Operating a Motor Vehicle Archives

M-2002-263

Post author:Staff
Post published:April 9, 2003
Post category:M

In OCCA case No. M-2002-263, #1 appealed his conviction for #2. In a published decision, the court decided #3. #4 dissented. In this case, the appellant, who we will call #1, had several legal issues. He was found guilty of different crimes related to driving, like drinking and driving and having an open container of alcohol in his car. Because of these convictions, he received various punishments, including jail time and fines. #1 claimed that he should not have been punished multiple times for what he did, saying it violated his rights. He also believed that the punishment he received was too harsh and did not follow the law. The court looked at everything and decided that #1's convictions were valid and should stay. However, they also believed that the sentences should be changed. Instead of the original punishments, they modified them to be a total of 60 days, and all fines and costs were put on hold. This was a fair decision considering the circumstances, and it meant that #1 would not have to serve as much time as originally decided. The decision seemed mostly agreed upon by the judges, but one judge thought differently and did not agree with the majority's opinion.

F-2001-785

Post author:Staff
Post published:June 5, 2002
Post category:F

In OCCA case No. F-2001-785, Sammy Dewain Haas appealed his conviction for Operating a Motor Vehicle While Under the Influence of Alcohol and Driving Under Suspension. In a published decision, the court decided to affirm his conviction. One judge dissented. Sammy Dewain Haas faced serious charges for driving while drunk and for driving when his license was suspended. He went to trial in Beckham County, where a jury found him guilty. The punishment was set at ten years in prison and a $10,000 fine for the drunk driving charge, and one year and a $500 fine for the driving under suspension charge. The sentences were to be served at the same time. Haas raised several issues on appeal. First, he pointed out that the prosecutor wrongly argued that the jury should think about what he might do in the future instead of what he did this time. The court did not think this was a serious mistake that required a new trial. Second, he claimed that the jury should have been told about a lesser charge called Driving While Impaired, but the court found that the evidence did not support that. Haas also said the judge should have given instructions about using circumstantial evidence, which is when a conclusion is drawn based on the surrounding facts instead of direct evidence. While the court agreed that the instructions should have been given, they ruled that this mistake didn't affect the overall outcome of the trial. Finally, the court ordered that the official record be changed to correctly state that Haas's sentences were to run together, not one after the other. In the end, the court upheld the trial’s decision, meaning Haas would remain convicted and serve his sentence as planned.