Okla. Stat. tit. 22 § 960 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 In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison.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.

RE-2000-1034

Post author:Staff
Post published:March 15, 2001
Post category:RE

In OCCA case No. RE-2000-1034, an individual appealed his conviction for unlawful possession of marijuana in the presence of a minor child. In a published decision, the court decided to uphold the decision to revoke part of the individual’s suspended sentence. One judge dissented. The case began when the individual was given a ten-year suspended sentence after pleading guilty in 1996. However, in 2000, the court found that he had violated the terms of his probation. The judge determined that the individual had committed offenses, including driving with a suspended license, and had also failed to make required payments for fines and costs. The individual argued that the court based its decision on prior allegations that the state had withdrawn. However, the court found that the individual did not provide sufficient legal reasons why those prior allegations couldn’t be used again. It also noted that the individual had not made required payments for his fines, having made less than one payment each year during the probation period. The judge emphasized that the individual had signed agreements for payment plans based on his ability to pay. Because he failed to follow through with these payments and was found to have violated other terms of his probation, the judge concluded there was enough reason to find that the individual had intentionally failed to comply. In the final decision, the court affirmed the revocation of a part of the individual’s sentence. However, it noted that the judge had improperly issued a new sentence instead of just executing the previous one. Therefore, while the revocation stood, the court ordered the lower court to correct this issue by properly recording the revocation without imposing a new judgment.