Okla. Stat. tit. 37 § 8 Archives

RE-2020-398

Post author:Staff
Post published:October 21, 2021
Post category:RE

In OCCA case No. RE-2020-398, Kenneth Joe Norton appealed his conviction for Failure to Register as a Sex Offender and Larceny of Merchandise from a Retailer. In a published decision, the court decided to affirm the revocation of his suspended sentences but ordered the trial court to modify the term executed on one charge to one year. One judge dissented. Norton was charged with two crimes, Failure to Register as a Sex Offender and Larceny of Merchandise, and he pleaded no contest in both cases. He was sentenced to ten years in prison, but part of that sentence was suspended as long as he completed a program. Later, the State claimed he broke the terms of his suspended sentence by getting into more trouble, which led to a court hearing. Norton argued that the sentence that was given to him was too long. He believed that the old law allowed a shorter sentence. The court looked at his claims and noted that, since the law changed after he was convicted, he should only serve one year on the larceny charge. This part of his appeal was accepted. Norton also tried to argue that some of the evidence during his revocation hearing should not have been allowed because it was obtained without proper procedures. He claimed that he had not been warned about his rights when he made a statement that led to his arrest. The court explained that during a revocation hearing, the same protections as a criminal trial do not apply. Therefore, the evidence was allowed. Moreover, he claimed his lawyer did not do a good job because they did not raise certain points about his case. However, since one of his claims was accepted, the court decided that it did not matter if the lawyer made mistakes because his issue was already resolved. In conclusion, the court allowed some changes to the sentence but maintained that his revocation was valid. The court focused on the rules for reviewing revocation cases and kept Norton accountable for his actions that led to the revocation of his suspended sentences.

F-2018-375

Post author:Staff
Post published:June 13, 2019
Post category:F

In OCCA case No. F-2018-375, Jones appealed his conviction for multiple offenses including possession of controlled substances and public intoxication. In a published decision, the court decided to affirm the termination of Jones from Drug Court and his sentencing, while also remanding a separate charge for correction regarding sentencing length for public intoxication. One judge dissented. Jones had multiple guilty pleas and was given the chance to participate in a Drug Court program with the understanding that if he successfully completed it, his charges would be dropped. However, if he failed, he would face prison time. Although he had some chances and was sanctioned when he did not adhere to the program, he repeatedly tested positive for drugs, which caused the state to move for his termination from the program. During the hearings, witnesses from the state presented evidence that showed Jones had a new arrest for driving under the influence of alcohol and had failed multiple drug tests. Jones's defense argued that he had made progress and changed for the better, but the judge decided to terminate him from the Drug Court program based on the evidence of his continued drug use and new charges. The court found that his actions justified the termination. Additionally, the court recognized an error in Jones's sentencing for public intoxication because it exceeded the maximum allowed by law. The court ordered that part of the case be sent back to correct the sentence. The final decision was to uphold the termination from Drug Court but allow a correction on the public intoxication charge's sentencing in a separate order.

S-2015-723

Post author:Staff
Post published:September 8, 2016
Post category:S

In OCCA case No. S-2015-723, Alexander appealed his conviction for possession of a controlled dangerous substance (marijuana), unlawful possession of drug paraphernalia, and public intoxication. In a published decision, the court decided to affirm the district court's order that sustained Alexander's motion to suppress evidence and dismiss the charges against him. One judge dissented. The case started when a highway patrol officer saw two vehicles on the side of the road, one of which looked disabled. Instead of checking on the disabled vehicle, the officer decided to pull over a maroon car that was leaving the scene because it had a cracked windshield. Alexander was in the front passenger seat of the maroon car. When the officer asked for identification, Alexander admitted he did not have any. The officer said he would check Alexander's information in his cruiser for safety reasons. While talking to Alexander in the cruiser, the officer noticed he smelled alcohol on him and saw signs of slurred speech and slow movements. The officer found out that Alexander had an outstanding warrant and arrested him. Initially, there were inconsistencies in the officer's story about what happened during the stop. He claimed the smell of alcohol was evident when Alexander exited the car, but later changed his answers under questioning. During the hearing about Alexander's motion to suppress the evidence, the officer's actions came under scrutiny. The state argued that the stop was justified, and that finding the warrant should allow the evidence collected to be used. However, the district court felt the officer's actions were not good faith mistakes but rather improper. The officer had handcuffed Alexander and questioned him without informing him of his rights, which the court deemed as a significant violation of Alexander's rights. The higher court found the district court had properly assessed the facts and ruled in favor of Alexander. They determined that the illegal stop and the officer's methods were serious enough to dismiss the evidence gathered after the stop. Thus, the verdict of the trial court to suppress evidence and dismiss the case was upheld.

F-2014-336

Post author:Staff
Post published:July 15, 2015
Post category:F

In OCCA case No. F-2014-336, Deandre Bethel appealed his conviction for First Degree Felony Murder, Robbery with a Firearm, Transporting a Loaded Firearm in a Motor Vehicle, and Public Intoxication. In a published decision, the court decided to affirm his convictions for First Degree Felony Murder and the other charges except for Robbery with a Firearm, which was reversed and remanded with instructions to dismiss that charge. One judge dissented. Bethel was convicted by a jury in Tulsa County for crimes related to the death of a victim during a robbery. The jury sentenced him to life in prison for murder, along with additional sentences for the other charges. During the appeal, Bethel raised several issues, arguing that there was not enough evidence for his convictions, that he should not be punished for both murder and robbery based on the same incident, and that he did not receive a fair trial for various reasons, including how the jury was instructed and what evidence was allowed. The court found that the evidence was sufficient to convict him of murder and upheld that conviction. However, they agreed that having separate convictions for robbery and murder from the same act violated his rights under the Double Jeopardy Clause, so they reversed the robbery conviction. Bethel also argued that the trial court made errors in not instructing the jury about lesser offenses and in handling jury questions, but the court found these claims did not warrant a new trial. Other claims, such as the admission of jail phone calls and victim impact statements, were also rejected. In the end, the court affirmed the convictions for murder and the other charges, but dismissed the robbery charge, allowing Bethel to focus his appeal on the correct aspects of his case.

F-2012-478

Post author:Staff
Post published:December 12, 2013
Post category:F

In OCCA case No. F-2012-478, Michael Ray Baack appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court while remanding the case to correct the judgment regarding the fine on Count 1. One member of the court dissented. Michael Ray Baack was found guilty by a jury in Canadian County for having controlled substances and for being publicly intoxicated. The jury decided that he should serve eight years in prison and pay a $2,000 fine for the drug charge, along with thirty days in jail for public intoxication. The judge ordered both sentences to be served one after the other but waived the fine on the drug charge. Baack raised several questions on appeal. He argued about the evidence being enough to convict him of the drug charge, how other crimes were presented during the trial, the lack of instructions on a lesser drug offense, the fine, and whether his sentence was too harsh. 1. The court found that the evidence showed Baack had knowingly possessed drugs. The jury had enough proof to make a logical decision based on the facts presented. 2. About the other crimes evidence, the court mentioned that Baack had introduced his prior record himself, so he could not complain about that during the appeal since it was his choice to bring it up. 3. Baack's request for a lower charge on drug paraphernalia was not granted because he claimed he was innocent. The court said that when someone claims they did not do something, they cannot ask for lesser charges. 4. The fine for the drug charge was waived, and both Baack and the state agreed that the case should go back to the lower court to correct the documents to show there was no fine. 5. The claim that Baack was hurt by showing his previous felony conviction was denied because it did not affect the outcome of the case. The court stated that the sentences were appropriate and followed the law. In conclusion, the court upheld the findings of the lower court and noted there was no need for a new trial or changes to the verdicts, except for correcting the issue with the fine.

F-2006-896

Post author:Staff
Post published:July 19, 2007
Post category:F

In OCCA case No. F-2006-896, the appellant appealed his conviction for first-degree arson, assault and battery domestic abuse, assault and battery, and public intoxication. In an unpublished decision, the court decided to affirm the judgments and sentences for counts I and II but modified the sentences for counts III and IV by vacating the fines imposed on those counts. One judge dissented. Michael Wayne Schulze was found guilty of starting a fire, which was labeled as first-degree arson, along with committing several misdemeanors related to domestic abuse and public intoxication. The jury recommended lengthy prison time and fines for these actions. Schulze argued that the evidence against him was not strong enough to prove his guilt for arson. He also claimed that the instructions given to the jury were misleading regarding his possible sentences and fines. He sought modifications to the imposed fines and sentences, while also asserting that the prosecutor behaved improperly during the trial. The court examined the arguments and determined that the evidence was sufficient to support the jury's finding of guilt for arson. They agreed that the jury was wrongly instructed about potential sentencing for certain charges, which warranted relief by adjusting the fines for the misdemeanor counts. However, they maintained the convictions and sentences for the arson and domestic abuse counts, deciding that the errors in jury instructions did not severely impact the outcome of the case. Overall, the court upheld the majority of the original decisions but aimed to correct parts of the sentencing that were found to be incorrect, ensuring justice was served.

F 2000-1543

Post author:Staff
Post published:January 1, 2002
Post category:F

In OCCA case No. F 2000-1543, James Rickey Ezell, III appealed his conviction for Trafficking in Illegal Drugs, Resisting an Officer, and Public Drunk. In an unpublished decision, the court decided to affirm the conviction for Resisting an Officer and Public Drunk but modified the sentence for Trafficking in Illegal Drugs from seventy years to forty years imprisonment. One judge dissented. Ezell was convicted after a jury trial where he faced three charges. The jury decided on tough punishments, including a long 70-year sentence for the drug charge. Ezell argued that his arrest was illegal and that various legal mistakes were made during the trial, including issues with how the jury was selected and his lawyer's performance. The court reviewed these points carefully. They found that Ezell's arrest was legal and that the jury selection did not violate his rights. The law under which he was charged for drug trafficking was also upheld as valid. However, the court agreed that his defense lawyer didn't do enough to investigate previous convictions that were used against Ezell during sentencing. Because of this lack of investigation, the court reduced his long sentence for drug trafficking but kept the other convictions intact. In the end, Ezell's hard punishment for drug trafficking was changed, but he still faced serious time for his actions.

J-2001-57

Post author:Staff
Post published:October 2, 2001
Post category:J

In OCCA case No. J-2001-57, J.L.H. appealed her conviction for Public Drunk. In an unpublished decision, the court decided to affirm the adjudication of delinquency and disposition of the District Court while modifying the victim compensation assessment. One judge dissented. J.L.H. was found delinquent because she did something that, if she were an adult, would be considered being publicly drunk. This happened in the District Court of Grady County. After the court made its decision, J.L.H. was placed under the care of the Office of Juvenile Affairs and was to live with her grandmother. J.L.H. had three main reasons for her appeal. First, she believed that the court's decision did not match the evidence presented and the court's own conclusions. Second, she thought it was wrong that her treatment plan was not filed on time, as the rule says it should be done in thirty days. Third, she argued that the court should not have made her pay a victim compensation fee because it did not apply to her case. After looking closely at the records, the court found that there was enough proof during the hearing to support the decision made about J.L.H. They decided that the way she was placed with her grandmother was in her best interest and fit with the law's requirements. The court also determined that not filing the treatment plan on time did not harm J.L.H. However, the court agreed with J.L.H. on the issue of the victim compensation fee. They said that the court could not charge her this fee because there was no evidence to support it in her case. So, they decided to cancel the $25 fee. Overall, the court upheld the main decision about J.L.H.'s delinquency and how she would be treated, but they removed the charge for the victim compensation fee.

F-2000-1062

Post author:Staff
Post published:February 1, 2000
Post category:F

In OCCA case No. F-99-710, Bruce Hampton appealed his conviction for Trafficking in Cocaine Base, Failure to Affix a Tax Stamp, and Public Intoxication. In an unpublished decision, the court decided to affirm the judgment on Counts 2 and 3, but modified the fine on Count 1 to $10,000. One judge dissented. Bruce Hampton was found guilty of serious crimes. The jury decided he should go to jail for a long time, giving him a total of fifty years for one charge and another fifty years for another charge, along with thirty days in jail for being publicly drunk. The judge agreed with the jury's decision. However, there was a problem with the fine that was placed on Bruce Hampton for the serious crime of Trafficking in Cocaine Base. The court discovered that the fine given was not correct according to the law. The law said the maximum fine should only be $10,000, not the higher amount that was initially decided. Because of this mistake, the court changed the fine to the correct amount but did not change the jail time sentences. So, the court said that Bruce's time in jail and other sentences would stay the same except for the fine, which was lowered.