Oklahoma County

F 2001-668

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In OCCA case No. FT 2001-668, Richard James Cordon appealed his conviction for Second Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Richard Cordon was found guilty of Second Degree Murder after a trial. He was sentenced to fifteen years in prison. Cordon believed he did not get a fair trial because the court refused to give certain jury instructions. These instructions were about statements he made that could show he was innocent, as well as instructions on different types of manslaughter, voluntary intoxication, and self-defense using non-deadly force. After looking carefully at all the evidence and arguments, the court agreed that Cordon’s conviction should be reversed. They felt the trial court made a mistake by not allowing the jury to consider his exculpatory statement, which means a statement that could help prove he was not guilty. The court believed that if the jury had heard this statement, they might have decided Cordon was innocent. The court did not agree with all of Cordon's claims, particularly those about the other types of defenses and instructions he wanted, but they found that the lack of an instruction on his exculpatory statement influenced the trial's fairness. Therefore, the case was sent back for a new trial.

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RE-2001-749

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In OCCA case No. RE-2001-749, Lloyd Samuel Heath, Jr. appealed his conviction for the revocation of suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. Lloyd Samuel Heath, Jr. had originally entered a guilty plea for Second Degree Burglary and Concealing Stolen Property in 1993. He was given three years of imprisonment on both charges, but these sentences were suspended, meaning he wouldn’t go to jail if he followed certain rules. However, he committed another crime in 1993, which violated the terms of his suspended sentences. In 1994, the State applied to revoke his suspended sentences because of this new crime. There was a significant delay before the hearing actually took place. Heath was not given a hearing until 2000, which was almost six years after the application to revoke was filed. He argued that the State did not act quickly enough and that this delay meant the revocation should not happen. The State admitted that they had made a mistake and agreed with Heath’s concerns about the delay. The court agreed with Heath’s argument and decided to reverse the order that revoked his suspended sentence. They also instructed the lower court to dismiss the case. The decision meant that Heath’s original sentences were not enforced, and he would not have to serve them because the State did not handle the process in a timely manner.

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RE 2001-0540

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In OCCA case No. RE 2001-0540, Eddie Craig Monarch appealed his conviction for a suspended sentence violation. In a published decision, the court decided to affirm the revocation of his suspended sentence but vacated the additional imposition of community service. One judge dissented. In this case, Monarch had initially pled guilty to Driving While Under the Influence and Driving Under Suspension. He received a five-year suspended sentence for the first charge and a short jail time for the second, along with some fines and requirements like community service and using an interlock device on his vehicle. Later, Monarch did not meet the conditions he agreed to, such as paying probation fees and using the interlock device, which led the State to ask for a revocation of his suspended sentence. After a hearing, the judge found that he had indeed violated these terms and revoked two years of his suspended sentence. Monarch appealed this decision, stating that the evidence against him wasn't strong enough and that he didn't have the means to pay the fees or participate in the programs. The court noted that only a preponderance of evidence was needed to prove a violation and found that there was enough evidence to support the judge's decision to revoke his sentence. However, the court agreed with Monarch that the judge did not have the authority to impose extra community service hours since it was not part of the original punishment. So, they confirmed the revocation of his suspended sentence but removed the extra community service requirement.

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RE 2001-0383

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In OCCA case No. RE 2001-0383, Benton appealed his conviction for indecent or lewd acts with a child under 16. In an unpublished decision, the court decided to reverse the revocation of his suspended sentence. One judge dissented. The case began when Benton pleaded guilty to three counts of indecent or lewd acts with a child in 1996. He was sentenced to seventeen years for each count, but the last ten years of his sentences were suspended, meaning he wouldn't have to serve that time in prison if he followed certain rules and conditions, like going to counseling and keeping the court informed of his address. In February 2000, the state filed a request to take back his suspended sentence because they claimed Benton violated his probation. They said he didn’t report his change of address to the authorities, didn’t check in regularly, and didn’t attend counseling. However, the hearing regarding his probation violation was postponed until March 2001, almost two years after the request was made. During the hearing, the judge found that Benton had indeed failed to report, change his address, and attend the required counseling. As a result, the judge decided to revoke his suspended sentences, which meant Benton would have to serve ten years for each count in prison. Benton appealed this decision, arguing that the evidence against him was not strong enough to prove that he had violated the terms of his probation. The court acknowledged that the state's witness did not have sufficient information about Benton’s case since she had just started working on it and had never met him. The probation officer who had worked with Benton was no longer at the office and did not testify. Additionally, it was mentioned that Benton might not have reported or informed the authorities of his new address because he was mentally incompetent and was in a hospital at the time. It seemed he could not attend counseling sessions because he was referred to other types of treatment. The court found that there was not enough evidence to show that Benton willingly broke the probation rules. They decided to reverse the order revoking his sentences and instructed the lower court to dismiss the case. Overall, the court said that the evidence did not prove beyond a reasonable doubt that Benton violated his probation, leading to the reversal of his sentence.

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RE 2001-0663

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In OCCA case No. RE 2001-0663, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the Appellant had previously pled guilty to unauthorized use of a motor vehicle, possession of cocaine, and possession of drug paraphernalia. As a result, the Appellant was given a suspended sentence of five years for the first two counts and a one-year suspended sentence for the third count. A suspended sentence means that the person does not have to serve time in jail unless they break the rules. Later, the State wanted to take back the suspended sentences because they believed the Appellant broke the rules. They filed an application for revocation, and a hearing was held. The judge decided to revoke the five-year suspended sentences for the first two counts but found that the one-year sentence for the third count had already expired. The judge also ordered that the new sentences would run consecutively with any new cases the Appellant might have. This means that the Appellant would serve time for the revocation and also for any new offenses afterward without merging those sentences. However, the Appellant appealed this decision, arguing that the judge did not have the authority to order the five-year sentences to run consecutively with new cases. The higher court agreed with the Appellant's argument and said the judge made a mistake in this part of the decision. The court affirmed the revocation of the Appellant's suspended sentences but modified the sentence to remove the part about running consecutively. This means the Appellant would still be punished for breaking the rules, but they wouldn't have to serve their new sentences one after the other in this case. The court instructed the lower court to update the judgment to reflect this change. In summary, while the Appellant's suspended sentences were revoked, the way the new sentences were to be served was changed. The final decision supported the revocation, but clarified the terms of the punishment.

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F-2000-1262

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In OCCA case No. F-2000-1262, Robert Anthony Lamar appealed his conviction for Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. Robert Anthony Lamar was found guilty by a jury of taking a U-Haul truck without permission. He claimed he only wanted to drive the truck to see what it felt like and intended to return it right after. The jury believed that he did not intend to keep the truck permanently, but the trial court did not let the jury consider a possible lesser charge of joyriding. Lamar raised several points in his appeal. He argued that it was unfair for the court to give the instructions it did without his request and that there wasn’t enough proof to show he meant to keep the truck. But the main issue was that he should have been able to have a chance to be judged on the lesser offense of joyriding, since his actions matched that claim too. The court found that joyriding was indeed a valid option for the jury to consider, and since the jury’s decision did not support the idea of him wanting to permanently take the truck, he deserved a fair chance to contest the lesser charge. Because of this, the court ruled that the prior judgment was reversed, and a new trial was ordered.

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F-2000-939

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In OCCA case No. F-2000-939, Tony Guinn appealed his conviction for Workers' Compensation Fraud. In a published decision, the court decided to affirm the conviction but modified the sentences to run concurrently instead of consecutively. One judge dissented, arguing that one of the counts should be reversed due to a violation of double jeopardy, stating that there was only one claim for benefits which led to two misrepresentations.

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F 2000-0310

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In OCCA case No. F 2000-0310, Buckley appealed his conviction for Burglary Second Degree. In a published decision, the court decided to affirm the acceleration of his deferred sentence but modified it to run concurrently with another sentence. None dissented.

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C-2000-750

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In OCCA case No. C-2000-750, Nikisha Lynn Farris appealed her conviction for robbery in the first degree and concealing stolen property. In a published decision, the court decided to modify her sentence. One judge dissented. Farris pleaded guilty to robbery and concealing stolen property. She did not have a deal with the District Attorney about her sentence. The judge sentenced her to 100 years for robbery and 5 years for concealing stolen property, and both sentences would be served at the same time. After her sentence, Farris wanted to take back her guilty plea. However, the trial court said no when she asked to withdraw her plea. Farris then appealed the trial court's decision, and the court looked at everything in the case including records and Farris's arguments. The court found that Farris's plea was knowing and voluntary, meaning she understood what she was doing when she pleaded guilty. The court also determined that her lawyer did not make mistakes that harmed her case. However, the court thought the 100-year sentence for robbery was too harsh. They decided to change her sentence to 30 years instead. So while Farris would still have to spend time in prison, it would be less time than what she was originally given. The court agreed to modify the sentence while keeping the other parts of the original decision.

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M-1999-569

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In OCCA case No. M 99-0569, the Appellant appealed his conviction for possession of drug paraphernalia. In a published decision, the court decided that there was insufficient evidence to support the conviction. Two judges dissented.

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