F-2019-369
In OCCA case No. F-2019-369, Collins appealed his conviction for assault with a dangerous weapon. In a published decision, the court decided to affirm the conviction and sentence of twenty-five years imprisonment but vacated and remanded the restitution and fees due to errors in their assessment. One judge dissented. Joseph Willis Collins was found guilty by a jury for committing assault with a dangerous weapon. He faced this trial in Comanche County where he was sentenced to spend twenty-five years in prison and was ordered to pay restitution and court costs. Collins claimed that several things went wrong during his trial that justified overturning his conviction. First, Collins argued that when he asked police if he could go back downstairs, it meant he wanted to stop talking to them, and police should have immediately respected that request. He believed this request was an important part of his rights, which should not have been pushed aside during the questioning. However, the court decided that even though admitting his statements without considering his right not to speak was a mistake, it was not significant enough to change the outcome of the case because there was a lot of clear evidence proving he was guilty. Next, Collins argued that some embarrassing information from his cellphone should not have been used against him during the trial. He thought that this evidence made it hard for him to get a fair trial because it focused on his relationships in a negative way. However, the court did not find this evidence to be unfairly prejudicial, as it was used to help explain details relevant to the case. Collins also believed that his lawyer did not competently defend him, especially regarding the use of the testimony linked to the cellphone and the earlier statements made to police after he asked to stop being questioned. The court looked at all these claims and found that there were no significant mistakes made by Collins’s lawyer that affected the trial's outcome. The other issues Collins raised were about financial matters from his sentencing. Collins was ordered to pay $7,504 in restitution for the victim’s losses, but the court admitted this amount wasn't properly justified, so they decided it should be determined again. The court also acknowledged a mistake in charging Collins a $1,500 indigent defense fee instead of the maximum allowed of $1,000. There was also a dispute about the juror fees that Collins thought were incorrectly calculated, but since he did not raise this objection during the trial, the court decided not to change this part of the decision. In the end, the court upheld the conviction and the lengthy sentence Collins received. They ordered the lower court to redo the calculations for restitution and the indigent defense fee to comply with the law and ensure a fair process. The judgment of conviction and the twenty-five-year prison sentence were upheld, while the restitution and indigent fees were vacated and remanded for further action.