Okla. Stat. tit. 21 § 888

C-2021-504

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In OCCA case No. C-2021-504, Starlyn Sean Hill appealed his conviction for multiple serious crimes, including aggravated possession of child pornography and multiple counts of rape and sodomy. In an unpublished decision, the court decided to grant his appeal, allowing him to withdraw his guilty plea. One judge dissented from the opinion. Hill had pleaded guilty to several counts, and upon sentencing, he received a lengthy prison term. After his plea, he filed a motion to withdraw it, arguing that he felt rushed into making his decision and that he was misinformed about the potential consequences. He also raised issues regarding the statute of limitations for some of the charges, claiming that ten of them should not have been prosecuted because they were filed too late. The court reviewed the case and found that the prosecution for some of the counts may indeed have been beyond the statute of limitations. They concluded there were errors in how Hill’s plea was accepted, particularly as he did not properly waive his right to challenge the statute of limitations on several counts. This led the court to determine that his guilty plea was not made voluntarily or intelligently. As a result, the court vacated Hill's judgment and sentence and instructed that he be allowed to withdraw his guilty plea. The case was sent back to the lower court for further proceedings that would not contradict this new decision.

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F-2019-854

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In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

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F-2018-1023

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON LEE SCHEMMER,** Appellant, v. **THE STATE OF OKLAHOMA,** Appellee. **Case No. F-2018-1023** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **JAN 23 2020** **SUMMARY OPINION** **JOHN D. HADDEN** **CLERK** **LUMPKIN, JUDGE:** Appellant, Cameron Lee Schemmer, was tried by the court and convicted of Count 1, Forcible Sodomy, in violation of 21 O.S.2011, § 888, and Counts 2-4, Lewd Molestation, in violation of 21 O.S.2011, § 1123, in Kingfisher County District Court, Case No. CF-2017-96. The trial court sentenced Appellant to twenty years imprisonment with all but the last five years suspended for Count 1. For Counts 2-4, the court sentenced him to twenty-five years imprisonment on each count, to run concurrently to one another but consecutively to the sentence for Count 1. As a result, Appellant will be required to serve 85% of his sentences before becoming eligible for parole, as per 21 O.S.Supp.2015, § 13.1. From this judgment and sentence, Appellant appeals, raising the following propositions of error: **I.** The record in this case does not sufficiently demonstrate that Appellant knowingly and voluntarily waived his right to a jury trial. **II.** Mr. Schemmer received an excessive sentence when the trial court followed the wrong sentencing statute. Upon thorough consideration of these propositions and the entire record, including the original record, transcripts, and briefs of the parties, we find no relief is warranted under the law and evidence presented. **Proposition I:** Appellant argues that the record is insufficient to support a finding that he knowingly and voluntarily waived his right to a jury trial. Since he did not object before the non-jury trial, we review this claim for plain error, as established in *Simpson v. State*, 1994 OK CR 40, 876 P.2d 690. Plain error requires that Appellant demonstrate an actual error that is plain or obvious and affects substantial rights. A defendant may waive their right to a jury trial, but the waiver must be knowingly, competently, and intelligently made. The record shows that prior to trial, the court engaged in a colloquy with Appellant regarding his jury trial waiver. Appellant confirmed his satisfaction with his attorney and expressly indicated his desire to waive the jury trial right. This established a knowing and intelligent waiver by Appellant. Therefore, we deny this proposition as the trial court's assessment was in compliance with the law. **Proposition II:** Appellant contends his sentence is illegal because the Information alleged that R.N. was a child under sixteen, not under twelve. Thus, Appellant argues that the sentencing range should have been from one or three years to twenty years instead of a minimum of twenty-five years, as required when the child is under the age of twelve. Since Appellant failed to object at sentencing, we again look for plain error. The Information indicated that R.N. was under the age of sixteen at the time of the offenses, and the evidence revealed she was ten years old when the abuse began and eleven when it ceased. Appellant was charged under 21 O.S.2011, § 1123(A), which necessitates a minimum of twenty-five years imprisonment when the child is under twelve years of age. A court in a non-jury trial retains the presumption of knowing the law correctly. The facts show that R.N. was indeed under twelve when the offenses occurred, and the court found this circumstance beyond a reasonable doubt. Therefore, the claim of an illegal sentence based on an erroneous application of the statute is without merit. **DECISION:** The **JUDGMENT and SENTENCE is AFFIRMED**. Pursuant to Rule 3.15, the **MANDATE is ORDERED issued** upon this ruling. **APPEARANCES:** **Trial Counsel:** Blayne Allsup **Appellate Counsel for Appellant:** Cindy Brown Danner **Counsel for State:** John Salmon, Assistant District Attorney, and Theodore M. Peepers, Assistant Attorney General. **OPINION BY:** LUMPKIN, J. **COUNSEL FOR THE STATE:** CONCURS **LEWIS, P.J.:** Concur **KUEHN, V.P.J.:** Concur in Result **HUDSON, J.:** Concur **ROWLAND, J.:** Concur **KUEHN, V.P.J., CONCURRING IN RESULT:** While I concur with the outcomes reached, I note a discrepancy in the standard of review applied to Proposition I. The burden rests with the State to prove any constitutional error harmless beyond a reasonable doubt, as highlighted in *Chadwell v. State* and *Chapman v. California*. The majority's application of the plain error standard does not recognize this shifting burden adequately. **[Document ends here]**

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F-2018-566

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This text is a legal opinion from the Oklahoma Court of Criminal Appeals regarding the case of Keenan Lynn Holcomb, who was convicted of multiple crimes including first degree murder, unlawful removal of a dead body, kidnapping, and forcible oral sodomy. The appeal discusses various propositions raised by the appellant, including issues with the admission of evidence, sufficiency of evidence for specific charges, claims of ineffective assistance of counsel, and concerns about the trial court's discretion regarding credit for jail time served. The court ultimately affirmed the convictions and sentences, concluding that the trial court did not abuse its discretion in its rulings, that the evidence was sufficient to support the convictions, and that claims of ineffective assistance and other errors did not merit relief. The opinion emphasizes the role of the jury in determining the facts of the case, as well as the importance of the defendant's right to confront witnesses and the sufficiency of prior cross-examination. For further reading or reference, a PDF of the full opinion is available through the provided link.

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RE-2018-925

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JAREN GLENN SELLERS,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. RE-2018-925** **Filed May 23, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Jaren Glenn Sellers appeals from the revocation of his suspended sentences in Pontotoc County District Court Case No. CF-2012-390. On September 13, 2013, Appellant entered negotiated Alford pleas to First Degree Rape (21 O.S.2011, § 1114) (Count 1) and Forcible Sodomy (21 O.S.2011, § 888) (Count 2). He was sentenced to a term of imprisonment for ten years on each count, all suspended, to be served concurrently. On January 16, 2018, the State filed an amended application to revoke the suspended sentences alleging that Appellant committed the new crime of Aggravated Assault and Battery. A revocation hearing was held on August 27, 2018, before the Honorable Gregory Pollard, Special Judge. Judge Pollard granted the State's application and revoked seven years of Appellant's ten-year suspended sentences. On appeal, Appellant asserts the revocation was excessive. **ANALYSIS** At a hearing where the State seeks revocation of a suspended sentence, the question is whether the suspended portion of the sentence should be executed. The court makes a factual determination as to whether the terms of the suspension order have been violated. The violation need be proven only by a preponderance of the evidence. A trial court's decision to revoke a suspended sentence should not be overturned absent a finding of an abuse of discretion. We do not find the decision to revoke seven years of Appellant's suspended sentences to be an abuse of discretion. The credibility of witnesses and the weight given their testimony are within the exclusive province of the trier of fact, who may believe or disbelieve the witnesses as it desires. The decision of the trial court to revoke a suspended sentence, in whole or in part, is within the sound discretion of the trial court and will not be disturbed absent an abuse thereof. Judge Pollard considered all evidence presented during the revocation hearing. His decision to partially revoke Appellant's suspended sentence cannot be considered an abuse of discretion. **DECISION** The order of the district court of Pontotoc County revoking a portion of Appellant's suspended judgments and sentences in Case No. CF-2012-390 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon delivery and filing of this decision. --- **AN APPEAL FROM THE DISTRICT COURT OF PONTOTOC COUNTY** **THE HONORABLE GREGORY POLLARD, SPECIAL JUDGE** **APPEARANCES ON APPEAL** **COUNSEL FOR DEFENDANT:** LLOYD B. PALMER 1609 ARLINGTON ADA, OK 74820 **COUNSEL FOR APPELLANT:** MARK P. HOOVER INDIGENT DEFENSE SYSTEM P.O. BOX 926 NORMAN, OK 73070 **COUNSEL FOR THE STATE:** TARA M. PORTILLO ASST. DISTRICT ATTORNEY P.O. BOX 146 ADA, OK 74821 **ASST. ATTORNEY GENERAL:** MIKE HUNTER JENNIFER B. MILLER COUNSEL FOR APPELLEE 313 N.E. 21st STREET OKLAHOMA CITY, OK 73105 **OPINION BY:** KUEHN, V.P.J. **LEWIS, P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **HUDSON, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-925_1734359840.pdf)

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RE-2018-249

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

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F-2017-758

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In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

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F-2017-599

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In OCCA case No. F-2017-599, Christopher Michael Hildebrandt appealed his conviction for First Degree Rape of a Child under 14, Forcible Sodomy, and Abduction of a Person Under 15. In an unpublished decision, the court decided to affirm the convictions but vacated the assessment of prosecution reimbursement costs of $960.00. One judge dissented. The case involved a jury trial where Hildebrandt was found guilty of serious charges against a minor. The jury recommended sentences of 25 years for the first charge, 20 years for the second, and 5 years for the third, all of which were to be served one after the other. Hildebrandt raised several reasons for his appeal. He claimed that evidence from his car was obtained illegally because law enforcement acted outside their jurisdiction. However, the court determined that even if the car was seized unlawfully, the subsequent search conducted with a warrant made the evidence valid. He also argued that the jury selection was unfair because two minority jurors were removed based on race. The court found that the reasons given for their removal were valid and not racially biased. Furthermore, Hildebrandt pointed out that an emotional outburst from the victim's father during the trial could have influenced the jury. The court ruled that there was no need for the judge to inquire about the impact of the outburst because steps were taken to address the situation. He challenged the foundation for evidence presented at trial and whether he received proper notice of the charges. The court found that challenges to evidence would not have changed the outcome of the trial. Hildebrandt also asserted that his defense attorney did not help him adequately during the trial, but the court disagreed, noting that any objection his attorney might have made would have likely been denied. Lastly, he argued that his sentences were too harsh and should have been served concurrently instead of consecutively. The court upheld the sentences as appropriate given the serious nature of the crimes. However, they acknowledged that the assessment for reimbursement costs was incorrectly applied, leading to the decision to remove that specific charge. In conclusion, while the court found some merit in Hildebrandt's claims regarding prosecution reimbursement costs, they ruled that the convictions and the sentences were legally justified.

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F-2015-457

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In OCCA case No. F-2015-457, Christopher Wayne Goldman appealed his conviction for First Degree Rape, Rape by Instrumentation, Forcible Sodomy, and Incest. In a published decision, the court affirmed the convictions for the first three counts but reversed and dismissed the conviction for Incest. One member of the court dissented. Goldman was found guilty of serious crimes related to sexual offenses against his niece. The jury recommended prison sentences that ran together for counts related to rape, sodomy, and separately for the count of incest. Goldman raised several issues in his appeal. He argued that there wasn’t enough evidence to prove his guilt for some charges, that unfair evidence was presented, that the prosecutor acted improperly, and that he did not receive adequate help from his attorney during the trial. The court agreed that the incest conviction should be reversed because it was based on the same act as the rape, which is not allowed by law. This meant Goldman was improperly punished for two things for doing one act, which is unfair. However, the court found sufficient evidence to support the convictions for First Degree Rape and Forcible Sodomy, stating that a jury could reasonably decide he was guilty based on the evidence presented. Goldman's claims about the prosecution and defense lawyer's conduct were reviewed, but the court found that the lawyers acted within their rights. The evidence of Goldman’s behavior after he was accused, which included uncomfortable actions in a police room, was allowed in the trial since it showed his possible guilt. In conclusion, while Goldman did not get relief for all his claims, the court recognized an important mistake about the incest charge and fixed it by not allowing that conviction to stand.

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JS 2015-1076

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In OCCA case No. JS 2015-1076, R.Z.M. appealed his conviction for Forcible Oral Sodomy. In a published decision, the court decided to affirm the trial court's order that dismissed the charge. One judge dissented. R.Z.M. was born on November 21, 1997, and was charged with serious crimes in Tulsa County. The charges included Rape-First Degree and Forcible Oral Sodomy. However, the first charge was dismissed before the trial. When it came to the second charge, R.Z.M.'s defense team asked to have it dismissed too. The judge agreed and granted the motion to dismiss on November 30, 2015. The State of Oklahoma was not happy with this decision, so they decided to appeal it. They argued that the trial court made a mistake by ruling that someone cannot be charged with Forcible Sodomy if the victim is too intoxicated to be aware during the act. However, the court decided that there was no error in the trial court’s ruling. The opinion explained that the law about Forcible Sodomy does not mention anything about intoxication. In this case, the law is very specific and does not allow for broad interpretations. Since the law does not include intoxication as a reason for the crime of Forcible Sodomy, the dismissal was upheld. In summary, the court sided with R.Z.M. and kept the trial court's decision to dismiss the charge.

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C-2014-139

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In OCCA case No. C-2014-139, Clifford Eugene Teel appealed his conviction for lewd molestation, forcible sodomy, and indecent exposure. In an unpublished decision, the court decided to grant his request to withdraw his guilty pleas and allowed him to enter new pleas for the charges. The dissenting opinion was not specified. Teel had entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. The judge sentenced him to a total of twenty years for some charges and ten years for another, all to be served together. Later, Teel wanted to change his plea because he believed he had been given wrong information about the length of his possible prison time. He thought he could get life in prison, but it turned out that the maximum punishment for his charges was actually much less. Teel's claims were that he did not get proper advice from his lawyer and that the judge did not explain the correct punishments before he accepted the plea. During a review, it was found that the trial court had indeed not informed him right about the maximum punishments he faced. The Attorney General even admitted there was a mistake in how Teel was advised. The court decided that since Teel's plea was not made knowingly and voluntarily due to the wrong advice, he should be allowed to withdraw his guilty plea and enter new ones concerning his charges. The original judgment and sentence from the District Court were reversed, and the case was sent back for further actions.

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F-2012-633

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In OCCA case No. F-2012-633, Dre Edward Barham appealed his conviction for Lewd Molestation (Count 2) and Forcible Sodomy (Count 3). In an unpublished decision, the court decided to reverse Barham's conviction for Lewd Molestation, dismissing that charge, but affirmed the conviction for Forcible Sodomy and modified the sentence. One judge dissented. Barham was found guilty by a jury in Nowata County of committing two serious crimes. The jury gave him five years in prison and a fine for Lewd Molestation and twelve years in prison and a fine for Forcible Sodomy. The judge made these sentences consecutive, meaning he must serve them one after the other. Barham appealed, raising several concerns. He first argued that being convicted of both crimes was unfair and against the rules. He said it was like being punished twice for the same thing, which the law does not allow. The court agreed with him on this point and decided to cancel the Lewd Molestation conviction. Next, Barham mentioned that there was not enough proof to say he was guilty of Lewd Molestation, but because that charge was overturned, this argument was no longer needed. He also claimed that evidence from other incidents was unfairly allowed during his trial, but the court found that it was relevant and did not harm his chance for a fair trial. Barham argued that the jury was misled about the penalties they could provide, especially regarding fines, which the court confirmed. They invalidated the fine connected to the Forcible Sodomy conviction because the law did not require it. Barham also believed the prosecutor acted wrongly during the trial, however, the court concluded that he received a fair trial overall and that the prosecutor did not misuse their position. Finally, while Barham's sentence for Forcible Sodomy was modified due to the earlier points discussed, the court stated that the twelve-year sentence was not excessive or shocking. The claims of many errors leading to an unfair trial were mostly found to be untrue, except for the overlapping charges. To summarize, the court confirmed the Forcible Sodomy conviction but reversed the charge of Lewd Molestation, stating that it was not right to convict him of both. Barham's time in prison will be adjusted based on this decision, and the fines linked to those charges will not apply to the overturned conviction.

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F-2012-08

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In OCCA case No. F-2012-08, Ralph T. Smith, Jr. appealed his conviction for kidnapping, first-degree robbery, attempted rape, forcible sodomy, first-degree rape, and unlawful possession of a controlled drug. In an unpublished decision, the court decided to modify his sentence on Count I to ten years imprisonment and to remove post-imprisonment supervision from Counts III, IV, and V. One judge dissented. **Summary of the Case:** Ralph T. Smith, Jr. was found guilty of serious crimes against a 76-year-old woman, R.C., after they met at a casino. Smith initiated a friendly interaction with R.C., who ended up offering him a ride. However, he then assaulted her and committed various violent acts, including attempted rape, forcible sodomy, and robbery. The jury sentenced Smith to long prison terms for each conviction. **Key Facts:** - During a day at the casino, Smith befriended R.C. and, after some time, manipulated her into giving him a ride. - Smith then forcibly assaulted R.C. at her house and later at a motel. - After the incident, R.C. reported the crime to her family and the police. **Legal Issues:** 1. **Speedy Trial**: Smith argued that his right to a speedy trial was violated according to the Interstate Agreement on Detainers Act. The court reviewed the timeline of events and denied his claim, stating that the time delays were justified. 2. **Sentencing Instructions**: Smith contested that the jury was improperly instructed about the potential punishment. The court agreed there was an error and modified the sentences accordingly. 3. **Ineffective Assistance of Counsel**: He claimed that he did not get adequate legal representation, particularly related to the sentencing instructions. The court noted that this claim was valid but remedied through the sentence modifications. 4. **Prosecutorial Misconduct**: Smith argued that the prosecutor's comments during closing arguments were inappropriate. The court found the comments were not severe enough to undermine the fairness of the trial. 5. **Jurisdiction**: Smith questioned whether the court had jurisdiction over some charges since the crimes occurred in different counties. The court ruled that jurisdiction was proper because the kidnapping and subsequent crimes were closely connected. 6. **Pro Se Brief**: Smith attempted to submit additional complaints without sufficient support from his attorney. The court denied this attempt due to failure to follow proper procedures. In conclusion, while Smith's sentence modification was granted throughout the appeals process, the court maintained that he was rightly convicted and that the initial trial was fair despite some errors.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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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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C-2010-1179

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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.

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F-2010-615

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In OCCA case No. F-2010-615, Lawrence Grant Stewart appealed his conviction for several crimes involving child sexual abuse. In an unpublished decision, the court decided to reverse one count due to double punishment but affirmed the rest of the convictions. One judge dissented. Lawrence Grant Stewart was found guilty by a jury for multiple crimes, including lewd molestation, rape by instrumentation, and child sexual abuse. The jury recommended long prison sentences for each of the counts, leading to a total of several decades in prison. Stewart's appeal raised several issues regarding his trial and convictions. One point of appeal was that Stewart did not get effective help from his lawyer during the trial. He argued that his lawyer shared too much personal information with the jury, which he believed should not have been revealed. However, the court found that the lawyer's decisions were made to help Stewart and did not seriously harm his chances in the case. Stewart also claimed that he received multiple sentences for the same behavior, which he believed violated his rights. The court agreed in part, particularly regarding one count of child sexual abuse, and decided to reverse that count and dismiss it. However, they found that separate punishments for the other crimes were appropriate since they involved different actions. Lastly, Stewart argued that the sentences he received should not be served one after the other (consecutively), but the court decided the original judge made the right choice in this matter. In summary, while some of Stewart's appeal points were accepted and one count was reversed, most of his convictions remained upheld.

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F-2009-1002

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In OCCA case No. F-2009-1002, Rickey Dewayne Prince appealed his conviction for multiple serious crimes, including possession of child pornography, lewd molestation, and first-degree rape. In an unpublished decision, the court decided to modify some of his sentences but upheld his convictions. One judge dissented. Rickey Dewayne Prince faced a jury trial where he was found guilty on multiple counts related to child exploitation and abuse. His punishment included lengthy prison sentences, with certain counts requiring him to serve them consecutively, leading to a total of many years behind bars. After the trial, Prince raised several arguments in his appeal. He claimed that he did not receive a fair trial due to various reasons. These included improper support for the victims' testimonies by a nurse, errors in how the charges were brought, issues regarding the admission of his own statements to police, and claims about his lawyer not doing a good enough job defending him. The court reviewed these points carefully. They found that while some mistakes occurred, like using the wrong statute for charging possession of child pornography, the overall outcome of the trial was justified. The judges believed that the evidence presented during the trial strongly supported Prince's convictions, even without additional corroborating details from other sources. In some points of his appeal, Prince's arguments were dismissed because he did not raise them in time during the trial, which limited how much the court could consider his issues. They also decided that any errors that did happen were not serious enough to change the trial's verdict or give him the right to a new trial. As a result, while some of Prince's sentences were adjusted to be less severe, the court affirmed many of his convictions for serious crimes against children, keeping him under a long prison sentence for his actions. The court made changes to the official records to properly reflect the legal basis for his convictions while confirming that he did not face unfair treatment during his trial.

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F-2008-667

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In OCCA case No. F-2008-667, Daniel Timothy Hogan appealed his conviction for First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy. In an unpublished decision, the court decided to affirm the judgment and sentence for some counts but reversed and remanded other counts based on the statute of limitations. One judge dissented. The case involved Hogan, who lived with his wife and her three daughters, all of whom had learning disabilities. Testimonies revealed that Hogan had sexually abused the girls multiple times over several years, starting when they were very young. The incidents included inappropriate touching and forced sexual acts. Hogan claimed that some charges should be dismissed because the statute of limitations had expired. The court agreed with him regarding several counts, concluding that the state did not press charges in time based on when the victims knew about the incidents and their nature as crimes. Hogan also argued that the trial judge unfairly imposed consecutive sentences rather than allowing them to run concurrently, as he claimed there was a courthouse policy against such decisions. However, the court found that the judge considered the facts of the case in deciding how to sentence Hogan. Ultimately, while some convictions against Hogan were reversed because of the statute of limitations, his life sentence and the convictions that were upheld reflected the seriousness of the abuse he inflicted on the young victims, leaving a lasting impact on their lives.

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F-2007-767

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In OCCA case No. F-2007-767, Walter Roundtree appealed his conviction for robbery with a firearm, kidnapping, first-degree rape, and forcible sodomy. In an unpublished decision, the court decided to modify his sentences to run concurrently. One member of the court dissented. Walter Roundtree was charged with committing serious crimes, including robbery and rape. After a jury trial, he was found guilty and received various sentences that totaled quite a bit of time in prison. All of his sentences were set to run one after the other, which means he would have to serve them one at a time. Roundtree argued that the judge should have considered allowing his sentences to run at the same time instead. The law allows judges to decide whether sentences can be served concurrently or consecutively. However, the judge in this case had a rule that if someone chose a jury trial and lost, all their sentences would go one after the other. This policy was seen as potentially wrong because it might discourage people from exercising their right to have a jury trial. The court looked closely at this situation and decided that the judge had indeed abused his discretion by not even considering the option of concurrent sentences. Because of this, Roundtree's sentences were changed so that he would serve them at the same time instead of one after the other. The court also discussed some other issues Roundtree raised, such as not getting credit for the time he spent in jail waiting for his trial and the $500 fine that was added to one of his sentences. The court found that the trial didn't violate his rights in these areas, so they upheld the trial's decision regarding those matters. In the end, the court confirmed the conviction but made changes to the way the sentences were to be served, allowing them to be concurrent instead of consecutive.

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F-2006-1282

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In OCCA case No. F-2006-1282, Michael Ralph Conroy appealed his conviction for several serious crimes, including first-degree rape, kidnapping, and domestic abuse. In an unpublished decision, the court decided to affirm his convictions but ordered a new sentencing hearing. One judge dissented, agreeing with the convictions but opposing the need for resentencing. Conroy was found guilty after a jury trial that reviewed evidence against him. He received significant prison time, amounting to 50 years for most of his charges and a year in jail for the domestic abuse charge, along with a fine. During the appeal, Conroy argued various issues, including the admission of evidence related to other crimes, the authenticity of certain exhibits, and the overall lack of evidence supporting his conviction. He also claimed that some evidence presented at trial was not allowed by law and that he did not receive effective legal representation. The court examined all of these arguments. They found that the evidence admitted during the trial was relevant and showed Conroy's guilt, including letters he wrote that indicated his intent to influence witness testimony. The report concerning the sexual assault was also deemed admissible because it fell under a specific exception to regular rules about hearsay. However, the court acknowledged a mistake regarding jury instructions on the 85% rule, which requires certain criminals to serve a significant part of their sentences before being eligible for parole. This oversight necessitated a new hearing only for sentencing. In the end, even though the appeals court affirmed the guilty verdicts, it recognized the trial court should reconsider the sentencing due to the jury instruction error.

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F-2007-102

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In OCCA case No. F-2007-102, #Hightower appealed his conviction for #forcible oral sodomy, resisting arrest, and indecent exposure. In a (published) decision, the court decided #to reverse the conviction for indecent exposure and remand for a new trial, while affirming the other convictions. #One dissented. Corey Antwonne Hightower was found guilty of three crimes. The first crime was for forcible oral sodomy, the second was for resisting arrest, and the third was for indecent exposure. The jury decided that Hightower should spend a total of eleven years and eight months in prison for the first two crimes and three years for the third. Hightower's team argued that his convictions for forcible oral sodomy and indecent exposure should not both count because they were too similar. They also said that the indecent exposure charge was wrong since the act wasn’t mentioned in the original court documents, and he didn't get a fair chance to defend himself. Finally, they claimed the judge didn’t properly tell the jury how to use the evidence of other crimes during the trial. After looking closely at everything presented in the case, the court decided that it was not fair to convict Hightower for the indecent exposure. They found that the original case wasn’t clear about which incidents occurred when, especially since the indecent exposure was thought to have happened on a different date than the other crimes. The judges agreed that Hightower should have another chance to defend himself for the indecent exposure charge. However, they said that the convictions for forcible oral sodomy and resisting arrest would remain. The court's decision was important because it showed that everyone has the right to know exactly what they are being charged with and that they need a fair chance to defend themselves in court.

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F-2007-381

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In OCCA case No. F-2007-381, the appellant appealed his conviction for child sexual abuse, lewd or indecent proposals, and forcible oral sodomy. In an unpublished decision, the court decided to reverse and remand count two while affirming the remaining counts. One judge dissented. Brandon Donell Harris was found guilty of the three offenses in the District Court of Oklahoma County and was given a total of 21 years in prison to serve consecutively. He argued that the state did not provide enough evidence to prove he committed the sexual abuse of a child, that he was wrongfully convicted of lewd acts, that there were issues with the prosecutors' conduct, and that improper comments were made by the trial court during jury selection. The court looked at the evidence and felt that enough was presented to support the sexual abuse conviction, so they upheld that verdict. However, they found that the second count concerning lewd acts required that the child witness the acts, which did not happen in this case. Therefore, they reversed that conviction and instructed for it to be dismissed, while keeping the other convictions intact. For the claims of prosecutorial misconduct and improper trial comments, the court noted that there were no objections made during the trial, so they reviewed these for plain error. They determined that the prosecutor's comments did not significantly impact Harris's right to a fair trial, nor did the trial court's remarks affect the jury's decision. In conclusion, the court reversed the conviction for the lewd acts while affirming the other two convictions and decided that Harris should not be retried on the lewd acts charge. One judge disagreed with the decision to reverse count two, believing the evidence was sufficient to support all charges.

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F-2005-1161

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In OCCA case No. F-2005-1161, Isaac Gardner appealed his conviction for Forcible Oral Sodomy and Attempted Sexual Battery. In an unpublished decision, the court decided to affirm Gardner's conviction but modified his sentence from twenty years to fifteen years imprisonment. One judge dissented. During the trial, Gardner was found guilty of Forcible Oral Sodomy and the jury recommended a lengthy prison sentence based on evidence presented, including Gardner's past admissions about similar actions. Although the judge allowed some evidence regarding Gardner's past, they did not believe it overly impacted the trial since the jury ultimately acquitted him of the Attempted Sexual Battery charge. Gardner argued that he did not receive a fair trial due to this evidence, but the court disagreed, noting that he had been warned about what evidence would be used against him. They also highlighted that his conviction was upheld because the jury was able to examine the evidence properly. Additionally, Gardner claimed that he should have been informed about parole eligibility under the 85% Rule, which says he would need to serve most of his sentence before being eligible for parole. The court acknowledged this misstep and reduced his sentence accordingly. In summary, the court confirmed that while Gardner’s initial trial and conviction stood, his sentence was adjusted to reflect what he had rightfully requested before the trial began.

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PC 2006-0638

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In OCCA case No. PC 2006-0638, the petitioner appealed his conviction for manufacturing a controlled dangerous substance, possession of counterfeit bills, and larceny by fraud. In an unpublished decision, the court decided to reverse the lower court's denial of post-conviction relief and ordered a new trial due to ineffective assistance of counsel. One judge dissented. The petitioner had previously been convicted by a jury and sentenced to prison along with fines. After the conviction, the petitioner argued that his trial and appellate lawyers did not perform effectively. He contended that many mistakes were made during his trial, impacting the fairness of his case. The trial court found that the petitioner's attorney did not challenge the way his statement to the police was obtained, which was a significant part of the evidence used against him. The lawyer also failed to ask for important jury instructions and did not properly raise issues on appeal. The trial court agreed that the lawyer made many mistakes, but initially decided that these mistakes did not change the outcome of the case. However, upon review, the appellate court determined that the mistakes made by the lawyer were so serious that they undermined confidence in the trial's outcome. This meant that the petitioner did not get a fair trial, violating his rights. The decision was reversed, and the case was sent back to the lower court for a new trial. This case highlights the importance of having effective legal representation, as mistakes made by lawyers can lead to wrongful convictions or unfair trials.

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