000, and when police tried to arrest him, he ran away. Golden pled guilty to both charges but later wanted to withdraw his plea, arguing that he was confused about his possible sentence and that he did not understand the charges properly. The court found that while Golden’s plea for larceny was valid, his plea for resisting an officer lacked evidence of the required force or violence, which is necessary to support that charge. Therefore, the court allowed him to withdraw his guilty plea for that particular count but upheld his conviction for larceny. Ultimately, the decision meant that Golden will keep his larceny conviction and its associated penalties, but the charge of resisting an officer was overturned, allowing for further legal proceedings on that matter.

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C-2011-592

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In OCCA case No. C-2011-592, Philipe Jean Pace appealed his conviction for Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies. In a published decision, the court decided to grant the writ and allow the Petitioner to withdraw his plea and proceed to trial. One judge dissented. Philipe Jean Pace was charged with a crime and, instead of going to trial, he decided to plead nolo contendere, which means he did not contest the charges. The trial judge accepted his plea and sentenced him to twenty years in prison, but he only had to serve the first ten years. After the plea, Pace wanted to change his mind and asked to withdraw his plea, but the court said no. In his appeal, Pace argued two main points. First, he said he didn't understand what he was doing when he gave up his right to have a lawyer help him. He claimed that he didn't really know what would happen if he represented himself. Second, he believed that he was confused and didn’t make a proper decision to plead guilty. The higher court looked at all the details, including what happened in the trial court. They found that the original court did not really explain to Pace the risks of not having a lawyer. They noted that just because he had signed a form saying he wanted to waive his right to counsel, it didn't mean he actually understood what he was giving up. The judges pointed out that there was no evidence in the record that he was properly informed about the dangers of self-representation or that he clearly stated he wanted to represent himself. Because of these problems, the higher court ruled that the lower court made a mistake when it denied Pace's request to withdraw his plea. They believed it was important for a person to fully understand their rights and the consequences of their choices in court. As a result, the court decided that Pace could withdraw his plea and would be able to have a trial.

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F-2010-665

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In OCCA case No. F-2010-665, Roy C. Williams appealed his conviction for Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to reverse one count of his conviction while affirming the others. One judge dissented. Roy C. Williams was sentenced for his involvement in a drive-by shooting that resulted in the death of one person and injuries to another. Williams was found guilty by a jury in the Tulsa County District Court of two counts related to using a vehicle in the shooting and one count for murder. The judge sentenced him to a total of eighteen years in prison, which included twelve years for the murder charge and three years for each of the other counts, to be served one after the other. Williams raised several arguments as reasons for appealing his conviction. He believed that his confession to the police should not have been used against him because he claimed he did not have his right to remain silent protected. He also thought that the evidence against him was not strong enough to support his convictions. Upon reviewing the case, the court decided that the law enforcement officials acted correctly when they obtained Williams's confession. The court said that he willingly talked to them, so this argument was denied. Regarding the second argument, the court noted that Williams knowingly drove to a place where rival gang members were located with guns in the vehicle. This behavior was enough to show he was part of the act that led to the shooting, so this argument was also denied. The third argument was about a legal principle called the merger doctrine. Williams’s defense argued that his felony murder charge should not stand because it was related to the same act as the charge for using a vehicle to facilitate the shooting. However, the court decided to keep the felony murder conviction, stating that both charges could stand because of the way the law is now interpreted. For his fourth argument concerning double jeopardy, which means a person cannot be tried for the same crime twice, the court agreed. They stated that the charges were based on the same set of facts, so they could not convict him on both counts pertaining to the same act. Because of this, the conviction for the second count of using a vehicle was reversed. The fifth argument was about whether Williams should receive credit for the time he spent in jail before the trial. The court ruled that it was up to the trial judge to decide whether to grant that credit and found no evidence that the judge made a mistake in denying it. This argument was also denied. The sixth argument claimed that his lawyer did not do a good job representing him during the trial. The court found that even if his lawyer made some mistakes, they did not affect the overall outcome of the case. After reviewing all of his arguments, the court decided to reverse the second count concerning the vehicle but kept the murder conviction and the first charge intact. Thus, Williams had mixed results from his appeal, with one conviction dismissed but others upheld. In conclusion, the decision resulted in one count being reversed and the remaining convictions affirmed, meaning Williams would continue to serve his sentence, minus the count that was reversed.

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RE-2010-762

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In OCCA case No. RE-2010-762, Mason appealed his conviction for possession of marijuana with intent to distribute. In a published decision, the court decided to affirm the revocation of Mason's suspended sentence but ordered a correction regarding the time served. One judge dissented. Mason had previously entered a guilty plea for a drug-related charge and received a suspended sentence, which meant he didn’t have to go to prison immediately but had to follow certain rules. Over time, he violated those rules several times. The state government, which is responsible for enforcing the law, filed multiple applications to revoke his suspended sentence due to his failures to comply with the terms of probation. He confessed to some of the allegations against him, such as not completing community service and not paying fees. After multiple chances and extensions given by the court to fix his issues, Mason still did not follow the rules. For example, he used drugs again and didn’t seek help as he was supposed to. At a hearing, the court found that Mason did not meet the terms of his probation and decided to revoke his suspended sentence completely. Mason argued that the court shouldn’t have been able to take away the whole suspended sentence because he had already served some time. The court agreed that Mason needed to be credited for time served but found it was appropriate to revoke the rest of the suspended sentence given that he didn’t comply when given chances. The final decision was to affirm the judgment that Mason had violated probation, but with instructions to the lower court to ensure they correctly noted how much time was left on his sentence. In conclusion, while Mason's appeal did not succeed in changing the outcome of the revocation, he was recognized for the days he had already spent in custody.

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F-2010-495

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In OCCA case No. F-2010-495, Marco Lamonte Carroll appealed his conviction for one count of Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to affirm his convictions for Counts 1 and 3 but reverse Count 2 based on double jeopardy grounds. One judge dissented. Carroll was found guilty in a case related to a drive-by shooting that led to one person's death and another's injury. The evidence indicated that there were multiple guns in the vehicle, and shots were fired from more than one of them. The jury's conclusion that Carroll participated in the incident was deemed sufficient by the court. Carroll raised several reasons for his appeal. He argued that there wasn't enough evidence for the charge of Drive-by Shooting, which also supported his Second-Degree Murder conviction. He believed that the merger doctrine should mean his murder charge couldn't be based on the same act that caused the death, meaning his murder conviction should be vacated. He claimed that being convicted of both murder and using a vehicle to facilitate the shooting violated double jeopardy laws, which protect from being tried for the same crime twice. Finally, he argued that the trial court wrongly refused to give him credit for the time he spent in jail before the trial. After looking closely at all the arguments and the case records, the court upheld Carroll's convictions for Second Degree Murder and Using a Vehicle to Facilitate the Discharge of a Firearm related to the second shooting incident. However, they agreed that counting the charge for the first shooting incident separately violated double jeopardy principles, leading to the reversal of that conviction. Overall, while Carroll's main murder conviction and the second vehicle charge were confirmed, the charge of Using a Vehicle to Facilitate the Discharge of a Firearm from the first shooting was dismissed. The court concluded that the trial judge had functioned properly regarding the defendant's time served and did not find grounds to change that part of the decision.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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RE-2010-706

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In OCCA case No. RE-2010-706, Cynthia McGhee appealed her conviction for embezzlement and using a computer to defraud. In an unpublished decision, the court decided to reverse the order revoking three years of her suspended sentence. One judge dissented. Here is a brief summary of the case: Cynthia McGhee was originally sentenced in 2004 for embezzlement and related charges. She received a total of fifty years in prison, but twenty of those years were suspended, meaning she did not have to serve that time in prison as long as she followed certain rules. One of the rules was that she had to pay back a large amount of money, over $244,000, which she had taken in the embezzlement. In 2010, the state accused her of not paying the money she owed. A judge held a hearing to discuss this. McGhee admitted she did not pay the restitution but argued that it was not because she didn't want to, but because she couldn't afford to. The judge decided to revoke three years of her suspended sentence because McGhee failed to pay. On appeal, the court looked at whether the district judge made a mistake. The court found that McGhee had shown enough evidence to suggest that her inability to pay was not her fault. They explained that a person's probation should not be revoked for not paying money unless it is proven they could have paid it and chose not to. The original judge had not considered McGhee's ability to pay when making the decision. Therefore, the Court of Criminal Appeals decided that the revocation of McGhee's suspended sentence was an abuse of discretion, meaning the judge made a wrong choice. They reversed the decision and sent the case back for a new hearing to determine if McGhee could pay the restitution.

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F-2010-572

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In OCCA case No. F-2010-572, Earsley appealed her conviction for uttering two or more bogus checks exceeding $500.00. In an unpublished decision, the court decided to reverse the order that accelerated her deferred sentence. The decision was based on the finding that the lower court did not consider Earsley's ability to pay restitution and court costs, which Earsley argued was a necessary factor in determining whether her failure to pay was willful. One member of the court dissented.

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F-2010-558

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In OCCA case No. F-2010-558, Torrez Ceasar appealed his conviction for Possession of Controlled Dangerous Substance (PCP) with Intent to Distribute. In an unpublished decision, the court decided to reverse the conviction and modify it to Possession of Controlled Dangerous Substance (PCP) alone, with a sentence of imprisonment for twenty years. One judge dissented. The case began when Ceasar was tried by a jury and found guilty of possessing PCP with the intent to distribute it. The trial took place in the District Court of Oklahoma County, where the judge sentenced him to a long prison term of twenty-five years. Ceasar challenged his conviction on several points. First, Ceasar argued that the evidence did not prove he was guilty beyond a reasonable doubt. He claimed the state failed to show that he actually possessed the PCP or that he intended to distribute it. The court examined whether a reasonable person could have found him guilty based on the evidence presented. They found enough evidence to support that he had thrown a bottle of PCP into a car, suggesting he had possession of it. However, the question of whether he intended to distribute it was more complex. The law stated that merely having a drug is not enough to show intent to distribute. The court compared Ceasar's situation with another case where the defendants had a large amount of marijuana but were not selling it. The court noted that without proof of other selling signs, such as packaging for sale or cash, it was not clear if Ceasar intended to distribute the drugs. The evidence related to Ceasar's intoxication seemed more consistent with personal use rather than distribution, leading to the decision to change his conviction to simple possession of PCP. Ceasar also raised concerns about the admission of evidence related to his alleged gang affiliation. The court concluded that while this type of evidence can be seen as unfairly prejudicial, in this case, it did not significantly impact the trial outcome. The reference to gang signs was deemed minor and not overly emphasized during the trial, so the decision to allow it was considered fair. Lastly, Ceasar argued that the trial judge erred by not allowing his jury to consider a lesser charge of public intoxication. However, the court determined that public intoxication was not a lesser included offense of drug possession with intent to distribute. The laws concerning these charges protected different public interests, so the judge was correct in denying this instruction to the jury. In summary, after reviewing all arguments and the evidence, the court found that Ceasar's original conviction for Possession of Controlled Dangerous Substance with Intent to Distribute was not supported by sufficient evidence of intent to distribute. Therefore, his conviction was changed to simply possessing the substance, and the sentence was adjusted to twenty years in prison. The dissenting opinion raised concerns about the majority interpretation of intent and evidence but ultimately, the revised conviction stood.

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F-2010-555

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In OCCA case No. F-2010-555, Keighton Jon Budder appealed his conviction for First Degree Rape (Counts I and III), Assault and Battery with a Deadly Weapon (Count II), and Forcible Oral Sodomy (Count IV). In an unpublished decision, the court decided to modify his sentences for Counts I and III to life imprisonment with the possibility of parole. One judge dissented.

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RE-2010-457

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In OCCA case No. RE-2010-457, Jacquelin Clariece Alexander appealed her conviction for possession of a controlled dangerous substance and possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the revocation of her suspended sentence for one charge, but reversed the revocation for the other charge, sending it back for dismissal. One member of the court dissented.

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