Okla. Stat. tit. 22 § 857 Archives

F-2018-119

Post author:Staff
Post published:May 23, 2019
Post category:F

In OCCA case No. F-2018-119, Arthur Tequon Hill, Jr. appealed his conviction for Robbery with a Firearm, Kidnapping, and Gang Association. In an unpublished decision, the court decided to affirm the judgment and sentence. No one dissented. Arthur Tequon Hill, Jr. was found guilty by a jury for several serious crimes. The jury decided he should go to prison for 25 years for robbery, 20 years for kidnapping, and 5 years for gang association. The court said he must serve these sentences one after the other. Hill made several arguments in his appeal. First, he suggested that there wasn’t enough evidence to support his conviction and that the case should be dismissed. However, the court found that there was enough evidence for a reasonable person to believe he was guilty, so this argument was rejected. Second, Hill argued that the court should not have allowed the jury to hear about other robberies he was involved in just days before this crime. The court ruled that this evidence was permissible because it showed similarities between the robberies and helped prove his identity in this case. Third, he claimed the court made a mistake by letting the jury separate after they finished hearing the case, which he said could lead to unfair influence. The State agreed this was an error but said it wasn't harmful. The court concluded the jurors followed instructions not to talk about the case while they were apart, so this did not harm Hill’s case. Lastly, Hill argued that evidence about his gang membership was presented in a way that was too unfair and made his trial less fair. The court disagreed and stated that the evidence was important to the case. They believed it helped confirm his involvement in the robbery. In the end, the court found no reasons to change Hill's conviction or punishment. The decision to affirm his sentencing was based on thorough review of all the points made in his appeal and the evidence presented during the trial.

F-2014-336

Post author:Staff
Post published:July 15, 2015
Post category:F

In OCCA case No. F-2014-336, Deandre Bethel appealed his conviction for First Degree Felony Murder, Robbery with a Firearm, Transporting a Loaded Firearm in a Motor Vehicle, and Public Intoxication. In a published decision, the court decided to affirm his convictions for First Degree Felony Murder and the other charges except for Robbery with a Firearm, which was reversed and remanded with instructions to dismiss that charge. One judge dissented. Bethel was convicted by a jury in Tulsa County for crimes related to the death of a victim during a robbery. The jury sentenced him to life in prison for murder, along with additional sentences for the other charges. During the appeal, Bethel raised several issues, arguing that there was not enough evidence for his convictions, that he should not be punished for both murder and robbery based on the same incident, and that he did not receive a fair trial for various reasons, including how the jury was instructed and what evidence was allowed. The court found that the evidence was sufficient to convict him of murder and upheld that conviction. However, they agreed that having separate convictions for robbery and murder from the same act violated his rights under the Double Jeopardy Clause, so they reversed the robbery conviction. Bethel also argued that the trial court made errors in not instructing the jury about lesser offenses and in handling jury questions, but the court found these claims did not warrant a new trial. Other claims, such as the admission of jail phone calls and victim impact statements, were also rejected. In the end, the court affirmed the convictions for murder and the other charges, but dismissed the robbery charge, allowing Bethel to focus his appeal on the correct aspects of his case.

F 2003-1018

Post author:Staff
Post published:June 23, 2004
Post category:F

In OCCA case No. F 2003-1018, Orcutt appealed his conviction for Driving While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Orcutt was found guilty in a jury trial of several charges linked to driving while drunk. This happened in Creek County after a trial that lasted a few days in August 2001. The jury decided that he should spend ten years in prison and pay a big fine for his most serious crime, as well as some smaller fines for the other charges. Orcutt claimed that there were mistakes made during his trial. He said that the jury was not given the right instructions about how they should decide on the punishment. He also argued that the prosecution acted unfairly and that the jury should have been kept together without being allowed to leave during the trial. After looking at all the evidence from the trial and listening to the arguments made by both sides, the court said that Orcutt's convictions would stand. However, they agreed that the sentence needed to be changed. The jury had been instructed incorrectly about the possible punishments for Orcutt's offenses. The law said that they could not set his punishment to include both treatment and prison time at the same time. While his prison time of ten years and the fine were kept in place, the part of the punishment that required treatment and use of an ignition device was removed. The court found that some of Orcutt's other arguments about unfairness during the trial did not hold up, and no changes were made based on those claims. In conclusion, the court affirmed the main conviction but modified part of the punishment, removing some of the conditions, while agreeing on the primary penalties.

F-2000-805

Post author:Staff
Post published:October 18, 2001
Post category:F

In OCCA case No. F-2000-805, Dustin Loy Wells appealed his conviction for several crimes, including Shooting with Intent to Kill and Possession of a Stolen Vehicle. In an unpublished decision, the court decided to affirm most of the convictions but reversed one conviction related to assault. One judge dissented on the decision to reverse that conviction. Dustin Loy Wells was tried in a jury trial and found guilty of multiple charges. The trial court then sentenced him to a total of forty-five years in prison and imposed several fines. Wells believed he was unfairly convicted and claimed there were mistakes made during his trial. He raised several points of error on appeal. First, he argued that the trial court should have separated (or severed) his different charges for trial, but the court found that joining them was appropriate. Second, he said there was a mistake when certain identification evidence was allowed. While the court agreed this was an error, it was considered harmless because there was strong other evidence against him. Third, Wells argued that there was not enough evidence to support one of his assault convictions and the court agreed, reversing that specific conviction. Further, he contended that some evidence should not have been admitted at all, but the court found that the trial court had made the right decision. Wells also claimed there was not enough proof that he intended to kill when he shot someone, but the court concluded there was sufficient evidence for the jury to reach that conclusion. Wells pointed to what he believed was prosecutorial misconduct, claiming he did not get a fair trial because the prosecutor had made improper statements about him. However, the court decided that these actions did not change the outcome of the trial. Finally, he claimed that the combined errors were serious enough to warrant a new trial, but the court found that only one conviction needed to be reversed. In summary, while the court upheld most of Wells’s conviction and sentence, it found that one of the assault convictions should be dismissed. One judge disagreed with this part of the decision.

F-2000-451

Post author:Staff
Post published:June 8, 2001
Post category:F

In OCCA case No. F-2000-451, Christopher B. Andrews appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to reverse Andrews' conviction and send the case back for a new trial. One justice dissented. Andrews was found guilty of robbing someone and sentenced to thirty-five years in prison. After the jury finished their discussions about the case but before they made their final decision, the judge let the jury go home for the night. This happened even though both Andrews' defense team and the state's lawyers did not want this to happen. According to the law, after the jury starts talking about the case, they should stay together and not be allowed to go home or talk to others about the case. If they are allowed to separate, it can hurt the fairness of the trial, and courts believe that this is automatically a problem for the defendant. The court carefully examined the situation in Andrews' case and found that since the jury was allowed to leave, they could have been influenced by others, which is not fair. The state did not show enough evidence that the jury would not be prejudiced by being separated. As a result, the court reversed the original decision, meaning that Andrews' conviction was not valid, and the case was sent back for a new trial.