F-2005-700
In OCCA case No. F-2005-700, Harry Oliver West appealed his conviction for Driving While Under the Influence of Alcohol and Driving While License is Canceled/Suspended/Revoked. In a published decision, the court decided to reverse the conviction and send the case back for a new trial. One judge dissented. West was found guilty by a jury, which decided that he should serve a total of 45 years in prison for the first offense and 1 year for the second offense, with some fines included as well. However, during the trial, the jury was not given proper instructions about what driving under the influence and driving while impaired mean. Even though West did not ask for these instructions, the court agreed that this was a significant mistake that affected the case. Due to this error, the court found that West deserved another chance to have his case heard, which means a new trial will take place. As a result, the decisions made in the trial are reversed, and the case gets remanded, which means it goes back to the lower court for a fresh start.