Okla. Stat. tit. 22 § 258

S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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F-2018-647

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**Court of Criminal Appeals of the State of Oklahoma Summary Opinion** **Appellant:** David Martinez **Appellee:** The State of Oklahoma **Case No.:** F-2018-647 **Filed:** December 5, 2019 **Presiding Judge:** Lewis **Summary:** David Martinez was convicted in a bench trial of lewd or indecent acts to a child under 16, in violation of 21 O.S.Supp.2015 § 1123(A)(2). The trial was held in the District Court of Beckham County under Judge Doug Haught, who sentenced Martinez to ten years in prison, with the majority of the sentence suspended after serving six years. Martinez raised several propositions of error in his appeal: 1. **Allegation of Lewd Molestation without Corroboration:** - Martinez claimed his due process rights were violated because M.C.'s testimony was unbelievable and lacked corroboration. The court upheld that the general rule allows conviction based on the uncorroborated testimony of the prosecutrix if it is clear and unambiguous. The court found M.C.'s testimony sufficient and denied this proposition. 2. **Right to a Certified Interpreter:** - Martinez, who does not speak English, argued he was denied a certified interpreter. The court noted that the presumption of regularity in legal proceedings applies, and without evidence that interpretation was inaccurate or that it affected the trial’s outcome, this claim was denied. 3. **Hearsay Evidence:** - The court reviewed evidence of text messages sent by the victim to her mother as hearsay. Since the trial was a bench trial, the court presumed only competent evidence was considered, and any objection raised post-trial was not preserved for appeal. This proposition was denied. 4. **Preliminary Hearing Evidence:** - Martinez contended that the prosecution failed to show all elements of the crime during the preliminary hearing. The court pointed out that the age element was established during trial and noted the waiver of any preliminary hearing errors not related to jurisdiction. This proposition was denied. **Decision:** The judgment and sentence were affirmed by the Court of Criminal Appeals of the State of Oklahoma. **Opinion by:** Lewis, P.J. **Concurrences by:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. *For the complete opinion, you can download the PDF [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-647_1735224408.pdf).*

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F-2018-211

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In OCCA case No. F-2018-211, Lewis Long, III appealed his conviction for trafficking in illegal drugs (methamphetamine). In an unpublished decision, the court decided to affirm the judgment and sentence. No judge dissented. The case began when Lewis Long, III was tried and found guilty by a jury in Beckham County. He was convicted for trafficking in methamphetamine after having previous felony convictions. The jury recommended a sentence of twenty years in prison, which the judge followed. Long was found not guilty of a separate charge involving drug paraphernalia. Long raised a few concerns in his appeal. He argued that his Fourth Amendment rights were violated because police entered a place without properly announcing themselves. He also felt the state did not provide enough evidence to prove he had control or possession of the methamphetamine. Lastly, he believed there wasn't enough evidence for him to go to trial for the drug trafficking charge. The court looked closely at the evidence and procedures from Long's trial. They first addressed the entry of police into the motel room. Even if not knocking and announcing was an error, the court decided that this did not impact the overall case because the evidence found was still valid. Next, the court evaluated whether the evidence presented during the trial was strong enough to support a verdict of guilty. They determined that there was enough evidence to show that Long had joint possession of the methamphetamine found at the motel. Lastly, the court examined whether Long should have been able to challenge the charges before his trial but concluded that he did not show any clear error that would affect the outcome of his case. Since the state showed enough probable cause for his charges at the preliminary hearing, they found no reason to reverse the decision. In conclusion, the court decided not to grant any relief for Long's appeal, confirming his conviction and the sentence imposed.

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S-2013-510

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In OCCA case No. S-2013-509 and S-2013-510, two individuals appealed their convictions for first-degree murder. In an unpublished decision, the court decided to affirm the dismissal of the charges against them based on their claim of immunity under the Stand Your Ground law. The court found that the appeal by the State of Oklahoma was not authorized to challenge the dismissal order. One judge dissented.

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S-2013-509

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In OCCA case No. S-2013-509, Julio Juarez Ramos and Isidro Juarez Ramos appealed their convictions for first-degree murder. In a published decision, the court decided to affirm the district court's ruling granting the Appellees immunity from prosecution under Oklahoma's Stand Your Ground law. #1 dissented.

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S-2013-687

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In OCCA case No. S-2013-687, the appellant appealed his conviction for DUI manslaughter. In a published decision, the court decided to affirm the lower court's ruling, stating that the evidence was not sufficient to prove that the appellant's actions were the direct cause of the victim's death. Two justices dissented from the decision. The case involved an incident that took place on October 11, 2012, when the appellee was charged with first-degree manslaughter. This charge stemmed from the accidental death of his wife, Linda Vaughan, while he was driving under the influence of alcohol. During the preliminary hearing, it was revealed that Vaughan was intoxicated, with a blood alcohol level of .14, and that his wife had exited the truck he was driving. She was killed when he accidentally ran over her. Vaughan argued that the state's evidence failed to show that his driving while intoxicated was the direct cause of Linda's death. Testimony from a highway patrolman indicated that while Vaughan may have been more aware of his surroundings if he were sober, Linda's death would have occurred regardless of his intoxication. The court examined whether the state had presented enough evidence to prove that the appellee's actions directly caused the victim's death. They found that the evidence showed Linda made the choice to leave the vehicle and that her death was caused by her own actions, not by the appellee's impaired driving. Because there was insufficient evidence to support the charge of DUI manslaughter, the court upheld the decision of the lower court, which had granted Vaughan's demurrer, meaning they did not find probable cause to believe a crime had been committed. In the end, the court affirmed the district court’s decision, concluding that the evidence was not strong enough to support the charge against Vaughan. The decision did not minimize the tragedy of the accident but emphasized the importance of concrete evidence in such cases.

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S-2011-1115

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In OCCA case No. S-2011-1115, the State of Oklahoma appealed the conviction regarding defendants accused of conspiracy. In a published decision, the court decided that the evidence presented during the preliminary hearing was not enough to support a conspiracy charge against the defendants. The ruling of the lower court was affirmed, and one judge dissented. In this case, the defendants were accused of agreeing to a bribe related to an election. The State claimed that one defendant offered the other a job to persuade her not to run for a Senate seat. The court looked carefully at the evidence and found that there was not enough proof to show that the defendants had a plan to commit a crime together. Thus, their appeal was rejected, and the original decision was upheld, concluding that the charge of conspiracy was not valid based on the information provided.

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S-2011-0801

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In OCCA case No. S 2011-0801, the State of Oklahoma appealed the conviction of Wendel Hughes for preventing a witness from giving testimony, use of a firearm while committing a felony, and false reports of crime. In an unpublished decision, the court decided to affirm the lower court's ruling that dismissed the charges of preventing a witness from testifying and use of a firearm while committing a felony. One judge dissented. Wendel Hughes was charged in Sequoyah County with three serious offenses. During the preliminary hearing, the magistrate determined that there wasn't enough evidence to support the charges of preventing a witness from giving testimony or using a firearm during a felony. The State thought this decision was wrong and appealed the ruling. The purpose of the preliminary hearing is to see if there is likely enough evidence to believe that a crime happened and that the accused person committed it. The court reviewed the case to check if the lower court made a mistake in its decision. They found that the evidence the State provided was not strong enough to show that Hughes committed the crimes. So, they decided not to change the ruling of the lower court. The court affirmed the dismissal of the two counts against Hughes, meaning they agreed with the previous decision. The judge who disagreed with the majority opinion thought that the evidence should have been enough to go to trial. He argued that the evidence suggested Hughes had intentions to stop the witness from providing testimony and that a jury should decide if he was guilty based on all the facts of the case. In summary, Hughes's charges were dismissed because the courts did not find enough evidence of his wrongdoing based on the information presented during the preliminary hearing.

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S-2011-774

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In OCCA case No. S-2011-774, the State of Oklahoma appealed the decision regarding the conviction of DeJear. In a published decision, the court decided to affirm the previous ruling, which found there was not enough evidence to prove that DeJear was under the supervision of the Department of Corrections, making the charges not applicable. One judge dissented from this opinion.

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S 2011-0024

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In OCCA case No. S 2011-0024, Joel Christion Aranda appealed his conviction for multiple charges including Use of a Vehicle in Discharge of a Weapon and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the lower court's ruling, which had dismissed several counts against Aranda. One judge dissented, believing there was enough evidence to proceed with some of the charges.

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S 2011-0023

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In OCCA case No. S 2011-0023, David Franco appealed his conviction for several charges related to using a vehicle in the discharge of a weapon, assault and battery with a dangerous weapon, feloniously pointing a firearm, and other related charges. In an unpublished decision, the court decided to affirm the ruling that dismissed some of the charges against him. One judge dissented.

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F-2007-987

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In OCCA case No. F-2007-987, Tony Brown appealed his conviction for Second Degree Burglary and Attempted Larceny of a Motor Vehicle. In an unpublished decision, the court decided to reverse his convictions and remand for a new trial. One judge dissented. Tony Brown was found guilty of breaking into a building and trying to steal a car. He was given a total sentence of 17 years in prison along with a $1,000 fine. Brown believed that he was not given a fair trial for several reasons. He said that the jury should have been told about a simpler crime related to the burglary and that there wasn’t enough evidence to support the charge of attempted car theft. Brown also argued that a witness shouldn’t have been allowed to testify because it hurt his case. Additionally, he claimed that his lawyer didn’t do a good job defending him and that the prosecutor did things that were unfair. After looking at everything, the court found that Brown should have been given information about the simpler crime of unlawful entry, and that the jury should have considered that first. They also felt that the testimony from a detective saying Brown was lying was too much and unfairly harmed his chance to have a fair trial. Because of these issues, the court decided to reverse Brown’s convictions and send the case back for a new trial, where he could have a chance to present his defense properly.

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S 2005-702

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In OCCA case No. S 2005-702, Roley appealed his conviction for Child Abuse/Neglect. In a published decision, the court decided to affirm the trial court's ruling. One judge dissented. Michael Ray Roley was charged with child abuse/neglect. This case started in Creek County District Court on November 9, 2004. After some hearings, the judge let Roley go free by granting a motion to quash, which means the charges against him were dismissed before a trial could happen. The State of Oklahoma, which was prosecuting Roley, didn't agree with this decision and decided to appeal it. They brought up three main points they believed were wrong with the judge's ruling. First, they argued that a previous case about a person’s right to confront witnesses didn’t apply to preliminary hearings. They said Roley was claiming a right to confront witnesses too early. Second, the State believed that Roley should not have been allowed to extend this right to preliminary hearings in such a broad way. Finally, they suggested that the court should consider the need to protect the child who was the victim in this case. After thoroughly examining the arguments and evidence, the court agreed with the trial judge’s decision. They highlighted that Oklahoma’s Constitution and laws give a person a right to confront witnesses during preliminary hearings, just like in a full trial. The court also noted that hearsay evidence, or what someone said out of court, could not be used unless the person who made the statement was unavailable. In this case, the children who were supposed to testify did not do so, making what the State presented unacceptable to prove that a crime had happened. The judges deliberated and concluded that the trial judge acted correctly when deciding not to allow the case to proceed based on the evidence presented. Therefore, the court supported the decision of the trial court to grant the motion to quash the charges against Roley, keeping him from being tried. In the end, the court affirmed the lower decision and stated that they would issue a mandate to finalize the ruling. One judge had a different opinion and disagreed, but the majority agreed that the earlier ruling should stand.

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S-2005-1067

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In OCCA case No. S-2005-1067, one person appealed his conviction for Shooting with Intent to Kill, Kidnapping, and Assault and Battery. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to use the transcript of a witness's preliminary hearing testimony during the trial. One judge dissented. The case involved Deangelo Favors and another person who were charged with serious crimes. During the preliminary hearing, a key witness, Roberta Verner, testified, but another potential witness, Lesha Huggins, was not allowed to testify even though the defense wanted to present her testimony, claiming it would prove Verner lied about the crimes. The judge decided that Verner was unavailable for the trial, which meant her earlier statements could not be used unless the defense had a chance to fully question her and present their case. The judge believed that not allowing Huggins to testify took away the defense's opportunity to question Verner properly. The State wanted to appeal the decision, saying it was wrong to not allow them to use Verner’s testimony. However, after looking closely at the facts and arguments from both sides, the court found that the trial judge acted correctly in not letting the State use Verner's earlier testimony. The court noted that it is important for defendants to have the right to question witnesses against them, and that this right was not met in the preliminary hearing because the defense could not call Huggins to support their case. In the end, the decision to deny the State's appeal was upheld, and the case was sent back to the lower court for more proceedings based on the ruling.

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C-2002-1190

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In OCCA case No. C-2002-1188, the petitioner appealed his conviction for multiple crimes including possession of controlled substances and shooting with intent to kill. In a published decision, the court decided to affirm most of the convictions but reversed the conviction for maintaining a vehicle used for the keeping or selling of controlled substances, due to insufficient evidence. One judge dissented, suggesting that the sentences should run concurrently instead of consecutively.

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