Possession of a Firearm

F-2016-229

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In OCCA case No. F-2016-229, Marcus Stephon Miller appealed his conviction for murder and possession of a firearm. In an unpublished decision, the court decided to affirm his conviction for possession of a firearm but vacated and remanded his convictions for second-degree murder for resentencing. One judge dissented from the decision to remand for resentencing. Miller was charged with two counts of first-degree murder and one count of possession of a firearm while under supervision. A jury convicted him of lesser charges of second-degree murder for the first two counts and of possession of a firearm for the third count. Miller received sentences of 25 years for each murder count and 5 years for the firearm count, with the sentences scheduled to run one after the other. Miller argued that errors were made during his trial. He claimed that the trial court did not follow the right procedures for splitting his trial into stages, which affected his right to a fair trial. He pointed out that the jury was not properly instructed and that misconduct happened from the prosecution's side. He also believed his lawyer did not help him enough during the trial and that the judge wrongly refused to give him credit for time served in jail before sentencing. After looking over the case, the court found that while the trial had some mistakes, they didn’t actually hurt Miller's case enough to impact the verdict for the possession charge. However, they agreed that the trial court made a significant mistake in how it handled sentencing for the murder counts, mainly because it allowed the jury to consider his previous convictions when they should not have. The court decided that the sentencing for the second-degree murders had to be thrown out and that Miller would need to be resentenced, but his conviction for possession would stay. In dissent, one judge noted that the errors made during trial did not affect Miller's rights since he received a relatively lenient sentence given the seriousness of the crimes he was convicted for. The judge believed that the mistakes did not warrant a new sentencing for the murder counts because the nature of the charges and the consequences indicated that the overall outcome would not change. In conclusion, while Miller's appeal was partly successful, with the court affirming his conviction on one count and ordering a new sentencing for the other two, the dissenting opinion felt that the original sentencing should stand.

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F-2016-562

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In OCCA case No. F-2016-562, Kadrian Daniels appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court, except that the fine imposed on the Possession count was vacated. One judge dissented. Daniels was found guilty by a jury and received a thirty-year sentence for the robbery and an additional eight years and a $10,000 fine for the illegal firearm possession. Daniels raised several concerns on appeal. He argued that the trial court made mistakes that affected his right to a fair trial. First, Daniels objected to a question asked by the prosecutor to a detective about the number of robberies that happened in Tulsa during the past year. He felt that this question could alarm the jury. However, the court decided that the question was allowed because it was relevant to the case and didn’t unfairly sway the jury. Next, Daniels claimed that the prosecutor behaved improperly during the closing arguments, which made his trial unfair. Some of the comments made by the prosecutor were challenged, but the court ruled that those comments were acceptable and did not harm the fairness of the trial. Additionally, Daniels complained about the jury being instructed that a $10,000 fine was mandatory if they convicted him of the firearm charge. Since Daniels’ lawyer did not object to this instruction during the trial, the court reviewed this issue only for plain error. The court found that the instruction was incorrect because the law does not require such a fine. This error was significant enough that the court decided to remove the fine. Moreover, Daniels argued that his attorney did not provide effective help during the trial, especially for not calling out the errors made by the prosecution or the judge. The court considered this but concluded that the issues raised by Daniels were not serious enough to have changed the outcome of the trial. The final decision affirmed the conviction but removed the unnecessary fine, ensuring that the legal process remained fair despite the mistakes noted during the trial.

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F-2015-1007

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In OCCA case No. F-2015-1007, Johnny Lee Ingram appealed his conviction for Assault and Battery with a Deadly Weapon. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. The case began when Ingram was tried for two crimes: one for Assault and Battery with a Deadly Weapon and the other for Possession of a Firearm after prior convictions. The jury found him guilty of the first charge and not guilty of the second. He was sentenced to twenty-five years in prison based on the jury's recommendation. Ingram raised several points during his appeal. He claimed that the trial court made mistakes, such as not properly answering the jury's questions about the law, which led to confusion. The court agreed that the trial court's responses to the jury were not clear and this could have impacted the jury's decision. During the jury's deliberation, they asked about the meaning of certain instructions related to the case. The trial judge referred them to another instruction without clearly addressing their concerns. This left the jury confused about what constituted criminal intent and whether Ingram could be guilty based on his presence at the scene but not guilty of the other charge. The court emphasized that when jurors express confusion, it is crucial for judges to clearly resolve that confusion. Since the jury found Ingram guilty despite being confused, and considering that the instructions did not help clarify the legal standards, the appellate court concluded that Ingram was not given a fair trial. Thus, they overturned the conviction and ordered a new trial to ensure that the jury could properly consider the evidence laid out, without the confusion created by the previous instructions.

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F-2015-561

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In OCCA case No. F-2015-561, Walter LaCurtis Jones appealed his conviction for three crimes: Feloniously Pointing a Firearm, Possession of a Firearm After Former Felony Conviction, and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the convictions and sentences for the first two counts but reversed and dismissed the conviction for Assault and Battery with a Dangerous Weapon. One judge dissented. Walter Jones was found guilty after a trial without a jury. He received seven years in prison for each of the first two counts, which would be served at the same time, and one year in county jail for the third count. The judge also ordered that he would have one year of supervision after his prison time. Jones raised several arguments in his appeal. He argued that there was not enough evidence to support his conviction for Assault and Battery with a Dangerous Weapon, claiming he did not use a dangerous weapon and had no intention to hurt anyone. The court agreed with him on this point and reversed that conviction. For the charge of Feloniously Pointing a Firearm, Jones argued that the gun he pointed at someone was not a real firearm because it was missing a part and could not shoot. However, the court found there was enough evidence to support that he pointed a gun designed to shoot, therefore, they upheld that conviction. In the case of Possession of a Firearm After Former Felony Conviction, Jones contended that the gun could not fire, so he should not have been found guilty. The court decided that it was unnecessary for the gun to be able to fire to prove he had possession of it as a felon, thereby upholding this conviction as well. Lastly, Jones claimed he was facing double punishment for the same crime, which the court did not accept because the two charges involved different actions and did not violate any laws regarding double punishment or double jeopardy. Thus, the court confirmed his sentences for the first two counts while reversing the count for Assault and Battery.

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S-2015-568

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In OCCA case No. S-2015-568, the State of Oklahoma appealed the conviction of Christopher Daniel Welch for possession of a firearm after a former felony conviction. In a published decision, the court decided to affirm the lower court's decision to dismiss the case, stating that the evidence did not support the charge. One judge dissented.

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F-2015-374

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In OCCA case No. F-2015-374, Jerrell Otis Thomas appealed his conviction for Shooting with Intent to Kill, Robbery with a Weapon, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the conviction for Shooting with Intent to Kill and Possession of a Firearm, but to reverse the conviction for Robbery with a Weapon with instructions to dismiss. One judge dissented. Jerrell Otis Thomas was found guilty by a jury for three serious crimes. The main issue was whether he was being punished too harshly for his actions. He argued that he should not have been convicted for both Shooting with Intent to Kill and Robbery with a Weapon because they were connected, like two parts of the same event. The court agreed with him on this point and felt that, under the law, he should not be punished twice for what they saw as one act. Thomas also claimed that he did not get a fair trial because the public was kept out of the courtroom while a key witness testified. The court looked into this and decided that the closure was justified due to threats made against the witness, ensuring their safety. He further claimed that his lawyer did not help him enough during the trial. After considering all the facts, the court found that his lawyer did their job okay, and there wasn't enough evidence to show he was harmed by their actions. Finally, the judge determined that the way Thomas's sentences were set to run (one after another) was acceptable, even though they reversed one of his convictions, meaning he would serve less time than originally planned for that charge. Overall, Thomas won on one point regarding his robbery conviction, meaning that part of the punishment was taken away, but his other convictions were upheld. The court’s decisions aimed to ensure no unfair punishment occurred while also maintaining the law's integrity.

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C-2014-584

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In OCCA case No. C-2014-584, Gilbert Paz appealed his conviction for First Degree Felony Murder, Shooting with Intent to Kill, Conspiracy, Attempted Robbery with a Firearm, and Possession of a Firearm After Conviction of a Felony. In an unpublished decision, the court decided to vacate the District Court's denial of Paz's Motion to Withdraw Plea and remanded the case for further proceedings. One member of the court dissented. Gilbert Paz was involved in a serious crime case where he initially pleaded guilty to multiple charges. After some time, he wanted to take back his guilty pleas, claiming that he didn’t fully understand what he was doing when he agreed to the plea deal. He felt confused and believed his lawyer wasn't helping him properly. The case started when a burglary went badly, resulting in one person being killed and another being hurt. After his guilty pleas were accepted in court, Paz tried to withdraw them, but the judge said no. The judge continued to give him time to get a new lawyer but did not allow him to take back his pleas. Paz argued five main points in his appeal. He claimed that the judge helped too much during his plea negotiations, that his guilty plea was not made knowingly or intelligently, that he was denied his right to have a lawyer present during important parts of the trial, and that his lawyer did not provide effective help. He also claimed that all these issues together made it unfair for him. The court reviewed everything and determined that the main issue was that Paz did not receive the help of a lawyer when trying to withdraw his guilty pleas. Both Paz and the State agreed that he should have had a lawyer to assist him in this situation. The court recognized that without proper counsel, Paz's claim that his pleas were not voluntary could not be dismissed as harmless. As a result, the court decided to vacate the previous decision and send the case back to the District Court so they could properly address Paz's request to withdraw his pleas.

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F-2014-310

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In OCCA case No. F-2014-310, Jeffery Alan Patton appealed his conviction for Manufacture of Controlled Dangerous Substance (Methamphetamine) and other related charges. In an unpublished decision, the court decided to affirm the convictions for manufacturing methamphetamine and possession of a firearm during the commission of a felony, but reversed the conviction for possession of a firearm after felony conviction. One judge dissented on the decision regarding the firearm convictions. Appellant Patton was found guilty by a jury of manufacturing methamphetamine and possessing firearms while committing a felony, as well as possessing a firearm after a felony conviction. He was sentenced to life imprisonment for the first charge, and ten years and two years for the other firearm charges, respectively. Patton argued that the evidence against him was not strong enough and that his lawyer did not effectively defend him. The court reviewed his claims that there was not enough proof that he manufactured methamphetamine and did not actually possess the firearms during the crime. However, the court found that there was enough evidence presented at trial, which could lead any reasonable person to believe he was involved in the crime. The first two propositions were denied, meaning they did not agree with Patton on those points. In regards to his claims of ineffective assistance of counsel, the court found that his lawyer's actions during the trial did not fall below the necessary standards of proper legal representation. Therefore, this proposition was also denied. One of Patton's major contentions was about double jeopardy, saying he should not have been convicted for both firearm charges that arose from the same incident. The court agreed, recognizing that both convictions came from the same act, leading them to dismiss the second firearm possession conviction. As for Patton’s claim that his sentences were too harsh, the court concluded they were within legal limits and not excessively severe. They also noted that Patton didn’t ask for his sentences to run at the same time, leading them to decide there was no error in making his sentences consecutive. Patton also argued he should receive credit for time served before his sentencing; however, because he did not bring this up in court earlier, he could not successfully appeal this point. Lastly, he claimed the evidence should have been suppressed since the search was illegal, but the court determined that the deputies had a good reason for their actions due to public safety concerns. In summary, the court upheld most of Patton's convictions and sentences, highlighting the principle that sufficient evidence and procedural rules were followed during his trial, while reversing one conviction related to firearm possession.

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RE 2012-0601

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In OCCA case No. RE 2012-0601, Danyale Lamont McCollough appealed his conviction for the revocation of his suspended sentences. In a published decision, the court decided to reverse the revocation of his suspended sentences and remand for further proceedings. One judge dissented. Danyale McCollough had pleaded guilty to several charges over the years, which included possession of a firearm and robbery with a firearm. He was given suspended sentences, meaning he would not have to serve time in prison right away, but he had to follow certain rules. If he broke these rules, his suspended sentences could be revoked, and he could go to prison. Later, the State, which is the side that brings charges against people, said that McCollough had committed a new crime. This led to a hearing where a judge decided to revoke his suspended sentences. The judge used some evidence from a different trial to decide this, which McCollough argued was not fair. McCollough said it was wrong for the judge to use evidence from another case without proving it was final. The appeals court agreed with him. They said that the judge had made a mistake by not following the correct legal rules and taking evidence from another trial that was not about the same issues directly related to McCollough’s case. Because of this mistake, the court reversed the revocation of McCollough’s sentences and sent the case back for more review and another chance to prove if he had really violated his probation rules.

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F-2012-567

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In OCCA case No. F-2012-567, the appellant appealed his conviction for first-degree murder, shooting with intent to kill, and possession of a firearm after conviction of a felony. In an unpublished decision, the court decided to affirm the conviction but modified the sentence for the first-degree murder charge to life imprisonment with the possibility of parole, and the sentence for the possession of a firearm charge to seven years imprisonment. One judge dissented regarding the sentence modification. Mario Lenard Phenix was found guilty of killing Nicholas Martin and injuring Alex Shaw during a dispute on December 31, 2010. The incident involved Phenix, his former girlfriend, and her friends after a night out at a club. Phenix had been angry after his girlfriend ended their relationship, which led to threatening phone calls and ultimately to the shooting. The trial revealed different accounts of what happened that night. Witnesses said Phenix confronted the men with a gun, fired at them, and later, after a struggle, shot Martin again while inside his car. Phenix claimed he shot in self-defense, saying Martin was armed and aggressive. However, the jury rejected this, finding him guilty of murder and other charges. During the trial, Phenix raised several issues on appeal. He argued that he should have been allowed to present a lesser charge of manslaughter. However, because his self-defense claim would have resulted in an outright acquittal if believed, the court found that the jury's instructions were sufficient. Phenix also claimed that the trial process was unfair because the order of presenting evidence might have influenced the jury's decision on punishment. The court agreed that there was a procedural error but found it did not affect the fairness of the trial or the sentence imposed, except for the first-degree murder, which was modified to allow parole. Other arguments related to the introduction of evidence about Phenix's past violent behavior and comments made by the prosecutor during closing arguments were also addressed. The court found no prejudicial errors in these matters that would have affected the trial's outcome. In summary, the decision affirmed the conviction while modifying certain sentences, indicating that, despite some procedural issues, the overall due process was upheld in the trial.

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F-2011-866

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In OCCA case No. F-2011-866, Emanuel D. Mitchell appealed his conviction for Murder in the First Degree and Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon). In a published decision, the court decided to reverse his convictions and remand the case for a new trial where Mitchell may have the chance to represent himself. One judge dissented. Mitchell was found guilty of serious crimes and was sentenced to life imprisonment for murder and additional years for conspiracy. He felt he was not being properly defended by his attorney and had asked multiple times to have his attorney replaced. Eventually, he requested to represent himself, expressing dissatisfaction with his legal counsel. The court found that Mitchell’s request to represent himself was clear and that he understood the risks of doing so. The court concluded that he had the constitutional right to self-representation, which had been violated when his request was denied. Although the court addressed other issues raised in Mitchell’s appeal, the main reason for the reversal was the denial of his right to represent himself. The dissenting opinion argued that the trial court acted correctly by not allowing Mitchell to self-represent due to his disruptive behavior during the trial process. In summary, the decision allows Mitchell another opportunity to conduct his own defense, considering that he properly requested this right before the trial proceedings were fully underway.

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F-2011-1047

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In OCCA case No. F-2011-1047, Melvin Edward Dan appealed his conviction for robbery with a dangerous weapon, burglary in the first degree, and possession of a firearm after previous juvenile adjudication for a felony. In an unpublished decision, the court decided to affirm the convictions for robbery and burglary, but reverse the conviction for possession of a firearm. One judge dissented.

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F-2010-548

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In OCCA case No. F-2010-548, the appellant appealed his conviction for multiple charges including unlawful possession of a firearm and drugs. In an unpublished decision, the court decided to reverse the conviction and remand for a new trial, finding that the trial court failed to properly inform the appellant about the dangers of representing himself. One judge dissented.

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C-2010-940

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In OCCA case No. C-2010-940, Gregory Davis Wabaunsee appealed his conviction for multiple charges, including two counts of Second Degree Burglary and possession of a firearm during the commission of a felony. In a published decision, the court decided to reverse and dismiss one of the firearm charges due to a double punishment issue, but they upheld the other convictions and sentences. One judge dissented.

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F-2009-335

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In OCCA case No. F-2009-335, Jermaine Darnell Jeffery appealed his conviction for First Degree Felony Murder and other charges. In an unpublished decision, the court decided to reverse the conviction for Shooting With Intent to Kill and affirmed the other convictions. One judge dissented. Jermaine was found guilty of several serious crimes related to a shooting incident. During the trial, the jury decided on punishments for his actions, including life in prison for murder. Jermaine argued that there wasn't enough proof to connect his shooting with the death of the victim and that he was punished unfairly for the same crime more than once, which is known as double jeopardy. He also claimed that his rights were violated when the court allowed evidence about his silence after being arrested and that hearsay statements from other witnesses should not have been allowed. Jermaine felt he did not get a fair trial because the prosecutor talked about things not proven in court and that his punishment was too harsh. Additionally, he argued that his lawyer did not do a good job by not pointing out mistakes during the trial. The court reviewed all the evidence and arguments. They agreed that there was enough proof for the murder charge but recognized a mistake in charging Jermaine with both murder and the shooting he did, leading to the reversal of that specific charge. The court found that some errors did happen, but most were not serious enough to change the outcome of the trial. In the end, they upheld the punishments for the other crimes while agreeing to dismiss the shooting conviction.

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C-2009-617

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In OCCA case No. C-2009-617, Christopher Overby appealed his conviction for Possession of a Firearm While Under Supervision of the Department of Corrections. In a published decision, the court decided to grant his request for a new hearing on his motion to withdraw his plea. One judge dissented. The case started when Overby pleaded guilty to having a firearm while he was supposed to be under supervision. The judge sentenced him to ten years in prison, with some of that time being suspended. After some time, Overby wanted to change his plea, so he filed a motion to withdraw it. He felt that he did not get proper help from his lawyer during this process. The court looked at Overby's case and determined that there was a conflict of interest between him and his lawyer. Because of this conflict, the court found that Overby did not get the effective help he was entitled to, especially when it came to his request to withdraw his plea. This situation meant he deserved a new hearing with a different lawyer who could fully represent his interests without a conflict. In conclusion, the court decided that Overby should have another chance to present his case for changing his plea. Thus, the decision was made to give him a new hearing to ensure that he had the right kind of support during this important process.

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F-2008-1043

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In OCCA case No. F-2008-1043, William D. Hibdon appealed his conviction for endeavoring to manufacture methamphetamine, possession of a firearm after a felony conviction, and possession of drug paraphernalia. In a published decision, the court decided to reverse and remand his convictions. One judge dissented. Hibdon was found guilty by a jury and was sentenced to a total of 31 years in prison. The convictions were based on evidence found after police officers searched his home without a search warrant. The police had gone to Hibdon’s house after receiving a tip that he was making methamphetamine. When they arrived, they smelled ether, a chemical often used in meth production. After arresting Hibdon, one officer entered the house without a warrant and found more evidence. Hibdon argued that this search violated his rights under the Fourth Amendment, which protects people from unreasonable searches and seizures. He filed a motion to suppress the evidence, but this was denied by the trial court. The appeals court found that the officers had enough time to get a search warrant but did not do so. They decided that there was no immediate danger to the public that would justify the warrantless search. Since the officers did not meet the requirements for an emergency situation, the court believed Hibdon’s rights were violated. Therefore, the evidence obtained during the search could not be used against him. The court reversed Hibdon's convictions and sent the case back for further proceedings. One judge disagreed with the majority's decision, believing that the police acted correctly in their search based on the circumstances they faced at the time. This dissenting opinion asserted that the smell of ether justified a limited check of the house for safety reasons. Overall, the majority decision emphasized the importance of obtaining a proper search warrant to protect individuals' rights, while the dissent highlighted the potential dangers law enforcement officers may face in similar situations.

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J-2009-0091

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In OCCA case No. J 2009-0091, C.C.S. appealed his conviction for robbery with a firearm. In an unpublished decision, the court decided to reverse the order of the lower court that had granted the State's motion to impose an adult sentence on C.C.S. and remanded the case for further proceedings with instructions to sentence C.C.S. as a Youthful Offender if he is convicted of the charged crimes. One judge dissented. C.C.S., who was born on December 28, 1990, faced multiple charges as a Youthful Offender. These included robbery with a firearm, possession of a firearm with a defaced serial number, and obstructing an officer. The State requested that C.C.S. be sentenced as an adult. After a hearing, a judge decided C.C.S. should be tried as an adult for the robbery charge. C.C.S. then appealed, and the case came before the Oklahoma Court of Criminal Appeals. During a hearing on April 30, 2009, the court listened to arguments and took time to think about the case. The court determined that the trial court had made a mistake by deciding to treat C.C.S. as an adult. The ruling meant that if C.C.S. was found guilty, he should be treated and sentenced as a Youthful Offender according to the law. This result was based on the idea that the law aims to help young people rehabilitate rather than punish them like adults. The judges in the dissent expressed their disagreement with the majority opinion. They believed that the trial judge had made a reasonable decision based on the facts of the case. They felt that the judge had thought carefully about what would be best for C.C.S., considering his age and the nature of the charges against him. The dissenting opinion also pointed out concerns about how the ruling would work, especially because C.C.S. was almost 18 at the time of the decision and nearly 18.5 years old by the time the case was decided. They referred to specific laws about how young offenders should be treated and raised questions about whether C.C.S. would still be eligible for a Youthful Offender program given his age during the legal proceedings. Overall, the court’s decision aimed to ensure that young people like C.C.S. would have the opportunity for rehabilitation instead of simply being punished as adults for their actions. The focus was on providing a chance for a better future rather than imposing adult penalties.

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F-2008-061

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In OCCA case No. F-2008-061, Antwaun Deon Lewis appealed his conviction for First Degree Malice Murder and Robbery with a Firearm. In a published decision, the court decided to modify his sentence for first degree murder from life without the possibility of parole to life imprisonment but affirmed the judgment and sentence for robbery. One judge dissented regarding the issue of the introduction of certain testimony. The case began when Lewis and another person killed Orlando Prudom at a park in Tulsa, Oklahoma. They shot Prudom multiple times and took items from him. Lewis was found guilty by a jury and received a harsh sentence because of his previous criminal record. During the appeal, Lewis raised several issues. One concern was about the trial procedure used when the jury decided his sentence after learning of his past conviction. He argued that the jury should not have known about his prior conviction when deciding the murder sentence. The court agreed that the trial procedure was flawed, which affected the fairness of his sentencing, leading them to change his sentence. Lewis also argued that a witness's testimony from a previous trial was used improperly without giving him a chance to confront her. However, the court decided that this error did not significantly affect the outcome because there was a lot of strong evidence against him, such as his own admissions and other witnesses' accounts. Another point Lewis raised was about the introduction of photographs of the victim, which he described as gruesome. The court ruled that these photographs were relevant to the case and did not unfairly prejudice the jury against him. Lastly, Lewis claimed he had ineffective assistance from his lawyer during the trial. The court found that the arguments regarding the trial process were enough to provide relief, while other claims did not show that he suffered from any real prejudice during the trial. The final decision upheld the conviction for murder and robbery, modified the murder sentence, and confirmed the revocation of a previously suspended sentence for another crime. In conclusion, while some issues found in the trial were acknowledged, the court maintained that the evidence against Lewis was very strong.

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F-2008-260

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In OCCA case No. F-2008-260, Ronnie Lamonte Lister appealed his conviction for Trafficking in Illegal Drugs, Possession of a Firearm During Commission of a Felony, and Possession of a Firearm After Former Conviction of a Felony. In an unpublished decision, the court decided to affirm the convictions for Trafficking in Illegal Drugs and Possession of a Firearm After Former Conviction of a Felony, but reversed the conviction for Possession of a Firearm During Commission of a Felony with instructions to dismiss. One judge dissented.

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F-2008-255

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In OCCA case No. F-2008-255, Kayla D. Robertson appealed her conviction for manufacturing a controlled dangerous substance, possession of a firearm during a felony, possession of a controlled drug within 1,000 feet of a school, and destroying evidence. In a published decision, the court decided to vacate the $50,000 fine imposed for the manufacturing charge but affirmed the other convictions and sentences. One judge dissented.

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F 2008-287

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In OCCA case No. F 2008-287, Matthew Thornbrough appealed his conviction for several counts, including possession of a firearm and operating a police radio. In an unpublished decision, the court decided to reverse his conviction for operating a police radio and ordered it to be dismissed, while affirming his convictions for the other charges. One judge dissented.

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F-2007-848

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In OCCA case No. F-2007-848, Marvis Evans appealed his conviction for robbery with a firearm, possession of a firearm after felony conviction, and pointing a firearm at another. In an unpublished decision, the court decided to affirm the convictions for robbery with a firearm and possession of a firearm but reversed and dismissed the conviction for pointing a firearm. One judge dissented. Marvis Evans was found guilty by a jury in Oklahoma County for several serious crimes. The jury decided he should spend twenty years in prison for each crime, but some sentences would be served at the same time. Evans argued that he was punished unfairly because of double jeopardy, meaning he did not think he should be tried and punished for the same act in two different ways. He also claimed there wasn't enough proof to prove he committed the crimes. The court looked at Evans's arguments closely. They found that he was guilty of robbery and possession of a firearm, and the law does allow for those two separate charges. However, they agreed that Evans was punished too harshly for pointing a firearm, which they decided to dismiss because it was too similar to the robbery charge. In the end, the court confirmed that he was guilty of robbery and possession of a firearm, but not for pointing a firearm. They ruled that the evidence against him was strong, including being caught shortly after the crime and making incriminating statements to police. Therefore, the court upheld part of his punishment but removed one conviction.

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S-2008-176

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In OCCA case No. S-2008-176, the State of Oklahoma appealed its case against a person charged with multiple crimes, including trafficking in cocaine and possession of marijuana with intent to distribute. The trial court had ruled that some evidence obtained from a locked safe in the motel room during the arrest should be suppressed, meaning it couldn't be used in court. The State argued two main points in its appeal. First, they believed the trial court made an error by not allowing a detective to share specific statements from a witness who gave permission to search the hotel room. Second, they thought the officers had the right to search the locked safe without needing a warrant. After looking closely at the case and the reasons for the trial court's decisions, the court concluded that the trial judge had done the right thing. It found that the trial court's rulings about hearsay, which refers to using second-hand information as evidence, were not wrong. The judges decided the officers should have obtained a warrant before searching that locked safe. The court affirmed, meaning they agreed with the trial court's decision to suppress the evidence from the safe. A judge dissented but the main ruling stood.

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C-2007-968

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In OCCA case No. C-2007-968, Aminu Inuwa appealed his conviction for Robbery with a Firearm and Possession of a Firearm After Former Conviction of a Felony. In a published decision, the court decided that Inuwa was denied effective assistance of counsel because of an attorney-created conflict of interest. The decision was that his application to withdraw his guilty pleas was to be granted, and the case was sent back for a proper hearing on that application. One member of the court dissented.

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