Okla. Stat. tit. 22 § 18

C-2016-38

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In OCCA case No. C-2016-38, Charlie Franklin Roberts appealed his conviction for violation of a protective order, kidnapping, and domestic assault and battery with a dangerous weapon. In a published decision, the court decided to grant the petition and remand for a new hearing on the motion to withdraw plea. One judge dissented. Roberts had entered a no contest plea to the charges and was sentenced to one year in county jail for the misdemeanor and thirty years for each felony, with the felony sentences running at the same time but after the jail sentence. He later wanted to withdraw his plea, claiming he did not have the right help from his attorney during this process. The court looked into his claims and found that Roberts had not been given fair legal help when trying to withdraw his plea. Specifically, his attorney had conflicts of interest that affected his ability to represent Roberts properly. Because of these issues, the court allowed Roberts to have a new and better attorney who could help him file the motion. The court also ordered a hearing to figure out what Roberts would like to do about his plea within specific timelines.

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F-2015-194

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In OCCA case No. F-2015-194, Jarrod Demar Mansker appealed his conviction for Domestic Assault and Battery, Second Offense, after two or more felonies. In an unpublished decision, the court decided to affirm Mansker's conviction but remand the case for resentencing to consider his request for credit for time served. One judge dissented.

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RE 2014-0536

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In OCCA case No. RE 2014-0536, Matthew Carl Eddings appealed his conviction for Possession of a Controlled Substance and Driving Under the Influence of Drugs. In a published decision, the court decided to affirm the revocation of Eddings' suspended sentence. One judge dissented. Eddings was originally given a deferred sentence with rules for probation and fines for his crimes. However, over the years, he struggled to meet the conditions of his probation, which included paying fines and child support. The state moved to revoke his sentence because of these issues. When the court reviewed Eddings' case, they found enough evidence to support the revocation. Eddings had not made required payments for over a year and had not shown a good faith effort to comply with the rules. The court also noted that since there were new facts presented during the latest revocation hearing, the principle of res judicata, which prevents re-judging the same issue, did not apply. However, there was an issue identified with an added requirement for supervision after imprisonment. The court agreed that the requirement for one year of supervision after his sentence was not appropriate, as new laws did not apply to his case. In conclusion, while Eddings’ suspended sentence was revoked, the court ordered that the requirement for post-imprisonment supervision be removed.

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F-2014-310

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In OCCA case No. F-2014-310, Jeffery Alan Patton appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and other related charges. In an unpublished decision, the court decided to affirm the convictions for manufacturing methamphetamine and possession of a firearm during the commission of a felony, but reversed the conviction for possession of a firearm after felony conviction. One judge dissented on the decision regarding the firearm convictions. Appellant Patton was found guilty by a jury of manufacturing methamphetamine and possessing firearms while committing a felony, as well as possessing a firearm after a felony conviction. He was sentenced to life imprisonment for the first charge, and ten years and two years for the other firearm charges, respectively. Patton argued that the evidence against him was not strong enough and that his lawyer did not effectively defend him. The court reviewed his claims that there was not enough proof that he manufactured methamphetamine and did not actually possess the firearms during the crime. However, the court found that there was enough evidence presented at trial, which could lead any reasonable person to believe he was involved in the crime. The first two propositions were denied, meaning they did not agree with Patton on those points. In regards to his claims of ineffective assistance of counsel, the court found that his lawyer's actions during the trial did not fall below the necessary standards of proper legal representation. Therefore, this proposition was also denied. One of Patton's major contentions was about double jeopardy, saying he should not have been convicted for both firearm charges that arose from the same incident. The court agreed, recognizing that both convictions came from the same act, leading them to dismiss the second firearm possession conviction. As for Patton’s claim that his sentences were too harsh, the court concluded they were within legal limits and not excessively severe. They also noted that Patton didn’t ask for his sentences to run at the same time, leading them to decide there was no error in making his sentences consecutive. Patton also argued he should receive credit for time served before his sentencing; however, because he did not bring this up in court earlier, he could not successfully appeal this point. Lastly, he claimed the evidence should have been suppressed since the search was illegal, but the court determined that the deputies had a good reason for their actions due to public safety concerns. In summary, the court upheld most of Patton's convictions and sentences, highlighting the principle that sufficient evidence and procedural rules were followed during his trial, while reversing one conviction related to firearm possession.

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S-2014-564

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In OCCA case No. S-2014-564, Christopher Knight appealed his conviction for unlawful possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the trial court's decision to suppress the evidence found during the search. One judge dissented. Christopher Knight was walking late at night in Ardmore, Oklahoma, when an officer saw him and decided to approach him. The officer, who was still in training, had been told by his supervisor to check on people out late at night. The officer stopped in front of Knight and asked if he could talk to him. Knight agreed to talk, and during their conversation, the officer asked if he could search Knight, to which Knight also said yes. However, the officer later admitted that Knight was not doing anything wrong at the time and there was no good reason for stopping him. Knight argued that the way the officer stopped him made him feel like he had to talk and that he was not free to leave. The court needed to decide if Knight was stopped in a way that violated his rights. The court found that it was not clear that Knight's encounter with the officer was truly voluntary. The State needed to show that Knight felt free to walk away, but there was no evidence that he could easily avoid the officer. Because of this, the court agreed with the trial judge that the evidence collected during the search should not be used against Knight. As a result, the court affirmed the trial court's ruling to suppress the evidence and ordered the case to go back for more proceedings, as long as they followed the decision made. One judge disagreed with this decision, believing that the officer should not be blamed for simply talking to Knight.

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RE 2014-0706

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In OCCA case No. RE 2014-0706, Sean Eddie Howland appealed his conviction for possessing a stolen vehicle and obstructing an officer. In a published decision, the court decided to reverse the revocation of Howland's suspended sentence and remanded the case to the District Court with instructions to dismiss. One judge dissented. Howland had pled guilty to the charges in 2009 and was given a suspended sentence that included time in jail and fines. He was supposed to follow rules while on probation. However, the State accused him of not staying in touch with his probation officer after he got out of prison in New Mexico. In 2011, Howland admitted to the allegations, and the judge gave him more time to comply with the probation rules. When Howland didn't show up for a review hearing later, the judge revoked his suspended sentence in 2014. Howland then argued that he didn’t get good help from his lawyer during the revocation process and that the delays were unfair. The State also admitted that the delays hurt Howland's case. After looking at everything, the court agreed with Howland and decided to reverse the revocation. The case was sent back to the lower court to dismiss the revocation.

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F-2014-46

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In OCCA case No. F-2014-46, Bradley appealed his conviction for possession of a controlled dangerous substance (cocaine base) in the county jail. In an unpublished decision, the court decided to affirm the judgment of the district court but modified Bradley's sentence from thirty years to twenty years. One judge dissented. Bradley was found guilty by a jury in Garvin County. The jury decided his punishment would be thirty years in prison because he had previously committed felonies. The judge in his case sentenced him accordingly and this new sentence would be served at the same time as sentences from other cases he had. Bradley raised several issues in his appeal. First, he argued that the district court should have allowed him more time to prepare for his trial, but the court did not agree. They believed he did not meet the requirements needed for a continuance. Second, he wanted a new trial because of new evidence, but the court found that the evidence wouldn’t change the trial's outcome. He also claimed that his lawyer did not help him as much as they should have. However, the court found that he could not show how this lack of assistance changed the trial result. Additionally, he argued that the state did not share important information before the trial, but the court ruled that the information was not crucial. Bradley was concerned about comments made by the prosecutor regarding his right to remain silent. The court found no serious mistakes in this regard. Claims of prosecutorial misconduct were also rejected since the comments made were considered harmless in the context of the trial. One key issue was about Bradley's past felony convictions. The state had shown more convictions than were necessary, which the court admitted was a mistake. The court concluded that the jury might have been influenced by the extra information about Bradley's past and decided to lessen his sentence to twenty years, believing this was a fair correction. The judgment of the district court was affirmed, indicating they found no major errors in the trial process that would affect fairness, except for the over-exposure to extraneous felony convictions which led to a reduced sentence. The dissenting judge argued that the error did not greatly affect Bradley's rights and believed the original thirty-year sentence was appropriate.

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RE-2013-1177

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In OCCA case No. RE-2013-1177, Ford appealed his conviction for Domestic Assault and Battery by Strangulation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacate the sentencing portion, ordering that a new sentencing order not exceed the original sentence. No one dissented.

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F-2013-668

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In OCCA case No. F-2013-668, Aaron M. Holmes appealed his conviction for Possessing A Firearm After Felony Conviction. In an unpublished decision, the court decided to modify his sentence. One judge dissented. Aaron M. Holmes was found guilty by a jury for having a gun after previously being convicted of felonies. The jury sentenced him to life in prison and a fine of $10,000. Holmes appealed the conviction, stating several reasons he believed the trial was unfair. He argued that the prosecutor made mistakes by asking the jury to think about evidence from the first part of the trial in later parts. He also claimed his lawyer didn't help him well and that the jury was unfairly influenced by information about his past sentences, leading to a harsh punishment. The jury did clear Holmes of two other charges related to robbery and assault. During the court's review, it was found that the prosecutor was correct in including evidence from the earlier stages of the trial when discussing Holmes's situation. Because Holmes did not raise this concern during the trial, he could not challenge it fully on appeal. Concerning Holmes's claim about the prosecutor mentioning his past sentences, the court found that this was indeed a mistake since it could affect how the jury decided on his punishment. Because the jury opted for the maximum sentence possible, the court modified Holmes's punishment from life in prison to 30 years. As for the argument about the lawyer, the court decided it didn't make sense to say the lawyer was ineffective since the earlier issue was found not to be an actual error. Thus, this part of Holmes's appeal was denied. The court ultimately decided to keep the conviction but changed the length of the prison sentence to be less than what was initially given.

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RE-2013-635

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In OCCA case No. RE-2013-635, Bradberry appealed his conviction for the revocation of his suspended life sentences. In an unpublished decision, the court decided to reverse the full revocation and modify it to a ten-year revocation instead. One judge dissented. Bradberry was given suspended life sentences for failing to register as a sex offender and living near a school. He was on probation for less than two weeks when the state accused him of not reporting to his probation officer and not providing proof of employment or treatment. The trial judge decided to revoke his sentences completely due to these violations. Bradberry argued that the judge made a mistake by revoking his sentences in full, claiming it was excessive. The appeals court agreed that the judge abused his discretion, especially since many of Bradberry’s previous issues happened before his new sentencing. They found that the most significant reason for the revocation was his failure to report, which they believed did not warrant a full revocation. In the end, the appeal court decided that Bradberry’s suspended sentences should be modified. Instead of serving a life sentence, he would have to serve ten years of his suspended time. One judge disagreed with this decision and believed the full revocation was justified because Bradberry had not met his probation requirements.

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F-2013-137

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In OCCA case No. F-2013-137, Antonio Catalino Myrie appealed his conviction for burglary in the second degree. In an unpublished decision, the court decided to affirm Myrie's conviction but vacated the $10,000 fine imposed. One judge dissented regarding aspects of the sentencing arguments presented at trial. Antonio Myrie was tried and found guilty by a jury. The jury decided that he would spend thirty-five years in prison and pay a fine for the crime. Myrie appealed this decision, claiming several errors during his trial. He argued that the trial court made mistakes by not allowing him to suppress DNA evidence, not giving him more time to prepare his case, and other issues he thought affected his right to a fair trial. The judges reviewed the claims made by Myrie. They explained that the evidence used in his trial, including the DNA, was evaluated carefully. The judges believed that the trial court's decision to admit the DNA evidence was not a mistake. They also felt that Myrie did not show that he would have won his case even if the DNA had been tested differently. Myrie's other claims included that the court made mistakes in admitting hearsay evidence, which means statements made outside of court that shouldn't be used as evidence in court. The judges found that there was no strong reason to believe this would change the outcome of the trial, so they denied this claim as well. One important point was about how the jury was instructed on the consequences of a conviction. Myrie’s lawyers did not object to the jury instructions, and the judges concluded that one instruction wrongly made it sound like the fine was mandatory. They decided to remove the fine based on this mistake. Myrie also argued about misconduct during the trial, specifically that the prosecutor mentioned too many of his previous convictions, which he believed made the jury biased against him. However, the judges thought that while there were errors in how the prosecutor presented this information, it did not affect the fairness of the trial enough to change the outcome. In the end, the judges agreed that Myrie's punishment was justified given his past actions, and they decided to keep the thirty-five-year prison sentence while removing the fine due to a mistake about the jury instruction. One judge disagreed with parts of the decision, particularly about how the prosecutor argued about Myrie's past, stating it should have a different impact on the sentence. Overall, the court upheld the conviction and modified the fine.

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RE 2013-0511

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In OCCA case No. RE 2013-0511, Carrie Denise Stumpff appealed her conviction for revocation of her suspended sentence. In a published decision, the court decided that the trial court failed to ensure that Stumpff knowingly waived her right to an attorney, which required them to reverse the decision and send the case back to the District Court for further actions. One member of the court dissented.

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M 2013-0073

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In OCCA case No. M 2013-0073, Fredrick Bruce Knutson appealed his conviction for planning and zoning violations. In an unpublished decision, the court decided to reverse his conviction and remand the case with instructions to dismiss. One judge dissented. Fredrick Bruce Knutson was given four tickets for having signs that were too big according to local rules. He was fined by a municipal court judge for breaking these rules. Knutson argued that the rules were confusing and unfair because they did not clearly explain that they applied to his property, which was used for agriculture, not residential purposes. He also felt there was not enough proof that he really broke the rules since his land was not residential. Knutson pointed out that the city should not have punished him because the signs he had were allowed on agricultural land and because the rules did not say what residential meant. The court decided that the signs were put up in an area that was agricultural and that Knutson should not have been found guilty. Therefore, the court reversed the decision and said Knutson should not be punished for the signs he displayed.

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F 2012-639

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In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

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S-2013-322

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In OCCA case No. S-2013-322, Ridge appealed his conviction for possession of marijuana. In a published decision, the court decided to affirm the order that suppressed evidence obtained during the investigative detention. One judge dissented. The case began when a police detective observed what he thought was a drug deal involving Ridge. He saw Ridge in his car and another vehicle pull up next to him. Ridge got into the other car briefly, then returned to his own. Suspecting a drug transaction, the detective blocked Ridge's car and approached it. When he smelled marijuana, he questioned Ridge, who initially claimed the other person was just delivering puppy papers. Eventually, Ridge admitted there was marijuana under his seat. Ridge filed a motion to suppress the evidence from this encounter because he argued that the police did not have a good enough reason to stop him. Initially, a different judge denied Ridge's motion. However, after Ridge requested a reconsideration, the case was transferred to another judge, who granted the motion to suppress. The main issues on appeal were whether the new judge should have been able to review the case and whether the detective had enough reason to stop Ridge. The court ruled that the new judge was allowed to reconsider the motion. They stated that earlier rulings on suppression motions were not final and could be evaluated again. Regarding the stop, the court found that the detective did not have sufficient reason to detain Ridge. They stated that just observing Ridge getting in and out of a car was not enough to suspect him of criminal activity. Overall, the court agreed with the district court’s decision to suppress the evidence, meaning it could not be used in court against Ridge.

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F-2012-622

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In OCCA case No. F-2012-622, Dewayne Edward Kemp appealed his conviction for First Degree Felony Murder and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction for First Degree Felony Murder but vacated the conviction for First Degree Burglary due to double jeopardy. One judge dissented. Kemp and two accomplices attempted to burglarize a home when the homeowner shot one of the accomplices fatally and injured Kemp. During his time in jail, Kemp made incriminating statements on recorded phone calls. Kemp's appeal included several arguments. He claimed that the state wrongly used hypothetical questions during jury selection, which he said made it difficult to have a fair trial. However, the court found these questions helpful for understanding the law and ruled against him. He also argued that he should have been allowed to present a statement made by a co-defendant, claiming that he was the one who planned the burglary. But since Kemp could not show that this statement would prove his innocence, the court upheld the trial court's decision to exclude it. Kemp raised concerns about the prosecutor's choice to strike some jurors, suggesting it was based on gender. The court reviewed the reasons given by the prosecutor for these strikes and concluded that they were valid, thus rejecting Kemp's argument. Kemp pointed out that being convicted of both felony murder and burglary for the same incident was unfair and violated his rights against double jeopardy. The court agreed with this claim and voided the burglary conviction, stating that the two charges were too closely related. In summary, the court maintained Kemp's felony murder conviction but removed the burglary charge as it conflicted with double jeopardy rules.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse his convictions and remand the case for a new trial where Mitchell may have the chance to represent himself. One judge dissented. Mitchell was found guilty of serious crimes and was sentenced to life imprisonment for murder and additional years for conspiracy. He felt he was not being properly defended by his attorney and had asked multiple times to have his attorney replaced. Eventually, he requested to represent himself, expressing dissatisfaction with his legal counsel. The court found that Mitchell’s request to represent himself was clear and that he understood the risks of doing so. The court concluded that he had the constitutional right to self-representation, which had been violated when his request was denied. Although the court addressed other issues raised in Mitchell’s appeal, the main reason for the reversal was the denial of his right to represent himself. The dissenting opinion argued that the trial court acted correctly by not allowing Mitchell to self-represent due to his disruptive behavior during the trial process. In summary, the decision allows Mitchell another opportunity to conduct his own defense, considering that he properly requested this right before the trial proceedings were fully underway.

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C-2012-664

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In OCCA case No. C-2012-664, Juan Gabriel Choxmis appealed his conviction for First Degree Rape. In a published decision, the court decided to grant Choxmis's petition for a writ of certiorari, meaning they agreed to look at his case again because he did not receive fair representation at his hearing to withdraw his guilty plea. The court found he should have had a lawyer who did not have a conflict of interest. One judge dissented.

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RE-2011-606

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In OCCA case No. RE-2011-606, Douglas Raymond Norwood appealed his conviction for unlawful possession of a controlled drug (cocaine) with intent to distribute. In an unpublished decision, the court decided to affirm the order revoking Norwood's suspended sentences but vacated the portion of the order that unlawfully lengthened his sentences. One judge dissented. Here's a simple summary of what happened in the case: Norwood was given a six-year sentence for possessing cocaine, but this was suspended, meaning he didn’t have to go to jail right away if he followed certain rules. Later, he had problems following those rules, which led to more charges against him for drug possession. He confessed to these new charges and took a plea deal, which resulted in longer sentences. After some time, a judge reviewed his case and decided to reduce his sentences but required him to go to a program called Avalon after he got out of jail. Norwood didn’t manage to get into Avalon because he couldn't pay the admission fees, which led the judge to completely revoke his suspended sentences. Norwood argued in court that the judge shouldn’t have done that because he had followed some of the rules, and he claimed he didn't intend to break those rules. However, the court found that he didn’t follow the requirement to report to Avalon properly. In the final decision, the court agreed with Norwood about a mistake in how his sentence was handled, stating that the judge had taken away more time than he should have. But overall, the court decided that Norwood had violated his probation, so he had to serve his time in jail as determined by the judge.

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C-2012-277

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In OCCA case No. C-2012-277, Crystal Lynn Erb appealed her conviction for Child Neglect. In a published decision, the court decided to remand the case for the appointment of new, conflict-free counsel to represent Erb in her application to withdraw her Alford plea. One judge dissented. Crystal Lynn Erb was charged with child neglect after she was accused of not taking care of her infant, Tamberlyn Wheeler. The events that led to the charges happened between January 2008 and April 2008, but the official charges were not filed until January 2011. This was a delay of almost 2 years and 9 months. A preliminary hearing took place in May 2011, and Erb was bound over on the charge. On October 12, 2011, she entered an Alford plea, which means she did not admit guilt but accepted a plea deal because it was in her best interest. She agreed to testify against her co-defendant, Samuel Wheeler, and was released on her own recognizance. During the sentencing hearing in February 2012, Erb was sentenced to 30 years in prison. Shortly after, her lawyer filed a motion for her to withdraw her guilty plea, arguing that Erb was innocent. However, during the hearing for this motion, the lawyer did not present any strong arguments or evidence for why Erb should be allowed to withdraw her plea. The judge denied the motion. Erb later filed an appeal and sought a review by the court, raising several claims for why her plea should be re-evaluated. She argued that her plea was not made knowingly or intelligently and that she did not receive good legal help due to a conflict with her attorney. The court noted that the issues Erb raised in her appeal were not dealt with properly by her lawyer when they tried to withdraw her plea. The court expressed concerns about whether her plea was voluntary and if her attorney did not provide effective assistance. Since the same lawyer represented Erb during both the plea and the motion process, the court decided that Erb needed a new attorney who could help her without any conflicts of interest. As a result, the court ordered that the case be sent back to appoint a new lawyer for Erb so that they could help her file a new application to withdraw her Alford plea and represent her in any related hearings. The decision was made to ensure that Erb received fair and effective legal help.

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F 2011-1045

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In OCCA case No. F 2011-1045, Joshua Paul Nosak appealed his conviction for first-degree manslaughter, leaving the scene of a fatal accident, driving without a driver's license, and assault with a dangerous weapon. In an unpublished decision, the court decided to affirm his convictions but ordered that the case be sent back to fix a mistake in the sentencing. One judge disagreed with the decision. Nosak was found guilty of serious crimes after a jury trial. The jury decided he was guilty of first-degree manslaughter for driving while impaired and also found him guilty of leaving the scene of an accident after someone died. He was sentenced to a total of 50 years in prison for the manslaughter charge and received additional time and fines for the other offenses. Nosak's appeal raised several arguments. First, he believed that the court should not have allowed a specific charge against him because the underlying misdemeanor wasn't strong enough to support the manslaughter charge. However, the court found that this didn't really hurt his case because the jury found him guilty on other grounds. Second, Nosak argued that the court allowed bad evidence to be presented, which shouldn't have been allowed. The court found that he didn't object to this during the trial, so they couldn’t rule on it unless it was obviously wrong and affected his rights, which they determined it did not. Third, he claimed that he didn’t get good help from his lawyer. However, the court said that because the evidence against him was very strong, he could not show that he was harmed by any mistakes made by his attorney. The fourth point was about correcting mistakes in the court's decision regarding his punishment. The court accepted that there were errors in the sentencing order and decided to send the case back to fix them. Finally, Nosak argued that the many errors combined made it impossible for him to have a fair trial. But the court found that there were no individual mistakes that were serious enough to change the trial's outcome. In conclusion, the decision meant that while Nosak's convictions were upheld, the court would correct the sentencing mistakes before finalizing the case. One judge disagreed with this conclusion, but the others agreed with the majority opinion.

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F 2011-858

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In OCCA case No. F 2011-858, Jesus Ceniceros, Jr. appealed his conviction for multiple counts related to drug trafficking and distribution. In an unpublished decision, the court decided to reverse and remand two of the convictions while affirming the rest. One judge dissented. Jesus Ceniceros was tried and found guilty of eight counts involving illegal drug activities in Pottawatomie County. His charges included serious crimes like aggravated trafficking in illegal drugs, trafficking in illegal drugs, and unlawful distribution of methamphetamine. For these convictions, he received long sentences, some requiring him to serve 85% before being eligible for parole, along with hefty fines. After his trial, Ceniceros raised some points in his appeal. First, he argued that the search warrant used for police to search his home did not follow the rules set by Oklahoma law. However, the court found the warrant was good enough to let the police find the place to search without needing any extra information. Next, Ceniceros suggested that the trafficking and distribution counts should combine into one charge. He claimed he was being punished twice for the same act. The court agreed that this was a mistake and that it wasn’t fair to punish him separately for those charges because they were related to the same crime. Lastly, Ceniceros claimed that the sentences he received were too harsh. The court examined this but found the punishments were acceptable under the law and did not seem overly severe. As a result of these discussions, the court decided to throw out two of his convictions for distribution of controlled dangerous substances but kept the other convictions. The court concluded that his sentences were appropriate and upheld them, stating that the trial judge acted correctly by making the sentences run one after the other instead of at the same time. This summary highlights the main points of the case and the court’s final decisions.

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C-2012-714

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In OCCA case No. C-2012-714, the petitioner appealed his conviction for larceny of merchandise from a retailer and resisting an officer. In a published decision, the court decided to affirm the conviction for larceny but to reverse and remand the conviction for resisting an officer. One member of the court dissented. The case began when Darrell Odell Golden was charged with stealing merchandise from a department store and for resisting arrest after being approached by law enforcement. Golden stole items valued over $1,000, and when police tried to arrest him, he ran away. Golden pled guilty to both charges but later wanted to withdraw his plea, arguing that he was confused about his possible sentence and that he did not understand the charges properly. The court found that while Golden’s plea for larceny was valid, his plea for resisting an officer lacked evidence of the required force or violence, which is necessary to support that charge. Therefore, the court allowed him to withdraw his guilty plea for that particular count but upheld his conviction for larceny. Ultimately, the decision meant that Golden will keep his larceny conviction and its associated penalties, but the charge of resisting an officer was overturned, allowing for further legal proceedings on that matter.

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F-2010-665

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In OCCA case No. F-2010-665, Roy C. Williams appealed his conviction for Second Degree Felony Murder and two counts of Using a Vehicle to Facilitate the Discharge of a Firearm. In an unpublished decision, the court decided to reverse one count of his conviction while affirming the others. One judge dissented. Roy C. Williams was sentenced for his involvement in a drive-by shooting that resulted in the death of one person and injuries to another. Williams was found guilty by a jury in the Tulsa County District Court of two counts related to using a vehicle in the shooting and one count for murder. The judge sentenced him to a total of eighteen years in prison, which included twelve years for the murder charge and three years for each of the other counts, to be served one after the other. Williams raised several arguments as reasons for appealing his conviction. He believed that his confession to the police should not have been used against him because he claimed he did not have his right to remain silent protected. He also thought that the evidence against him was not strong enough to support his convictions. Upon reviewing the case, the court decided that the law enforcement officials acted correctly when they obtained Williams's confession. The court said that he willingly talked to them, so this argument was denied. Regarding the second argument, the court noted that Williams knowingly drove to a place where rival gang members were located with guns in the vehicle. This behavior was enough to show he was part of the act that led to the shooting, so this argument was also denied. The third argument was about a legal principle called the merger doctrine. Williams’s defense argued that his felony murder charge should not stand because it was related to the same act as the charge for using a vehicle to facilitate the shooting. However, the court decided to keep the felony murder conviction, stating that both charges could stand because of the way the law is now interpreted. For his fourth argument concerning double jeopardy, which means a person cannot be tried for the same crime twice, the court agreed. They stated that the charges were based on the same set of facts, so they could not convict him on both counts pertaining to the same act. Because of this, the conviction for the second count of using a vehicle was reversed. The fifth argument was about whether Williams should receive credit for the time he spent in jail before the trial. The court ruled that it was up to the trial judge to decide whether to grant that credit and found no evidence that the judge made a mistake in denying it. This argument was also denied. The sixth argument claimed that his lawyer did not do a good job representing him during the trial. The court found that even if his lawyer made some mistakes, they did not affect the overall outcome of the case. After reviewing all of his arguments, the court decided to reverse the second count concerning the vehicle but kept the murder conviction and the first charge intact. Thus, Williams had mixed results from his appeal, with one conviction dismissed but others upheld. In conclusion, the decision resulted in one count being reversed and the remaining convictions affirmed, meaning Williams would continue to serve his sentence, minus the count that was reversed.

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