Physical Force

In OCCA case No. F-2021-512, Trevor Leif Toppah appealed his conviction for Burglary in the Second Degree and Obstructing an Officer. In an unpublished decision, the court decided to affirm his judgment and sentence, except for modifying the fee assessed for his indigent defense. One judge dissented. Toppah was found guilty of second degree burglary and obstructing an officer by a district court. The burglary charge was based on the fact that he broke into a parked automobile with the intent to commit theft. During his trial, the judge considered if there was enough evidence to support the burglary conviction, focusing on whether Toppah used force to enter the vehicle and if he had the intention of stealing anything. The court reviewed the evidence and determined that it was enough for a reasonable person to believe Toppah was guilty of burglary. They noted that breaking into a car, even by just opening the door, is considered a form of breaking necessary for a burglary charge. The court also mentioned that proving intent could be done through either direct or indirect evidence, which they found sufficient in Toppah's case. Toppah raised some issues regarding money charged for his defense costs. He argued that the court charged him too much and that it should be less, as stated in the law. Although his lawyer didn’t object to this during the trial, the court noticed that they had made a mistake. They admitted that the fee should have been $250 instead of the $500 that was charged. Lastly, Toppah argued that a series of errors during his trial caused him not to receive a fair trial. However, the court found that the only error that needed correcting was the higher fee, and that this error did not affect the overall fairness of his trial. In summary, the court upheld Toppah's conviction for burglary but corrected the amount he had to pay for the public defense.