Oklahoma County Archives - Page 2 of 5

RE-2018-425

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

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **ROBERT JOSEPH CLARK, JR.,** **Appellant,** **v.** **STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-425** --- **SUMMARY OPINION** **LEWIS, PRESIDING JUDGE:** On April 9, 2015, Appellant Clark, represented by counsel, entered a guilty plea to Count 1, Possession of a Controlled Dangerous Substance (CDS) (Methamphetamine), and Count 2, Possession of a CDS (Psilocybin) in Oklahoma County Case No. CF-2014-8289. Sentencing was deferred for five (5) years, subject to terms and conditions of probation. On September 9, 2015, Clark's sentence in Case No. CF-2014-8289 was accelerated, and he was sentenced to eight (8) years each for Counts 1 and 2, all suspended, with terms and conditions of probation. That same date, Clark entered a guilty plea to Count 1, Assault and Battery with a Dangerous Weapon, and Count 2, Possession of a CDS in Oklahoma County Case No. CF-2015-3126. He was sentenced to eight (8) years for each count, all suspended, also subject to terms and conditions of probation. Clark's sentences in Case No. CF-2015-3126 were ordered to run concurrently with his sentences in Case No. CF-2014-8289. Additionally, Clark entered a guilty plea in Oklahoma County Case No. CF-2015-3693 for Possession of a CDS, receiving a sentence of three (3) years, all suspended, which was ordered to be served consecutively to his sentence in Case No. CF-2015-3126. On March 24, 2017, the State filed an Application to Revoke Clark's suspended sentences in all three referenced cases, alleging the commission of new offenses in Oklahoma County Case Nos. CF-2016-7039 (possession of stolen property and possession of drug paraphernalia) and CM-2016-2833 (obstructing an officer and failing to wear a safety belt). Following a revocation hearing on April 17, 2018, the District Court of Oklahoma County, presided over by the Honorable Ray C. Elliott, revoked Clark's suspended sentences in full. Clark's sole proposition of error on appeal alleges an abuse of discretion in revoking his suspended sentences, claiming that the sentence is excessive. The revocation of Clark's suspended sentences is AFFIRMED. The scope of review in a revocation appeal is limited to the validity of the revocation order executing the previously imposed sentence. We examine the basis for the factual determination and assess whether there was an abuse of discretion. It is established that violation of even one condition of probation is sufficient to justify the revocation of a suspended sentence. Based on the appeal record, there appears to be no merit in Clark's contention that the full revocation of his suspended sentences is excessive, nor do we find an abuse of discretion in Judge Elliott's decision. **DECISION** The order of the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2014-8289, CF-2015-3126, and CF-2015-3693 is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), the MANDATE is ORDERED issued upon the delivery and filing of this decision. --- **APPEARANCES AT TRIAL** **THOMAS HURLEY** **ASST. PUBLIC DEFENDER** **OKLAHOMA COUNTY PUBLIC DEFENDER'S OFFICE** **611 COUNTY OFFICE BLDG.** **320 ROBERT S. KERR AVE.** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR APPELLANT** **KIRK MARTIN** **ASST. DISTRICT ATTORNEY** **OKLAHOMA COUNTY** **320 ROBERT S. KERR SUITE 505** **OKLAHOMA CITY, OK 73102** **COUNSEL FOR THE STATE** **OPINION BY:** LEWIS, P.J. **KUEHN, V.P.J.: Concur** **LUMPKIN, J.: Concur** **HUDSON, J.: Concur** **ROWLAND, J.: Concur** --- [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-425_1734692953.pdf)

F-2017-68

Post author:Staff
Post published:May 30, 2019
Post category:F

This text appears to be a legal opinion from the Court of Criminal Appeals of the State of Oklahoma regarding the case of Jonathan D. McKee, who was convicted of Child Abuse. The judgment affirms the conviction and address various propositions raised by the appellant concerning the conviction and the trial process. The summary of the opinion includes analysis of the following propositions: 1. **Sufficiency of Evidence**: The court concluded that there was sufficient evidence for a rational juror to convict McKee of child abuse based on medical expert testimony. 2. **Evidentiary Rulings**: The court reviewed multiple evidentiary rulings that McKee argued were erroneous. They concluded that while McKee's refusal to speak with authorities could raise Fifth Amendment concerns, it did not constitute plain error affecting the trial’s outcome. Additionally, evidence concerning drug paraphernalia was found relevant to the case. 3. **Judicial Bias**: Appellant’s claim of judicial bias was rejected as the court found no evidence of actual bias or any violations affecting due process. 4. **Cumulative Error**: The court stated that because none of the individual propositions were sustained, the cumulative error argument had no merit. The opinion also includes concurring opinions from Judges Kuehn and Rowland. Judge Kuehn expressed some reservations about the relevance of mentions of a request for legal counsel, while Judge Rowland emphasized that McKee's conduct and refusal to speak were relevant in assessing guilty knowledge, even though they did not implicate any constitutional violations. The final decision affirmed the judgment and sentence, with the court ordering the mandate issued upon delivery and filing of this decision. For further details, one may refer to the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2017-68_1734271673.pdf).

RE 2018-0118

Post author:Staff
Post published:May 30, 2019
Post category:RE

In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for violating the terms of his suspended sentence. In an unpublished decision, the court decided to affirm the order revoking his suspended sentence. One judge dissented. Samuel Keith Carolina had originally been sentenced to twenty years for burglary, but the last ten years were suspended while he followed certain rules. However, in December 2017, the state accused him of committing several new crimes, including assault and battery with a deadly weapon and shooting with intent to kill. Some of these claims were removed before the revocation hearing. At the hearing held on January 30, 2018, the judge found enough evidence to support the state's claims, specifically the first allegation. Carolina argued that the evidence was not strong enough to prove he broke the terms of his sentence. The court explained that to revoke a suspended sentence, the evidence just needs to show that it's more likely true than not, meaning the evidence has to be convincing. Ultimately, because they found that there was enough evidence to support at least one of the violations, the court decided to uphold the revocation of Carolina's suspended sentence.

RE 2018-0118

Post author:Staff
Post published:May 30, 2019
Post category:RE

In OCCA case No. RE 2018-0118, Samuel Keith Carolina appealed his conviction for the revocation of his suspended sentence. In an unpublished decision, the court decided to affirm the order of the District Court revoking his suspended sentence. One justice dissented. Samuel entered a guilty plea to burglary and was given a suspended sentence, which meant he would not serve his full sentence unless he broke the rules. However, after some time, the State accused him of committing new crimes, which led to the revocation hearing. The court found enough evidence to support the claims against him and revoked his suspended sentence. On appeal, Samuel argued that the evidence presented was not sufficient to prove he had committed the new crimes. However, the court explained that for revoking a suspended sentence, the state only needs to show that it is more likely than not (a preponderance of the evidence) that the person violated the terms. Since the court found that the state met this burden, they confirmed the decision to revoke Samuel's sentence.

RE-2018-249

Post author:Staff
Post published:May 16, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CAMERON CLEO GIVENS,** **Appellant,** **v.** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-249** **FILED IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **MAY 16, 2019** **SUMMARY OPINION** **JOHN D. HADDEN, CLERK** **LUMPKIN, JUDGE:** Appellant Cameron Cleo Givens appeals from the revocation of his suspended sentence in Oklahoma County District Court Case No. CF-2003-2422, overseen by Judge Glenn M. Jones. On February 2, 2005, Appellant entered a plea of guilty to multiple counts, including four counts of Rape in the Second Degree and three counts of Forcible Oral Sodomy. He was sentenced to prison terms, with most of the sentences suspended, leading to an effective agreement of concurrent sentences. On May 2, 2017, the State filed an Amended Application to Revoke Suspended Sentence, alleging several violations, including failure to report to his probation officer, non-compliance with the Sex Offender Registration Act, and new crimes committed in two other cases. After the revocation hearing, Judge Jones revoked Appellant's suspended sentence in full. **Proposition I:** Appellant contends he was denied adequate opportunity to request discovery regarding Officer O'Connor's testimony. However, he was given notice about Officer O'Connor's potential testimony and did not establish a right to further discovery. The proposition is deemed meritless. **Proposition II:** Appellant asserts that it was improper to admit and rely on the preliminary hearing transcript from Case No. CF-2016-9187 for the revocation. The standards of due process allow for such admission without requiring proof of a witness's unavailability when the defendant had the chance to confront the witness in prior hearings. His objections are similarly without merit, as the case law indicates that competent evidence supported the revocation independent of the contested transcript. **Conclusion:** A suspended sentence is a grace extended by the court. The State need only prove one violation to justify a full revocation of a suspended sentence. In this case, the trial court's decision was within its discretion and supported by competent evidence. **Decision:** The revocation of Appellant's suspended sentences in Oklahoma County District Court Case No. CF-2003-2422 is **AFFIRMED**. ADDITIONAL NOTES: The opinion was filed by Judge Lumpkin, with concurrence from Presiding Judge Lewis, Vice-Presiding Judge Kuehn, and Judges Hudson and Rowland. **Mandate ordered upon filing.** **Counsel for Appellant:** Katie Samples and Johanna F. Roberts, Assistant Public Defenders, Oklahoma City, OK. **Counsel for Appellee:** Jessica Foster, Assistant District Attorney, and Mike Hunter, Attorney General of Oklahoma, Oklahoma City, OK. **For complete judicial proceedings, refer to the downloadable PDF.** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-249_1734697863.pdf) --- *This document summarizes the judicial opinion concerning the revocation of Cameron Cleo Givens' suspended sentences following probation violations and provides insights on the legal rationale behind the court's decision.*

F-2018-359

Post author:Staff
Post published:May 16, 2019
Post category:F

In OCCA case No. F-2018-359, Antonio Tiwan Taylor appealed his conviction for robbery with a firearm, conspiracy to commit a felony, and being a felon in possession of a firearm. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Taylor was found guilty of robbing a home along with two other men. During the robbery, they used guns and threatened the residents, forcing them to the floor and taking their belongings. After the robbery, one of the witnesses, Felicia Alvarado, identified Taylor as one of the robbers. Alvarado explained that even though Taylor wore a bandanna over his face, she saw his face clearly when it fell off for a moment. A couple of weeks later, the police found jewelry that had been taken during the crime in Taylor's possession. Another accomplice in the robbery, who had pleaded guilty, also testified against Taylor, naming him as a participant. Although that person changed his story during Taylor's trial, the court still considered his initial statement as evidence. Taylor raised multiple points in his appeal. He argued that the evidence wasn’t enough to prove he was guilty. The court disagreed, stating that the witness's strong identification of him and the jewelry found with him provided enough evidence. Taylor also argued that the trial court should have instructed the jury to be cautious about eyewitness testimony. The court ruled that since there was solid evidence, the instruction wasn't necessary. Next, Taylor claimed it was unfair to convict him for both robbery and gun possession since they were connected to the same crime. The court found no issue with this and explained that the laws allowed for separate convictions in these cases. Finally, Taylor argued that all these points together should lead to a new trial. However, since the court found no errors in the points raised, they denied this request as well. In conclusion, the court upheld the original sentences of thirty years for the robbery counts and ten years for the other charges.

F-2017-1230

Post author:Staff
Post published:April 25, 2019
Post category:F

In OCCA case No. F-2017-1230, Oleithia June Cudjo appealed her conviction for second degree murder while in the commission of felony driving under the influence, driving while privileged suspended, and transporting an open container of liquor. In an unpublished decision, the court decided to affirm her conviction. One judge dissented.

RE-2017-801

Post author:Staff
Post published:April 18, 2019
Post category:RE

**Court of Criminal Appeals of the State of Oklahoma** **Case Summary** **Appellant:** Donald Antwan Mayberry **Appellee:** State of Oklahoma **Case No:** RE-2017-801 **Judges:** John D. Hudson (Chief Judge), Lewis, Kuehn (Vice Chief Judge), Lumpkin, Rowland (Judges) **Date Filed:** April 18, 2019 **Overview:** Donald Antwan Mayberry appealed the full revocation of his ten-year suspended sentences imposed by the District Court of Oklahoma County, presided over by Judge Timothy R. Henderson. Mayberry had previously pleaded guilty to two counts of Assault and Battery with a Dangerous Weapon, which resulted in concurrent ten-year suspended sentences under probation. **Revocation Proceedings:** The State filed an application to revoke Mayberry's suspended sentences, alleging several violations, including: 1. Committing new crimes (including Manufacturing or Possessing an Explosive Device). 2. Using methamphetamine while on probation. 3. Failing to pay probation fees. 4. Driving while his license was suspended. At the revocation hearing, the State presented evidence from law enforcement officers and Mayberry’s probation officer. Notable testimony included: - Sergeant Anthony Lee described a traffic stop of Mayberry's vehicle, where he discovered drugs and an ammo box containing bomb components. - Scott Dawson, a bomb technician, testified about the nature of the device found, indicating it could function as an improvised explosive device (IED). - Probation officer Brooke LeFlore reported Mayberry’s positive drug test for methamphetamine. Mayberry did not present any evidence in his defense. Judge Henderson concluded that Mayberry violated probation terms by committing the new crimes and using drugs, leading to the full revocation of his suspended sentences. **Propositions of Error:** 1. **Insufficient Evidence for Manufacturing an Explosive Device:** - Mayberry argued that the State failed to establish his intent to use the bomb or to send it to another person, as required by statute. - The court held that the evidence presented was sufficient to infer intent to intimidate or unlawfully damage property, and that one proven violation of probation was enough to justify revocation. 2. **Abuse of Discretion in Revocation Decision:** - Mayberry contended that the trial court abused its discretion by revoking his sentence in full, arguing that the punishment was excessive. - The court maintained that the presence of bomb-making materials and other violations substantiated the revocation decision. **Conclusion:** The Court affirmed the trial court's decision to revoke Mayberry's ten-year concurrent suspended sentences in full, finding that the evidence was adequate to support the conclusions of the trial judge. **Final Order:** Appellant's revocation of suspended sentences is **AFFIRMED**. The mandate is ordered to be issued. **Counsel for Appellant:** Pierce Winters, Marva A. Banks (Oklahoma County Public Defender’s Office) **Counsel for Appellee:** Kelly Collins, Mike Hunter (assistant district attorneys); Theodore M. Peeper (assistant attorney general) **Opinion Issued By:** Judge Hudson **Concurrences:** Judges Lewis, Kuehn, Lumpkin, and Rowland each concurred with the decision. [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-801_1734709994.pdf)

F-2018-184

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

F-2017-1231

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1231, Antonio Tiwan Taylor appealed his conviction for two counts of Sexual Abuse of a Child. In a published decision, the court decided to affirm the conviction. One member of the court dissented. Antonio Tiwan Taylor was found guilty by a jury in Oklahoma for harming his girlfriend's seven-year-old daughter in December 2014. The girl talked about what happened to her, and the State also shared letters that Taylor wrote to the child's mother where he seemed to admit his actions and apologize. Furthermore, a young woman testified that Taylor had raped her before, which was included to show his tendency to commit such acts. Taylor appealed his conviction on several points. First, he argued the trial court should not have allowed the woman’s testimony, claiming it was more harmful than helpful to his case. The court reviewed this claim and found no error in allowing her testimony; they saw it as relevant and not unfairly prejudicial to Taylor. Second, during the trial, the woman who made the earlier accusation did not show up, and Taylor argued that her absence meant her prior testimony shouldn’t be used. The court decided she was unavailable and allowed her earlier testimony to be read to the jury. Taylor disagreed but the court believed the State made enough effort to locate her, and they maintained that her previous testimony was still valid and credible. Next, Taylor made a claim based on collateral estoppel. This is a legal principle that says if someone was found not guilty of a crime, they shouldn’t be tried again for the same issue. Taylor believed that because he was acquitted of raping the woman in question, her testimony should not have been used against him in this case. However, the court explained that an acquittal does not mean the person is innocent but that there was reasonable doubt about their guilt. Thus, they could still consider the facts of the earlier case for a different purpose. Lastly, Taylor argued that even if the trial had a few errors, they added up to a reason for a new trial. Since the court found no errors in the previous claims, this argument was also denied. The court ultimately affirmed the decisions made during the trial, meaning Taylor's convictions and sentences remained in place.

F-2017-1167

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2017-1167, Revival Aso Pogi appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. Revival Aso Pogi was convicted of murdering Steven Qualls in Oklahoma City in April 2014. Qualls was found dead in his home, and the scene was very bloody. An autopsy showed he had been beaten and stabbed over fifty times. Pogi was arrested after his wallet and bloody handprints were found at the crime scene. During police questioning, Pogi initially denied any involvement but later admitted to killing Qualls, stating he acted in self-defense after being held captive. Pogi’s appeal raised several arguments. He claimed that there was not enough evidence to support his conviction and that the trial court made mistakes. He argued that the jury should have been given instructions on a lesser charge of manslaughter, that his statements to police were made under duress, and that evidence of the victim's past conduct was improperly excluded. Pogi also challenged the use of a graphic photograph of the victim and claimed that the cumulative impact of all errors warranted a new trial. The court rejected Pogi's claims. They found that the jury had enough evidence to conclude that Pogi intentionally killed Qualls and that his self-defense claim wasn’t justified. They ruled that the trial court made appropriate decisions about jury instructions and evidence. The court noted that even if there were errors, they were harmless and did not affect the outcome of the trial. Ultimately, the court upheld Pogi's conviction for First Degree Murder and confirmed the life sentence imposed by the trial judge.

C-2018-489

Post author:Staff
Post published:April 4, 2019
Post category:C

**SUMMARY OPINION DENYING CERTIORARI** **LUMPKIN, JUDGE:** Petitioner Mario Donsheau Cherry entered blind pleas of guilty to multiple charges including First Degree Manslaughter, Causing an Accident Resulting in Great Bodily Injury, and Leaving the Scene of an Accident, among others, in the District Court of Oklahoma County. His pleas were accepted by the Honorable Bill Graves on February 23, 2018. After a sentencing hearing on April 5, 2018, Cherry was sentenced to life in prison on some counts, with additional sentences for other counts that ran concurrently. On April 12, 2018, he filed an application to withdraw his plea, which was denied on May 4, 2018. Cherry appeals this denial, raising the following issues: 1. **Denial of Withdrawal of Plea:** Cherry argues he should have been allowed to withdraw his guilty plea, claiming it was not entered knowingly and voluntarily partly because he was not adequately informed about waiving his right to appeal. 2. **Ineffective Assistance of Counsel:** He claims his counsel did not sufficiently inform him about the consequences of waiving his appeal rights through his plea. 3. **Excessive Sentence:** Cherry contends that the imposed sentences are excessive and shock the conscience. After reviewing the case, including the original record and briefs, the court concluded that the trial court did not abuse its discretion in denying Cherry's motion to withdraw his plea. The court cited that the plea was determined to be knowing and voluntary as Cherry acknowledged understanding of the consequences including the nature and severity of the charges and the rights he was waiving. Regarding ineffective assistance, the court noted that this claim was not raised in the initial application to withdraw the plea or in the petition for certiorari, resulting in a waiver for appellate review. On the issue of sentencing, the court confirmed that the sentences were within statutory guidelines and that running some counts consecutively was within the trial court’s discretion. The court found no excessive or shocking elements in the imposed sentence in light of Cherry's guilty admissions and prior felony history. **DECISION** The Petition for a Writ of Certiorari is DENIED. The Judgment and Sentence of the District Court is AFFIRMED. The MANDATE is ORDERED issued upon the delivery and filing of this decision.

RE-2017-484

Post author:Staff
Post published:April 4, 2019
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **JERMAINE THRASH,** Appellant, **VS** **THE STATE OF OKLAHOMA,** Appellee. **No. RE-2017-484** **Filed April 4, 2019** **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant, Jermaine Thrash, appeals from the revocation of his ten-year suspended sentence in Case No. CF-2005-4341 in the District Court of Oklahoma County, by the Honorable Michelle D. McElwee, District Judge. On October 11, 2005, Appellant entered a plea of guilty to Count 1 - Rape in the First Degree; and Count 2 - Forcible Oral Sodomy. He was sentenced to fifteen years for each count with the first five years to be served and the remaining ten years suspended, with the sentences running concurrently. On September 29, 2015, the State filed an application to revoke Appellant's suspended sentence, alleging multiple violations of probation: testing positive for illegal drugs, failure to pay supervision fees, failure to participate in a sex offender treatment program, and possession of pornographic material. Appellant waived the twenty-day hearing requirement, and the hearings were subsequently continued several times to allow him to comply with probation requirements. The revocation hearing took place on May 1, 2017, before Judge McElwee. The State's witness, Megan Hicks, Appellant's probation officer, testified about Appellant's consistent failures to complete his probation requirements. She noted his non-participation in court-ordered sex offender treatment and multiple positive drug tests, including methamphetamines and cocaine, spanning over several months between 2015 and 2017. Notably, Appellant admitted to using drugs even shortly before the hearing. Appellant offered mitigation, arguing that he used drugs to cope with his circumstances as a convicted felon and sex offender. However, the court found that his continued drug use and failure to adhere to his probation terms constituted substantial violations. On appeal, Appellant asserts that his violations were merely technical and therefore do not justify the full revocation of his sentence. However, the ruling emphasizes that continued drug use while on probation is not merely a technical violation. The court noted that Appellant had numerous opportunities to comply with the probation requirements, and the trial judge's discretion in revoking the suspended sentence was upheld. **DECISION:** The order of the District Court of Oklahoma County revoking Appellant's ten-year suspended sentence in Case No. CF-2005-4341 is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. **APPEARANCES:** **FOR APPELLANT:** Kenda H. McIntosh Andrea Digilio Miller Oklahoma County Public Defender **FOR THE STATE:** Merydith Easter Mike Hunter Oklahoma County District Attorney Jennifer Miller Assistant Attorney General **OPINION BY:** KUEHN, V.P.J. **CONCUR:** LEWIS, P.J., LUMPKIN, J., HUDSON, J., ROWLAND, J. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2017-484_1734711166.pdf)

F-2018-145

Post author:Staff
Post published:April 4, 2019
Post category:F

In OCCA case No. F-2018-145, Davis appealed his conviction for possession of a controlled dangerous substance (cocaine). In an unpublished decision, the court decided to affirm his termination from the Drug Court program. One judge dissented. On June 23, 2015, Davis pleaded guilty to possessing cocaine. He was given a chance to avoid prison by being put on probation for five years. However, in December 2016, the state said Davis was not following the rules of his probation, leading to his case being taken to Drug Court in March 2017. Drug Court was meant to help him, but it also had strict rules he had to follow. If he completed the program successfully, he could avoid serious penalties. In January 2018, the state said Davis had broken the rules of the Drug Court and asked to have him removed from the program. After a hearing, the judge agreed, and Davis was taken out of Drug Court. Davis appealed this decision, saying the state did not prove he should be terminated and that his mental health issues were not considered. However, the court found no evidence that further sanctions would have helped him follow the rules. Throughout his time in Drug Court, he repeatedly missed appointments and failed to participate, which meant he was not eligible for further leniency. On the issue of his mental health, Davis did not present any evidence in court to explain how his mental health affected his ability to comply with the Drug Court program. Therefore, the court did not find this argument convincing. Ultimately, the court decided that the judge did not make a mistake in removing Davis from Drug Court, and his appeal was denied.

F-2017-1166

Post author:Staff
Post published:March 14, 2019
Post category:F

In OCCA case No. F-2017-1166, the appellant appealed his conviction for unauthorized use of a vehicle. In an unpublished decision, the court decided to affirm the acceleration of the appellant's deferred sentence. One judge dissented. The appellant, Kenneth Allen Day, was charged with two crimes: unauthorized use of a vehicle and concealing stolen property. He pleaded guilty to the first charge, and the second was dismissed. His sentence was postponed until 2021, with conditions he needed to follow during probation. However, the State later claimed he had not followed these conditions, including not reporting as he was supposed to and being involved in new criminal activity. During a hearing, it was found that he had indeed violated his probation rules. As a result, the court decided to move up the date for his sentencing, leading to a five-year prison term and a fine. The appellant argued that the court had made a mistake in this decision. However, the court found that the trial court acted within its rights and did not abuse its discretion. Thus, they confirmed the earlier decision about the appellant's sentence.

MA-2018-987

Post author:Staff
Post published:November 16, 2018
Post category:MA

In OCCA case No. MA-2018-987, Cox appealed his conviction for a criminal case that led to an accelerated sentence. In a published decision, the court decided that the District Court must prepare the appeal record and transcripts at public expense. The court noted that Cox was deemed indigent for the purpose of having an attorney appointed, but the District Court initially ruled that he had enough assets to pay for his transcripts. This created a problem because it delayed his appeal process. The court ultimately granted Cox's request for a writ of mandamus, which allowed him to move forward with his appeal without having to pay upfront for the transcripts. The decision was not unanimous, with some judges disagreeing.

F-2017-724

Post author:Staff
Post published:July 26, 2018
Post category:F

In OCCA case No. F-2017-724, the appellant appealed his conviction for multiple crimes, including assault and battery with a dangerous weapon, burglary, domestic abuse, and violation of a protective order. In a published decision, the court decided to affirm the convictions for most counts but dismissed one count due to double punishment concerns. One judge dissented.

MA 2018-0296

Post author:Staff
Post published:April 5, 2018
Post category:MA

In OCCA case No. MA 2018-0296, J.M.F. appealed his conviction for Lewd Acts with a Child. In a published decision, the court decided to grant his application for a writ of mandamus and remand the matter to the District Court. The court found that J.M.F. was personally indigent and entitled to receive transcripts at public expense for his appeal, despite the trial court's earlier ruling about his parents' ability to pay. One judge dissented.

RE-2018-357

Post author:Staff
Post published:April 2, 2018
Post category:RE

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **CASE NO. RE-2018-357** **JAMES MONROE JONES, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **LUMPKIN, JUDGE:** James Monroe Jones (Appellant) appeals from the revocation of his suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519, adjudicated by the Honorable Timothy R. Henderson, District Judge, in the District Court of Oklahoma County. On June 16, 2010, Appellant pled guilty in Cases CF-2008-7440, CF-2010-130, and CF-2010-290, receiving concurrent sentences with significant portions suspended. Specifically, in CF-2008-7440, he was convicted of two counts of Concealing Stolen Property and sentenced to fifteen years on each count, with the first five years served. Similar sentences were imposed for offenses stemming from the other cases. On May 1, 2015, Appellant entered a negotiated nolo contendere plea in CF-2013-6519 for an amended count of Concealing Stolen Property, resulting in a ten-year sentence with the first year served. On August 26, 2016, the State filed applications to revoke Appellant's suspended sentences due to reported violations, including failure to report, change of address, and new criminal activity related to Domestic Assault and Battery. Enhanced allegations were added on March 7, 2018, encompassing additional crimes attributed to Appellant. A hearing was conducted on April 2, 2018. Appellant's counsel objected to the State's evidence, citing inadequate discovery. The trial court, however, noted Appellant had received relevant documents previously, and dismissed the objections after reviewing the evidence. Judge Henderson ultimately found Appellant had violated his probation through specific new criminal conduct and revoked his suspended sentences in full. Appellant presents two propositions of error on appeal: **PROPOSITION I:** The trial court violated Jones's right to due process and a fair trial under the Fourteenth Amendment and Article II § 7 of the Oklahoma State Constitution. **PROPOSITION II:** Defense counsel failed to prepare adequately for trial, resulting in ineffective assistance of counsel. **ANALYSIS** In addressing Proposition I, Appellant contends that the overruling of his objections regarding discovery violations deprived him of due process. It is established that defendants have minimal due process rights in revocation hearings, including evidence disclosure. However, since Appellant’s counsel did not request discovery prior to the hearing, the burden falls on them for preparation. The trial court did not deny Appellant the opportunity to defend—therefore, Proposition I is denied. Regarding Proposition II, Appellant asserts his counsel's ineffectiveness based on a lack of preparedness stemming from unrequested discovery. The Strickland standard evaluates ineffective assistance claims through performance deficiency and resultant prejudice. Appellant has not substantiated claims that better-prepared counsel would have altered the outcome, as evidence showed several violations were confirmed. Thus, Proposition II is also denied. **DECISION** The order from the District Court of Oklahoma County revoking Appellant's suspended sentences in Case Nos. CF-2008-7440, CF-2010-130, CF-2010-290, and CF-2013-6519 is **AFFIRMED**. --- **APPEARANCES:** **AT TRIAL** Katie Samples, Assistant Public Defender Marva A. Banks, Assistant Public Defender **ON APPEAL** David Nichols, Assistant District Attorney Mike Hunter, Attorney General Keeley L. Miller, Assistant Attorney General **OPINION BY:** LUMPKIN, J. **CONCUR:** LEWIS, P.J.; KUEHN, V.P.J.; HUDSON, J.; ROWLAND, J. **[Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-357_1734695459.pdf)**

F-2017-241

Post author:Staff
Post published:February 15, 2018
Post category:F

In OCCA case No. F-2017-241, Joseph Tunley, Jr. appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and send the case back for a new trial. The court found that Tunley's original waiver of his right to a jury trial was not shown to be knowing, intelligent, or competent, which is required by law. The dissenting opinion was not specified, but it indicates that there may have been differing views on the matter.

RE-2015-104

Post author:Staff
Post published:March 17, 2016
Post category:RE

In OCCA case No. RE-2015-104, Eric Lamont Muhammad appealed his conviction for revocation of his suspended sentence. In an unpublished decision, the court decided to reverse the District Court's order to revoke his sentence and send the case back for further proceedings. One judge dissented, arguing that the hearing was held in a timely manner.

RE-2014-575

Post author:Staff
Post published:July 21, 2015
Post category:RE

In OCCA case No. RE-2014-575, Jason Duane Barnes appealed his conviction for violating his probation. In an unpublished decision, the court decided to reverse the decision to revoke his suspended sentences. The judges noted that the evidence was not enough to support the revocation because the prosecution failed to show that the judgment related to his new crime was final. One judge dissented.

F-2014-279

Post author:Staff
Post published:May 19, 2015
Post category:F

In OCCA case No. F-2014-279, Cruz-Brizuela appealed his conviction for Aggravated Trafficking in Illegal Drugs (Cocaine). In an unpublished decision, the court decided to reverse the convictions and remand for new trials with conflict-free counsel. Guevara also appealed his conviction for the same charge, and the court made a similar decision for him. A dissenting opinion was filed. Cruz-Brizuela and Guevara were both found guilty by a jury in Oklahoma County for having a large amount of cocaine hidden in a truck they were driving. The police had stopped them for a minor traffic issue and, upon inspection, discovered the cocaine in a secret compartment. During the trial, both men claimed they did not know about the drugs, but because they shared the same lawyer, there were concerns about an actual conflict of interest that seemed to affect their defense. The case stemmed from an incident on April 25, 2012, when an officer pulled their truck over. The officer had suspicions about the trip based on the men's log books and their explanations about stops they made along the way. The prosecutor argued that it was more likely that either Cruz-Brizuela or Guevara had placed the cocaine in the trailer during a long stop during their journey. Both men argued that their lawyer’s conflict made it impossible for him to defend them properly, as he could not use certain evidence to benefit one without hurting the other. Because their defense relied on the idea that neither of them knew about the drugs, the conflict prevented their lawyer from arguing effectively. The court found that the actual conflict had indeed affected the counsel's performance and, thus, both convictions were reversed. The judges agreed that it was important for defendants to have lawyers without conflicting interests to ensure a fair trial. The case was remanded for new trials where both Cruz-Brizuela and Guevara could have separate attorneys who could focus on their individual defenses. So, the outcome was that Cruz-Brizuela and Guevara were given another chance to defend themselves against the charges, this time with legal representation that wasn’t hindered by conflicts of interest.

F-2013-788

Post author:Staff
Post published:December 18, 2014
Post category:F

In OCCA case No. F-2013-788, Travis Lenard Mikado appealed his conviction for Attempting to Elude a Police Officer and Possession of a Controlled Dangerous Substance for both Marijuana and Methamphetamine. In a published decision, the court decided to reverse the conviction for the misdemeanor Possession of Controlled Dangerous Substance while affirming the convictions for Attempting to Elude a Police Officer and the felony possession of Methamphetamine. One judge dissented. The case began when two police officers saw Mikado driving erratically, crossing the centerline. They activated their lights and followed him into a parking lot. Instead of stopping, Mikado accelerated, jumped the curb, and took off down the street, leading the officers on a high-speed chase. The pursuit ended when Mikado lost control of his car, which flipped multiple times. He was thrown from the vehicle but was conscious when officers reached him. A search revealed he had Methamphetamine and Marijuana in his pockets. Mikado challenged his convictions for Possession of a Controlled Dangerous Substance, claiming they violated laws against multiple punishments. However, he hadn’t raised this challenge before the trial, so the court evaluated it for plain error, which occurs when there is an obvious mistake that impacts the fairness of the trial. The court found that Mikado's two drug possessions were part of a single act since both drugs were found in one location. The ruling referenced past decisions where individuals could not be punished more than once for the same offense if it was part of one action, as in Mikado’s case. The court decided that since the Methamphetamine and Marijuana were both in the same pocket, it counted as one act of possession. Therefore, the conviction for one of the drugs was reversed. In summary, the court affirmed most of Mikado’s convictions but recognized that he should not have been punished for both drugs separately, leading to a significant change in his sentencing.

S-2013-718

Post author:Staff
Post published:May 22, 2014
Post category:S

In OCCA case No. S-2013-718, Tutson and Heartfield appealed their conviction for Possession of a Controlled Dangerous Substance (Marijuana) With the Intent to Distribute and other related charges. In a published decision, the court decided to affirm the trial court's ruling to suppress evidence, which means they agreed that the evidence should not be used against Tutson and Heartfield because the consent to search was not clearly given. One judge dissented.