Okla. Stat. tit. 22 § 900 Archives

F-2011-354

Post author:Staff
Post published:March 29, 2012
Post category:F

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 In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison.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.

F-2004-935

Post author:Staff
Post published:August 27, 2007
Post category:F

In OCCA case No. F-2004-935, Alfred Junior Mills appealed his conviction for burglary. In a published decision, the court decided to modify his sentence from thirty years to twenty years. One judge dissented. The case involved Alfred Junior Mills, who had been convicted of burglary and was sentenced to thirty years in prison. After his appeal, the court looked at some important issues. One issue was about how much time he would actually have to serve. The appellant's team argued that the jury should have been informed about the 85% rule, which means that a person must serve at least 85% of their sentence. This rule was important because it may have changed how the jury decided to sentence him. The court agreed that they should apply this rule to his case because it was decided while his appeal was still going on. They found that the jury might not have given him a thirty-year sentence if they had known he would have to serve at least 85% of that time. So, they reduced his sentence to twenty years instead of thirty. Another part of the appeal was about whether the jury should have considered a lesser crime instead of burglary. The defense had a theory that they believed should have led to a different verdict, but the jury didn't buy it. They thought Mills' story was not believable and gave him a sentence that was much higher than the minimum. The court decided that there was no reason to think the jury would have chosen to give him a lesser charge after they rejected his story so strongly. In conclusion, the court made a significant change to Mills' sentence due to the 85% rule but upheld the conviction for burglary. One judge disagreed with the decision to modify the sentence.