Okla. Stat. tit. 22 § 929

PC 2017-755

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In OCCA case No. PC 2017-755, the petitioner appealed his conviction for First Degree Murder. In a published decision, the court decided to vacate the previous sentence and allow for resentencing with a jury. The dissenting opinions argued against the majority decision, indicating that the judge had the discretion to deny jury resentencing based on prior waivers. The case started when the petitioner was just seventeen years old and pleaded guilty to First Degree Murder in 2006. Originally, he was sentenced to life in prison without the chance for parole. After some time, he claimed that this sentence was unfair because he was a minor when he was sentenced. The court agreed and decided to let him be resentenced but had to deal with the issue of whether his resentencing should involve a jury. The petitioner argued that since he was seeking resentencing, he should be allowed a jury trial. However, the state disagreed, pointing out that he had waived his right to a jury trial when he originally pleaded guilty. The judge decided that because of this waiver, he didn’t have to give the petitioner a jury for resentencing. In this case, the court looked at previous decisions that said when a juvenile is sentenced to life without parole, they should have a jury trial unless they give up that right. The majority of the court found that the petitioner did not truly waive his right to a jury for the resentencing, as he was relying on new rules from recent important cases. Ultimately, the court decided that it was wrong for the judge to deny the jury resentencing. They chose to vacate that decision and said the case should go back to the lower court to figure out the right way to do the resentencing, with the ability to include a jury if the petitioner asked. The dissenting opinions argued that the judge had actually acted correctly by denying the request for a jury because the petitioner had already waived that right back when he pleaded guilty. They believed that the rules shouldn’t allow a person to change their mind long after the original decision. The court ordered that the petitioner’s guilty plea and conviction were still valid, but they needed to follow the correct process under the law for the new sentencing.

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F-2007-1253

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In OCCA case No. F-2007-1253, L. V. Drennon, III, appealed his conviction for distribution of a controlled dangerous substance (CDS) within 2000 feet of a school and conspiracy to commit a felony. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Drennon was found guilty of having marijuana and methamphetamine with the intention to distribute, as well as taking part in a conspiracy to distribute these drugs. He was sentenced to 40 years for each of these charges, which would be served at the same time. Drennon argued that he did not receive good help from his lawyer and that his punishment was too harsh. The court looked carefully at Drennon's claims and the evidence surrounding the case, including courtroom records and transcripts. They found that Drennon's lawyer had provided him with reasonable help. Regarding the punishment, the court discovered that the jury had been given wrong information about the length of the possible sentences for the crimes. They had been wrongly told that Drennon faced a longer-term sentence than what was actually correct. The correct rules allow for a shorter minimum sentence of 6 years for possession with intent to distribute and a minimum of 4 years for conspiracy after previous felony convictions. Because of this mistake, the court decided that the jury's punishment was too extreme. As a result, they changed Drennon's sentences to 20 years for each charge, to be served at the same time. In summary, the court agreed with the conviction but changed the length of Drennon’s sentence due to the mistakes made about punishment options.

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F-2005-1282

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In OCCA case No. F-2005-1282, Earl Andrew Dahl, Jr., appealed his conviction for multiple sexual offenses including Rape by Instrumentation, Forcible Oral Sodomy, and Lewd Acts with a Child Under Sixteen. In an unpublished decision, the court decided to affirm the judgments of the trial court but remanded the case for resentencing. One member of the court dissented. Dahl was found guilty on fifty counts related to these serious crimes, and the jury recommended various sentences for these counts, which were to be served one after another (consecutively). Dahl argued several points in his appeal, including that the evidence was not strong enough to support his convictions and that the sentences were excessive. He also claimed that the prosecutor asked unfair questions during the trial and that the trial court made errors by not giving certain instructions related to the law. After reviewing the evidence, the court concluded that there was enough proof to uphold Dahl's convictions, as the victim's testimony was clear and trustworthy. They also noted that there were certain errors in how the trial was conducted, particularly the failure to provide an important instruction known as the 85% Rule, which affected how the jury decided on the sentencing. Because of this, the court ordered a new sentencing hearing to correct this mistake. Overall, while the convictions were upheld, the court acknowledged that the trial process had flaws, which led to their decision to allow for resentencing for Dahl.

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F-2005-684

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In OCCA case No. F-2005-684, Aaron Christopher Marks appealed his conviction for shooting with intent to kill, robbery with a firearm, and possession of a firearm after a former felony conviction. In a published decision, the court decided to modify the sentence for shooting with intent to kill to forty-five years in prison but upheld the conviction. One judge dissented, arguing that there was no need for sentence modification since the jury likely did not need instruction on parole eligibility and the original sentence was justified based on the evidence presented.

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RE-2003-902

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In OCCA case No. RE-2003-902, Toni Jo Wallace appealed her conviction for obtaining merchandise by means of a bogus check. In a published decision, the court decided to affirm the revocation of her suspended sentences but modified her sentence in Case No. CF-2000-225 from five years to one year. One judge dissented. Toni Jo Wallace faced multiple charges over several cases, including obtaining goods through a bogus check and various charges related to forgery and possession of drugs. Her sentences were initially suspended, meaning she wouldn't have to serve time if she stayed out of trouble. However, she committed new crimes and failed to pay fines, leading the state to seek the revocation of her suspended sentences. During the hearing, the judge found that Wallace did violate the terms of her probation and decided to revoke the suspended sentences in all her cases. Wallace argued that the judge made a mistake by revoking all her suspended sentences instead of giving her a chance to improve or face less severe punishment. She also felt that the punishment she received was too harsh and that the judge should not have made her new sentences serve longer than her original agreement. The court reviewed the judge's decision and felt that it was within his rights to revoke the sentences. They noted the importance of following through on punishments when someone breaks the rules again. However, they agreed that the initial five-year sentence for one of the charges was longer than allowed by law, so they shortened that sentence. In the end, while Wallace's appeal did not succeed in reversing her convictions, she did see a reduction in one of her sentences. The court emphasized that following the rules is essential, especially for someone on probation, while also ensuring sentences are fair and within legal limits.

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