Prior Convictions

F-2010-914

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In OCCA case No. F-2010-914, Burdex appealed his conviction for uttering a forged instrument. In an unpublished decision, the court decided to affirm the judgment but modified Burdex's sentence from life imprisonment to twenty years. One judge dissented. Burdex was found guilty of dealing with a fake check, and the jury decided he should serve life in prison due to his past crimes. His appeal raised several issues, including whether he received a speedy trial, if the evidence against him was strong enough, and if the judge made mistakes during the trial. The court looked at the claim for a speedy trial and used a test from a previous case. They found that he was not denied this right. They also believed there was enough evidence that showed Burdex knew the check was fake since he gave different reasons for having it. Burdex argued that the state shouldn't have used some of his old felonies to lengthen his sentence. However, the court found that the state followed the rules correctly. They said that the past felonies were not too old to be used in deciding his punishment. The court also looked into whether Burdex had good lawyers. They found no evidence that his lawyers did a bad job. Additionally, the judges decided the trial court was correct in not explaining what a life sentence meant. When it came to his sentence, the court felt that life imprisonment was too harsh for a non-violent crime. They noticed that the jury seemed to struggle with the punishment and had questions about how to decide it. Because of this, they decided to change his sentence to twenty years instead of life. In summary, the court agreed with the trial's decision to convict Burdex but felt the punishment should be lighter. One judge did not agree with changing the sentence and believed the jury's decision on punishment should stay as it was.

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F-2011-354

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In OCCA case No. F-2011-354, Isaiah Hasan Gilbert appealed his conviction for Felonious Possession of a Firearm. In an unpublished decision, the court decided to modify his sentence from thirty years to twenty years in prison. Gilbert was found guilty after a jury trial. He was charged with having a gun even though he was not allowed to because of his past criminal record. The jury recommended a sentence of thirty years and a fine of $5,000. Gilbert argued that his lawyer did not do a good job during the trial and that his sentence was too long considering the circumstances. The court looked carefully at everything that happened during the trial. It agreed that Gilbert's lawyer made mistakes but concluded that they did not affect the trial's outcome enough to reverse the conviction entirely. One of the main issues was that Gilbert's lawyer did not call a witness who could have said the gun belonged to someone else. Instead, the lawyer tried to bring that information up in a way that was not allowed, which was a mistake. The court also found that the jury heard improper information about Gilbert’s past, specifically that he had been given suspended sentences from previous convictions. The prosecutor mentioned this to the jury, which could have unfairly influenced their decision on how long to sentence him. Because of these issues, the court decided to reduce Gilbert's sentence from thirty years to twenty years. In conclusion, the decision by the court maintained Gilbert's conviction but reduced the time he had to spend in prison due to the unfair use of his past criminal history in the trial process.

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F-2010-547

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In OCCA case No. F-2010-547, Berry appealed his conviction for Lewd Molestation and Kidnapping. In an unpublished decision, the court decided to uphold Berry's conviction for Lewd Molestation but reversed his conviction for Kidnapping. One member of the court dissented. Berry was found guilty by a jury of Lewd Molestation and Kidnapping in Tulsa County. The case involved a two-year-old girl who wandered away from her home and encountered Berry. Witnesses saw Berry beckon the girl to his truck, pick her up, and drive away. Police later found the girl in Berry's truck, seemingly unresponsive, although no definitive physical harm or evidence of sexual assault was found. Berry argued that he should not have been punished for both crimes because the acts of Lewd Molestation and Kidnapping were connected and arose from the same action. The court agreed that the crimes involved the same incident when Berry took the girl, thus violating Oklahoma's law against double punishment. They affirmed the Lewd Molestation conviction but reversed the Kidnapping conviction, indicating the offenses were inseparable in this instance. One judge disagreed, believing that the Kidnapping and Lewd Molestation were distinct, separate crimes, and thus both should stand.

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F-2010-558

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In OCCA case No. F-2010-558, Torrez Ceasar appealed his conviction for Possession of Controlled Dangerous Substance (PCP) with Intent to Distribute. In an unpublished decision, the court decided to reverse the conviction and modify it to Possession of Controlled Dangerous Substance (PCP) alone, with a sentence of imprisonment for twenty years. One judge dissented. The case began when Ceasar was tried by a jury and found guilty of possessing PCP with the intent to distribute it. The trial took place in the District Court of Oklahoma County, where the judge sentenced him to a long prison term of twenty-five years. Ceasar challenged his conviction on several points. First, Ceasar argued that the evidence did not prove he was guilty beyond a reasonable doubt. He claimed the state failed to show that he actually possessed the PCP or that he intended to distribute it. The court examined whether a reasonable person could have found him guilty based on the evidence presented. They found enough evidence to support that he had thrown a bottle of PCP into a car, suggesting he had possession of it. However, the question of whether he intended to distribute it was more complex. The law stated that merely having a drug is not enough to show intent to distribute. The court compared Ceasar's situation with another case where the defendants had a large amount of marijuana but were not selling it. The court noted that without proof of other selling signs, such as packaging for sale or cash, it was not clear if Ceasar intended to distribute the drugs. The evidence related to Ceasar's intoxication seemed more consistent with personal use rather than distribution, leading to the decision to change his conviction to simple possession of PCP. Ceasar also raised concerns about the admission of evidence related to his alleged gang affiliation. The court concluded that while this type of evidence can be seen as unfairly prejudicial, in this case, it did not significantly impact the trial outcome. The reference to gang signs was deemed minor and not overly emphasized during the trial, so the decision to allow it was considered fair. Lastly, Ceasar argued that the trial judge erred by not allowing his jury to consider a lesser charge of public intoxication. However, the court determined that public intoxication was not a lesser included offense of drug possession with intent to distribute. The laws concerning these charges protected different public interests, so the judge was correct in denying this instruction to the jury. In summary, after reviewing all arguments and the evidence, the court found that Ceasar's original conviction for Possession of Controlled Dangerous Substance with Intent to Distribute was not supported by sufficient evidence of intent to distribute. Therefore, his conviction was changed to simply possessing the substance, and the sentence was adjusted to twenty years in prison. The dissenting opinion raised concerns about the majority interpretation of intent and evidence but ultimately, the revised conviction stood.

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F-2010-99

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In OCCA case No. F-2010-99, Sheila Diane Royal appealed her conviction for multiple drug-related offenses. In an unpublished decision, the court decided to affirm all of Royal's convictions but to modify her sentence for one of the misdemeanor charges due to a procedural error during her trial. One judge dissented. Royal was found guilty by a jury of trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. The jury determined that Royal had prior felony convictions, which enhanced her sentence. Royal received a life sentence without parole for the drug trafficking charge, among other sentences for the remaining charges. The case began when police officers went to Royal's house to look for a man with a warrant. Royal and her boyfriend denied knowing him and gave consent for the officers to search. During the search, officers found scales, crack cocaine, marijuana, a firearm, and a large amount of cash, leading to Royal's arrest. Royal raised several issues on appeal, including claims of multiple punishments for the trafficking and tax stamp offenses, the proper handling of her prior convictions during the trial, and the way the trial court conducted jury selection. The court found that the convictions for trafficking and failing to obtain a tax stamp did not violate double jeopardy rules because the laws intended for separate punishments. It also concluded that Royal did not make a sufficient objection to how her prior convictions were handled, thus denying her request for relief. Regarding the claim about possession of paraphernalia, the court agreed that the trial court made a mistake by improperly separating the trial stages, which influenced the jury's punishment decision. The court modified her sentence for this charge accordingly. The jury selection process was also scrutinized, but the court upheld the removal of certain jurors who may not have been impartial due to their own legal issues. Lastly, the court noted that Royal was required to wear a shock device during trial, which raised concerns under legal rules governing restraints on defendants. The court agreed that there wasn't enough evidence justifying the need for such restraint, but because it was not visible to the jury, it did not affect the trial's outcome. In summary, while Royal's convictions were largely upheld, the court made adjustments based on procedural concerns during her trial.

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F-2010-131

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In OCCA case No. F-2010-131, Darius Darrell Payne appealed his conviction for trafficking in illegal drugs, possession of a firearm after a felony conviction, unlawful possession of marijuana (second offense), failure to obtain a drug tax stamp, and possession of paraphernalia. In a published decision, the court decided to affirm Payne's convictions on all counts but remanded the matter for a new sentencing proceeding on certain counts due to errors in jury instructions. One judge dissented. The case began when police officers went to a house where Payne was present, looking for a man with an arrest warrant. When they entered, they found illegal drugs, a gun, and cash, leading to Payne's arrest. During the trial, the jury found Payne guilty on multiple charges and set significant punishment for his crimes, including life in prison without the possibility of parole for the drug trafficking offense. Payne raised several issues on appeal. He argued that being punished for both trafficking and failure to obtain a drug tax stamp for the same drugs was unfair and violated laws against double punishment. The court found that the laws allowed for separate punishments, so this argument was rejected. Payne also claimed that the jury wasn't properly instructed about the requirements for his life sentence. The court agreed that the instruction was incorrect, leading to a ruling that he should have a new sentencing hearing for this and another charge related to marijuana possession. Additionally, the court noted that the trial court should not have separated the misdemeanor charge regarding drug paraphernalia, which led to a penalty that was likely influenced by prior convictions that weren't relevant for that specific charge. As a result, the court reduced his sentence for possession of paraphernalia from one year to three months. Lastly, there were also some mistakes on the official documents from the trial that needed to be corrected, such as the wrong section numbers and indications of pleading guilty that were factually incorrect. In summary, while Payne's convictions were upheld, the court found that certain errors related to sentencing and jury instructions necessitated further proceedings. The final decision called for changes to some sentences while affirming others.

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F-2010-307

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In OCCA case No. F-2010-307, the appellant appealed his conviction for first-degree murder. In an unpublished decision, the court decided to affirm the conviction but vacated the sentence for re-sentencing. One judge dissented, suggesting a modification of the sentence to life imprisonment instead of life without the possibility of parole.

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F-2009-749

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In OCCA case No. F-2009-749, Waymond George Morrison appealed his conviction for multiple offenses, including Possession of Controlled Dangerous Substances (CDS) with Intent to Distribute, Driving a Motor Vehicle Without a License, Distribution of CDS, and Possession of Proceeds from drug-related activities. In an unpublished decision, the court decided to affirm his conviction for three counts while reversing one count related to possession of proceeds, ordering that it be dismissed. One justice dissented. Morrison faced several serious charges related to drugs and was sentenced to a total of 100 years in prison for the most severe charges, along with some fines. During his trial, he argued that his rights to due process were violated, that there was an improper handling of testimony, and that he faced double punishment for his actions. The court evaluated his claims: 1. The first issue was whether Morrison’s rights were violated when the court didn’t allow certain testimony. The court decided that the excluded testimony wasn't relevant to the case, so his rights were not infringed upon. 2. The second concern was about the trial being split into two parts (bifurcated). The court ruled that this was a correct decision and that it did not abuse its discretion. 3. Morrison also contended that testimony from a rebuttal witness should not have been permitted. The court found that this was appropriate because the rebuttal witness provided necessary clarifications to previous testimonies. 4. Regarding the issue of double punishment, the court explained that Morrison’s possession and distribution charges were based on separate actions—one for having cocaine and one for selling it. However, his conviction for possession of proceeds was tied to the same act of selling cocaine, so that particular conviction was reversed. 5. The sufficiency of the evidence against him was also questioned. The court found that there was enough evidence for the jury to reasonably convict Morrison of intent to distribute due to the drugs found in his car shortly after a sale. 6. Lastly, Morrison felt his sentence was excessively harsh. The court did not agree, noting that due to his previous criminal record, the sentence was justifiable. In conclusion, the court upheld the majority of Morrison's convictions and sentences, significantly addressing various legal arguments made by him during the appeal process.

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F-2009-1067

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In OCCA case No. F-2009-1067, Embry Jay Loftis appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Loftis's Judgment but modify his Sentence to thirty years imprisonment. One judge dissented. Loftis was found guilty by a jury and received a punishment of forty years in prison and a $10,000 fine. He appealed for several reasons. First, he believed that he was unfairly denied the chance to present witnesses who could help his case. Second, he felt that representing himself during the trial was not properly allowed since the court didn’t check if he was capable of doing so. He also argued that the jury should not have been allowed to consider his past convictions for enhancing his punishment because they were part of the same event. Loftis claimed that missing written jury instructions meant he couldn't fully contest the second part of the trial. He also stated that the prosecutor made improper comments during closing arguments that hurt his chances of a fair trial. Additionally, he questioned if there was enough evidence to prove he had possession of the drugs. Lastly, he thought that all the errors together should lead to a new trial or change in sentencing. After reviewing everything, the court found that while Loftis’ trial was not perfect, the errors did not warrant a reversal of the conviction. However, because of some issues with the sentencing in light of his past convictions and prosecutor comments, they reduced his sentence to thirty years instead of forty. The court maintained that Loftis had enough information to prepare for his appeal, even without the written jury instructions.

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RE-2009-1019

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In OCCA case No. RE-2009-1019 and RE-2009-1020, the appellant appealed his conviction for the revocation of his suspended sentences. In an unpublished decision, the court decided to modify the full revocation of his seven-year suspended sentences to a three-year revocation with four years remaining suspended. One judge dissented. The case involved the appellant, who had previously pleaded guilty to multiple drug charges and received a suspended sentence. Later, the State accused him of violating his probation by committing new crimes. The judge found enough evidence to revoke his entire suspended sentence, which the appellant contested. The appellant argued that a small amount of marijuana found in a car he was driving was not enough to prove he controlled it because it was not his car. He also claimed that revoking his entire sentence was too harsh and should be changed. However, the court upheld the judge's finding that the appellant indeed had control over the marijuana since he was driving the car alone and had acknowledged ownership of the drug paraphernalia in the car. The court found merit in the appellant's argument about the harshness of the punishment because the reasons for revoking the full sentence were incorrect. The judge had based his decision on prior allegations that didn't hold up to factual scrutiny during the revocation hearing. The violations were also deemed minor and were not even prosecuted. In the end, the court decided to cut the original seven-year full revocation down to three years while keeping four years suspended, demonstrating that the punishment still reflected the violations but was fairer given the circumstances.

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F-2009-959

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In OCCA case No. F-2009-959, the appellant appealed his conviction for driving under the influence and driving with a suspended license. In an unpublished decision, the court decided to affirm most of the lower court's decisions while modifying one of the fines imposed. One member dissented. Napoleon Eugene Manous was tried by jury in the District Court of Okmulgee County, where he was found guilty of two counts: one for driving a motor vehicle while under the influence of alcohol and another for driving with his license suspended. The jury sentenced him to seven years in prison with treatment and a fine for the first count, and to six months in jail with a fine for the second count. Mr. Manous raised several points in his appeal. He claimed his rights were violated in a few ways. For instance, he argued that statements he made while in custody should not have been used against him because he did not receive a warning that he had the right to remain silent (known as a Miranda warning). The court found that the statements were not obtained from police questioning, so they could be used in his trial. He also argued that hearsay evidence was wrongly allowed in his trial. However, the court found that this evidence was not used to prove something true but was only to explain why the police officer acted as he did. Therefore, it did not violate his right to a fair trial. Manous believed he did not get a fair punishment because of incorrect jury instructions about fines for his second count. The court agreed that the jury got bad information about how much they could fine him and decided to change the fine amount to $300 instead of $500. He argued that the trial court misapplied his sentence and didn’t accurately reflect the jury’s decision. The court acknowledged this mistake and agreed to correct the written judgment to match the jury’s decisions. Moreover, Manous claimed that mentioning his past legal troubles during sentencing was unfair. The court, however, found that his lawyer did not object to this at the trial, which weakened his argument on appeal. He also stated his lawyer did not properly fight against the errors during the trial that affected his sentencing. Again, the court found that many issues had already been addressed and it was not enough to have his conviction overturned. Lastly, he combined all his complaints, arguing that they collectively warranted a new trial, but the court ruled that there was no significant accumulation of errors. In summary, the court affirmed much of the initial decisions made by the lower court but did make changes to the fine in one count. One judge disagreed with part of the decision but largely supported the overall outcome.

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C-2009-865

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In OCCA case No. C-2009-865, Floyd Reid appealed his conviction for Robbery With a Firearm. In an unpublished decision, the court decided to affirm the trial court's ruling, meaning they agreed with the trial court's decision not to let Reid withdraw his guilty plea. One judge dissented.

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F-2008-60

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In OCCA case No. F-2008-60, Valenta E. Thompson appealed his conviction for multiple serious crimes including first-degree rape, sodomy, kidnapping, and witness intimidation. In an unpublished decision, the court decided to uphold some of the convictions while reversing others. One judge dissented. Valenta E. Thompson faced serious charges in the District Court of Muskogee County. He was found guilty by a jury of crimes that included rape and sodomy, among others. The jury recommended significant sentences, leading to Thompson receiving life imprisonment for some charges and lesser sentences for others. In his appeal, Thompson raised many issues. He argued that he did not receive a fair trial, citing that he was not properly informed of the elements of some charges. Specifically, he mentioned that the jury wasn't instructed about the components necessary to prove anal sodomy and witness intimidation. These mistakes were recognized as severe enough to warrant a reversal of those convictions. Thompson also claimed that there was not enough evidence to support his conviction for rape, and he argued that incorrect jury instructions regarding his potential sentences impacted his case. In addition, he pointed out that the prosecutor had made improper comments during the trial about plea deals, and that his own lawyer did not provide adequate representation throughout the process. The court carefully reviewed all the arguments and the entire record of the case. They found that the lack of instruction for some charges was a significant error. This was particularly true for witness intimidation, where the jury did not understand what needed to be proven for a conviction. Because of this, those specific counts were reversed. However, regarding the charge of first-degree rape and other offenses, the court found enough evidence to support the convictions. The judges determined that despite the errors concerning instructions, Thompson's sentences for the remaining counts were appropriate and should be upheld. In conclusion, the court affirmed the judgments and sentences for most of Thompson's convictions while reversing and remanding the convictions related to anal sodomy and witness intimidation for further proceedings. Some judges agreed with this decision, but one judge dissented, believing that the convictions should not have been reversed.

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F-2007-543

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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.

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M-2005-375

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In OCCA case No. M-2005-375, the appellant appealed his conviction for Reckless Driving, Leaving the Scene of an Accident, Failing to Register a Vehicle, and Failing to Carry Security Verification. In a published decision, the court decided to reverse the convictions for Reckless Driving, Leaving the Scene of an Accident, and Failing to Carry valid Security Verification and remand for a new trial. The conviction for Failing to Register a Vehicle was also reversed with instructions to dismiss. One judge dissented. The case involves an appellant who was convicted after a jury trial in Love County. He was sentenced to a total of over two years in prison and ordered to pay restitution for damages. Appellant raised several issues on appeal, primarily arguing that the trial court made mistakes during the trial, including allowing improper questioning about a previously withdrawn guilty plea and imposing an illegal punishment. The trial started with the appellant being arrested for multiple offenses related to driving and vehicle registration. At first, he agreed to plead guilty but decided to withdraw that plea after getting legal help. During his trial, the prosecution wrongly questioned him about that guilty plea, which was acknowledged as an error by both sides. This error was seen as significant enough to potentially affect the jury's decision, therefore, the court believed a new trial was necessary. For the offense of Failing to Register a Vehicle, the court found that the punishment given was not within the law's limits. Furthermore, the state agreed that the appellant should not have been charged under Oklahoma law since the vehicle was bought out of state. Thus, the conviction for this offense was also overturned. In conclusion, the court acted to protect the fairness of the trial process by ordering new trials for some convictions and dismissing others. The decision addressed important legal standards and ensured that justice was served correctly.

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F-2007-269

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In OCCA case No. F-2007-269, Victor Allen Martin appealed his conviction for several drug offenses, including possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to reverse one of Martin's convictions for possessing methamphetamine without affixing a tax stamp, as there was not enough evidence to support that charge. The court affirmed his other convictions and sentences, agreeing that the evidence was sufficient for them. One member of the court dissented.

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F-2005-1285

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In OCCA case No. F-2005-1285, Willard Dean Jackson appealed his conviction for lewd or indecent proposal to a child under sixteen. In an unpublished decision, the court decided to reverse the conviction and remand the case with directions to enter a judgment of conviction for soliciting a minor for child pornography. One judge dissented.

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F-2006-896

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In OCCA case No. F-2006-896, the appellant appealed his conviction for first-degree arson, assault and battery domestic abuse, assault and battery, and public intoxication. In an unpublished decision, the court decided to affirm the judgments and sentences for counts I and II but modified the sentences for counts III and IV by vacating the fines imposed on those counts. One judge dissented. Michael Wayne Schulze was found guilty of starting a fire, which was labeled as first-degree arson, along with committing several misdemeanors related to domestic abuse and public intoxication. The jury recommended lengthy prison time and fines for these actions. Schulze argued that the evidence against him was not strong enough to prove his guilt for arson. He also claimed that the instructions given to the jury were misleading regarding his possible sentences and fines. He sought modifications to the imposed fines and sentences, while also asserting that the prosecutor behaved improperly during the trial. The court examined the arguments and determined that the evidence was sufficient to support the jury's finding of guilt for arson. They agreed that the jury was wrongly instructed about potential sentencing for certain charges, which warranted relief by adjusting the fines for the misdemeanor counts. However, they maintained the convictions and sentences for the arson and domestic abuse counts, deciding that the errors in jury instructions did not severely impact the outcome of the case. Overall, the court upheld the majority of the original decisions but aimed to correct parts of the sentencing that were found to be incorrect, ensuring justice was served.

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F-2005-1146

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In OCCA case No. F-2005-1146, Pamela Dee Colley appealed her conviction for trafficking in illegal drugs (methamphetamine) and several other drug-related charges. In an unpublished decision, the court decided to affirm her convictions for counts 1, 2, 4, 5, 6, 7, and 8, but reversed her conviction for count 3, possession of marijuana. One judge dissented regarding the reversal of count 3. Pamela Colley was found guilty by a jury for a serious crime related to illegal drugs after a traffic stop conducted by a police officer. The case began when the officer noticed her car making a traffic violation early in the morning. When he pulled her over, he found out that Colley did not have a driver's license and provided some confusing information. The police officer thought that drug dealers were operating in the area, so he called for a K9 unit to further check for drugs. When the dog alerted, the police searched her car and found illegal drugs, scales, and items used for drug use in her purse. Colley was very upset and later gave permission for police to search her, leading to more illegal items being discovered on her. Colley argued in court that her sentence of life without parole was unfair and that she didn’t know about the drugs. She claimed that her attorney didn’t defend her well and that the way the trial was handled had problems. However, the court found that there was enough evidence to support her conviction. They also decided the police did everything by the book during the traffic stop. While the court agreed that one of her charges resulted in a double punishment, it found that her other convictions were valid given the serious nature of the drug trafficking involved. Thus, she will remain convicted on those charges, which involved large amounts of methamphetamine, while they reversed the possession of marijuana charge due to it being a part of the same incident.

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F-2005-228

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In OCCA case No. F-2005-228, Gordon Fife Franklin appealed his conviction for Kidnapping, Assault and Battery with a Dangerous Weapon, and Cruelty to Animals. In an unpublished decision, the court decided to reverse the conviction for Cruelty to Animals and to modify the sentences for the remaining convictions to 55 years each instead of 250 years. One judge dissented. Franklin was found guilty by a jury and received a very long sentence for his crimes. The jury thought that his actions were very bad and wanted him to spend a lot of time in prison. However, the court later said the sentences were too long. They decided that the evidence for one of the charges, Cruelty to Animals, was not strong enough to keep that conviction. During the trial, the court let different pieces of evidence be shown to the jury. Some of this evidence was questioned later, but the court said that it didn't really change the outcome of the trial. They said that even though there were mistakes made in the trial, the serious charges of Kidnapping and Assault were still valid. Overall, the court agreed that while Franklin did do some wrong things, the punishments should be reduced to a more reasonable amount of time. In conclusion, Franklin's punishment was lightened, and the charge for hurting the animal was removed completely.

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F-2004-1283

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In OCCA case No. F-2004-1283, Marion Whitmore appealed his conviction for Possession of Controlled Substance (Methamphetamine) After Two or More Prior Convictions, and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided to affirm his convictions but modified his sentence for possession of methamphetamine from sixty-five years to thirty-five years. One judge dissented, arguing that the original sentence should not have been modified as any error was harmless beyond a reasonable doubt.

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F-2005-405

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In OCCA case No. F-2005-405, Edward Mark Szczepan, Jr., appealed his conviction for Assault and Battery upon a Police Officer. In a published decision, the court decided to affirm the conviction but modified the sentence. The dissenting opinion was not recorded. Szczepan was tried in a non-jury trial and found guilty of assaulting a police officer. The court sentenced him to four years in prison and a $1,000 fine. He challenged two things in his appeal. First, he questioned whether he properly waived his right to a jury trial. The court found that the record showed he had indeed made a valid waiver. The second challenge was about whether the evidence was enough to prove he had prior felony convictions. The State admitted they failed to show this evidence during the trial. Because the prior convictions must be proven beyond a reasonable doubt, the court agreed that the evidence was insufficient. Since the State could not present proof of Szczepan's prior convictions, the court noted that he could not be given the enhanced sentence that came with those convictions. Thus, the court modified his sentence to one year in prison and reduced the fine to $500. Overall, while the court upheld the conviction, Szczepan's punishment was made less severe due to the lack of evidence for the prior convictions.

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F 2005-41

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In OCCA case No. F 2005-41, James Nye appealed his conviction for Manufacture or Attempted Manufacture of a Controlled Dangerous Substance (Methamphetamine). In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. James Nye was found guilty by a jury in a district court in Grady County. The jury decided he should go to prison for sixty years for his crime. After the trial, Nye believed there were problems that made his trial unfair, so he appealed the decision. He raised six main reasons for his appeal: 1. He said there wasn't enough good evidence to prove he did the crime based on what his co-defendant said. 2. He thought the court made mistakes by allowing too much evidence that helped the co-defendant's story without being necessary. 3. He claimed that the people working for the state did things that were unfair and made the jury give him a harsher sentence. 4. He felt that some evidence presented was not related to the case and led to a higher sentence than it should have been. 5. He argued that the sentence he got was too harsh. 6. Finally, he believed that all these problems combined made the trial not fair. After looking at the evidence and the reasons presented by Nye, the court agreed that his conviction should not be changed because there was enough evidence to support the decision. However, they also found that there were issues in the trial that affected his sentence. The court recognized that while some mistakes were made, they ultimately did not affect the conviction itself. The court highlighted that the prosecutor said things that should not have been said and presented evidence that was prejudicial. The judge noted that bringing up Nye’s past in court and how long he spent in jail might have made the jury unfairly biased against him. Because of these mistakes and the belief that the original sentence was excessive, the court changed the sentence from sixty years to a new sentence of twenty years. The judges felt that this new sentence was a fairer punishment for the crime Nye committed. One judge disagreed with the amount the sentence was lowered to, suggesting it should be reduced to thirty-five years instead. In summary, James Nye's conviction is upheld, but he will now serve twenty years in prison instead of sixty because of errors made in the trial.

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F 2004-1305

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In OCCA case No. F 2004-1305, Anthony Joseph Frost appealed his conviction for Aggravated Attempting to Elude a Police Officer and Possession of Drug Paraphernalia. In an unpublished decision, the court decided to modify the sentence for the aggravated attempting to elude charge due to errors during the trial. One judge dissented regarding the modification of the sentence. Frost faced a jury trial where he was found guilty of two charges. The jury decided on a punishment of 40 years for the first charge and 1 year with a $1,000 fine for the second charge. The sentences were set to be served at the same time. Frost appealed the decision, claiming that the trial court did not give the jury enough information about parole eligibility and that the court made a mistake by not redacting previous sentence information from his prior convictions. The court found that the trial court did not do anything wrong with the first claim because Frost did not raise an objection during the trial. However, the court agreed that there was a mistake in how previous sentences were presented to the jury. This information could have influenced the jury's decision on the punishment. The court decided to change Frost’s sentence for aggravated attempting to elude from 40 years to 25 years, while keeping the sentence for the drug paraphernalia charge the same. The judges all agreed on some parts of the decision, but one judge disagreed with changing Frost's sentence, believing that the jury should be fully informed about the defendant's history to make a fair decision.

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F-2004-649

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In OCCA case No. F-2004-649, Franklin Lee Gibbs, Jr. appealed his conviction for First-Degree Murder and Felon in Possession of a Firearm. In an unpublished decision, the court decided to reverse the conviction due to an error in jury selection. Gibbs was only given five peremptory challenges instead of the nine he was supposed to have under the law. This was considered a violation of his due process rights, leading the court to order a new trial. Additionally, one judge dissented on some points, but the key reason for the reversal was the error in jury selection.

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