F-2008-1014

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In OCCA case No. F-2008-1014, Marcus Durell Hooks appealed his conviction for trafficking in controlled substances, possession of an offensive weapon in the commission of a felony, and eluding a police officer. In an unpublished decision, the court decided to affirm the convictions but remand the case for correction of the Judgment and Sentence. One judge dissented. Marcus was found guilty by a jury on three counts. His main issues on appeal included claims of improper evidence use, insufficient evidence, ineffective assistance of counsel, excessive sentencing, prosecutorial misconduct, and errors related to jury instructions and sentencing fees. The court reviewed the propositions raised by Marcus and concluded that the trial court didn’t abuse its discretion regarding the police checkpoint situation since the evidence causing the convictions was not a result of the checkpoint. The evidence showed that Marcus had joint control over the drugs and firearms involved in the case. About counsel's performance, the court found no effectiveness issues because the alleged errors did not affect the trial's outcome, nor did the sentencing appear excessively severe. The prosecutor's statements during the trial were also determined not to have harmed Marcus's case. Additionally, the court agreed with Marcus about some fees being improperly assessed but decided that overall, any errors did not combine to deny him a fair trial. Thus, while most of Marcus's complaints were rejected, the court ordered corrections related to the sentencing paperwork.

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C-1999-766

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In OCCA case No. C-1999-766, Larnell Baucom, Jr. appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse the trial court's ruling and allow Baucom to withdraw his guilty plea. One judge dissented. Baucom had pleaded guilty to the crime of Trafficking in Illegal Drugs and received a ten-year prison sentence along with a suspended fine. Later, he wanted to withdraw his guilty plea, claiming that his attorney had given him incorrect advice regarding his potential sentence. The court looked at the case thoroughly, reviewing all records, transcripts, and Baucom's arguments. The main issue was whether the trial court was right to deny Baucom's request to withdraw his plea. The court found that Baucom’s attorney did not provide effective legal support, which led to Baucom entering his plea based on wrong information. Therefore, the court ruled that he should get the chance to withdraw his plea if he wants to. The dissenting opinion said that Baucom did not prove his plea was not knowingly made and that there was no strong evidence of improper advice from his lawyer. The dissenting judge argued that it was not the court's responsibility to act as Baucom's lawyer or raise issues that were not directly claimed by him.

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