Opportunity

F-2018-1082

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**Court of Criminal Appeals of Oklahoma** **Antonio Deondre Smith, Appellant, v. The State of Oklahoma, Appellee.** **Case No. F-2018-1082** **Summary Opinion** **Judges:** Kuehn, Vice Presiding Judge; Lewis, P.J.; Lumpkin, J.; Hudson, J.; Rowland, J. **Date Filed:** January 16, 2020 **Opinion Information:** - Appellant was convicted of Accessory to Murder, After Conviction of Two or More Felonies, related to the killing of his former step-father. - Sentenced to life imprisonment by Judge Kelly Greenough. **Propositions of Error:** 1. The trial court erred in admitting evidence of assault rifles and ammunition, impacting Appellant's right to a fair trial. 2. The sentence of life for Accessory to Murder is excessive. **Decision:** - The Court affirms the District Court’s judgment and sentence. **Details:** - Appellant was charged with First Degree Murder but was convicted of Accessory to Murder. - Evidence indicated that he was present at the murder and helped dispose of the weapon. He testified that another person was the actual killer. - The Court reviewed the admission of firearms evidence for abuse of discretion and found the introduction of the assault rifles irrelevant. - While acknowledged as an abuse, it was deemed harmless error given the trial court's jury instructions and Appellant's admissions during testimony. **On Sentencing:** - The circumstantial evidence and Appellant's criminal history made the life sentence appropriate, and it was not considered shocking. **Final Judgment:** - The District Court’s decision is upheld. - The mandate is to be issued upon filing this decision. **Dissenting Opinion:** - Judge Hudson concurs with the results but disagrees with the major opinion regarding the admissibility of firearms evidence, asserting it was relevant and that the trial court did not abuse its discretion. **Download PDF:** [Click Here To Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-1082_1734857545.pdf)

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F-2018-563

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **OCT 17 2019** **JOHN D. HADDEN** **CLERK** --- **BOBBY DALE STOCKTON,** **Appellant,** **V.** **THE STATE OF OKLAHOMA,** **Appellee.** **Case No. F-2018-563** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Bobby Dale Stockton appeals from the District Court of LeFlore County's order terminating him from Drug Court and sentencing him to seven years in prison, as per the Drug Court contract in Case No. CF-2016-380. On February 14, 2017, Appellant pled guilty to Count 1: Unlawful Possession of CDS - Methamphetamine after a former felony conviction, and Count 3: Resisting an Officer. He agreed to enter Drug Court with a conviction and sentencing of seven years on Count 1 and one year on Count 3, both running concurrently. Successful completion of Drug Court would lead to suspended sentences; failure would result in imprisonment. The State filed an application for termination on June 26, 2017, alleging Appellant's non-compliance—failing to report for intake, missing a urinalysis, and being absent without leave. During a hearing on September 26, 2017, evidence showed Appellant had not participated in the program. He explained his absence was due to caring for his ill mother. Although acknowledging he had not complied, he expressed a willingness to accept a strict ninety-day monitoring. However, Judge Fry found a violation of the Drug Court contract for non-appearance and initiated a no tolerance policy. Subsequently, on September 29, 2017, Appellant failed to attend Drug Court, resulting in an arrest warrant and bail revocation. The State filed a second termination application on April 30, 2018, citing similar violations. At the hearing on May 22, 2018, Appellant admitted to a third heart attack and acknowledged non-compliance without providing documentation on medical issues. Judge Fry noted past assurances of compliance had not been honored and ultimately terminated Appellant from the program, imposing the seven-year prison sentence. **PROPOSITION OF ERROR:** I. The trial court abused its discretion in terminating Mr. Stockton from Drug Court before he had the opportunity to work the program. **ANALYSIS:** Appellant contends hospitalization justified his failures to report. He further claims that, if drug issues were believed to have driven his failures, proper disciplinary measures should have been applied. The discretion to revoke or terminate participation in Drug Court rests with the trial court, and its decision will only be reversed upon a showing of abuse. Under Oklahoma law, judges may impose progressively increasing sanctions for relapses but can revoke participation if necessary. Appellant was given two opportunities to comply with the Program's requirements, both of which he failed. His second failure followed a promise to comply, and although medical conditions were noted, no evidence was presented to substantiate his claims. Therefore, termination was not an abuse of discretion. **DECISION:** The order of the District Court of LeFlore County, terminating Appellant from Drug Court and imposing a seven-year prison sentence, is AFFIRMED. **MANDATE:** Issued forthwith. --- **APPEARANCES:** **Matthew H. McBee** Counsel for Appellant P.O. Box 1303 Poteau, OK 74953 **Joe Watkins & Keeley L. Miller** Counsel for State Assistant District Attorney 100 S. Broadway St., Room 300 Poteau, OK 74953 Assistant Attorney General 313 N.E. 21st Street Oklahoma City, OK 73105 **OPINION BY:** ROWLAND, J. LEWIS, P.J.: Concur KUEHN, V.P.J.: Concur LUMPKIN, J.: Concur HUDSON, J.: Concur

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RE-2018-604

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **LEROY ALEXANDER, JR.,** **Appellant,** **-VS-** **THE STATE OF OKLAHOMA,** **Appellee.** **No. RE-2018-604** **FILED** **IN COURT OF CRIMINAL APPEALS** **STATE OF OKLAHOMA** **OCT 10 2019** **JOHN D. HADDEN, CLERK** --- **SUMMARY OPINION** **KUEHN, VICE PRESIDING JUDGE:** Appellant Leroy Alexander, Jr., was sentenced to a total of fifteen years for the crime of Rape in the Second Degree, with all but the first year suspended. This appeal arises from the revocation of the remainder of his suspended sentence by the Honorable George W. Butner, District Judge of Seminole County. **Facts:** On April 5, 2018, the State of Oklahoma filed a motion to revoke Appellant's suspended sentence, alleging violations related to failure to attend sex offender treatment and failure to submit to required polygraph examinations. An amended motion on June 1, 2018, added allegations of inappropriate employment at a children's carnival ride during a festival. During the revocation hearing, the State's probation officer testified that Appellant had initially attended treatment sessions but was terminated for non-attendance. Appellant claimed his violations stemmed from financial hardship and lack of transportation. The Court ultimately found that Appellant had not made genuine efforts to comply with the terms of his probation. **Points of Error:** 1. **Proposition I:** Appellant argues that the trial court lacked authority to revoke more than the actual suspended portion of his sentence. He claims the written order incorrectly states that all of the fifteen years was revoked. However, the oral pronouncement during the hearing indicated the revocation was for the remainder of the suspended sentence. The court later issued an amendment to clarify the written judgment, aligning it with the oral ruling. 2. **Proposition II:** Appellant contends the full revocation of his suspended sentence was excessive, arguing that his violations were a result of indigence and lack of resources. The court's discretion in revoking a suspended sentence is established unless there is an abuse of discretion. Judge Butner found the violations were due to Appellant's lack of effort rather than financial difficulties, which was supported by evidence in the record. **Decision:** The order of the District Court of Seminole County revoking the remainder of Appellant's fifteen-year suspended sentence is AFFIRMED. The Mandate is ordered issued upon the filing of this decision. --- **ATTORNEYS:** - **ZACHARY L. PYRON** - **CHAD JOHNSON** (Appellate Defense Counsel) - **CHRISTOPHER G. ANDERSON** - **MIKE HUNTER** - **THEODORE M. PEEPER** (Assistant District Attorney / Attorney General of Oklahoma) **OPINION BY:** **KUEHN, V.P.J.** **LEWIS, P.J.: CONCUR** **LUMPKIN, J.: CONCUR** **HUDSON, J.: CONCUR** **ROWLAND, J.: CONCUR** --- [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/RE-2018-604_1734429602.pdf)

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F-2014-1100

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In OCCA case No. F-2014-1100, Kenshari Andre Graham appealed his conviction for Second Degree Felony Murder. In an unpublished decision, the court decided to affirm the conviction but remanded the case for resentencing. One judge dissented. Graham was found guilty of murdering Alec McGlory while trying to rob him at gunpoint for illegal drugs. The jury recommended that he serve life in prison, and the trial court agreed with this sentence. During the appeal, Graham argued that the trial court made a mistake by allowing the State to introduce evidence of another crime he committed—a burglary that took place two days after the murder. He believed this should not have been allowed because it did not relate to the murder case. The court reviewed the evidence admitted during the trial to determine if it was appropriate. Normally, evidence of other crimes is not allowed to prove that someone is guilty of the crime they are charged with. However, there are some exceptions to this rule. One exception is if the other crime is closely connected to the crime being charged, which can help to explain it better. In this case, the burglary and the murder were separate events that happened in different places and times. The burglary did not relate to the drug robbery that led to McGlory's murder. The trial court had allowed the burglary evidence in part to show a possible consciousness of guilt, or that Graham was trying to escape the legal consequences of his actions. The court explained that evidence of fleeing can sometimes be used to support the idea that someone is guilty, but they needed to be careful about how it is used. Despite admitting that the trial court made a mistake by allowing the burglary evidence, the court did not believe that this mistake had a significant impact on the jury's decision to convict Graham. The jury also heard strong evidence from two witnesses who testified that Graham confessed to the murder, along with other evidence connecting him to the crime. The judges concluded that the jury likely made their decision based on this solid evidence, and not just the burglary evidence. However, when it came to sentencing, the judges had doubts about whether the court would have given Graham the maximum sentence of life in prison if they hadn’t considered the burglary. Because of this, the court decided to send the case back to the District Court to determine a proper sentence without considering the improperly admitted evidence. Overall, while Graham's conviction remained in place, the judges recognized the need to reevaluate his sentence without the influence of the wrongful entry of evidence from the burglary case.

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F-2006-1015

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In OCCA case No. F-2006-1015, Earnest Ray Kingery, Jr. appealed his conviction for rape in the first degree. In an unpublished decision, the court decided to modify Kingery's sentence from seventy years to twenty-five years imprisonment. One judge dissented. Earnest Ray Kingery, Jr. was found guilty of raping a child and was sentenced to a long prison term. He appealed, arguing that several things went wrong during his trial. He said that a witness should not have been allowed to talk about other crimes he allegedly committed, which could have confused the jury. He also claimed the judge pressured the jury into making a decision and that the prosecutor hinted he was guilty for not speaking to the police after a search warrant was served at his home. The court looked closely at Kingery's claims. They agreed that the evidence about the witness's testimony was not appropriate for the jury to hear, as it led to confusion about the other child that was involved in the case. The skills of the forensic interviewer were challenged because it seemed that testimony might have suggested the children were telling the truth without any evidence. Even if the trial court gave special instructions to limit how the jury should view this evidence, it still influenced their decision. However, the court found that the victim's own testimony was strong enough to prove Kingery's guilt. They acknowledged that while the testimonies of the other child were not correctly handled in terms of evidence, the main evidence from the victim was enough for a guilty verdict. In the end, the court decided to modify Kingery’s long sentence to a lesser one. They believed his punishment should still be serious but recognized that the jury might have been adversely influenced by some of the testimony they heard about other crimes. Thus, Kingery's prison time was reduced to twenty-five years. The court affirmed the conviction but made this change to the punishment. One of the judges disagreed with reducing the sentence, insisting that all of the evidence presented was appropriate, and so the original long sentence should have stood. Another judge agreed on the conviction but also dissented regarding the sentence being modified.

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