F-2007-543
In OCCA case No. F-2007-543, Sean Ray Smith appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to modify his sentence from 100 years to 45 years imprisonment. One judge dissented, opposing the modification and suggesting the case should be sent back for resentencing with proper jury instructions. Sean Ray Smith was found guilty of a serious crime after a jury trial. The jury's verdict led to a very long sentence of 100 years. Smith said there were three mistakes made during the trial. These mistakes included the judge and prosecutor calling the victim a victim, which he argued took away his rights, incorrect information given to the jury about sentencing, and that the 100-year sentence was too harsh. Upon reviewing the case and the evidence presented, the court agreed that one of Smith's claims about the jury instructions was valid. The jury received the wrong instruction regarding how long he would have to serve in prison before being considered for parole. The jurors were confused and asked how many years make up a life sentence, which increased concerns about how they understood the law related to his sentence. The court decided that while there were indeed errors, Smith would not get a new trial. Instead, it reduced his sentence to 45 years, which was deemed more appropriate given the circumstances, including Smith's history and the nature of the crime. The decision made by the court was to uphold the conviction but change the sentence to a lesser punishment. One judge disagreed with this change, believing that the jury should properly decide the length of the sentence without this modification. The strategy suggested by the dissenting judge was to keep the conviction and have the case sent back for proper sentencing instructions.