Prior Convictions

F-2004-971

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In OCCA case No. F-2004-971, Donald Eugene Stevenson appealed his conviction for Child Abuse. In an unpublished decision, the court decided to modify his sentence to life imprisonment. One judge dissented. Donald Eugene Stevenson was found guilty by a jury for hurting a child, which is known as child abuse. The jury gave him a very long sentence of 100 years and 3 months in prison. After he appealed, he pointed out some problems he believed happened during his trial that should lead to a new trial or a shortened sentence. Firstly, he argued that the jury saw too much information about the child's suffering, including a video that was too emotional and shouldn’t have been shown. This, he said, made the jury feel too strongly against him. However, the court found that the video was important to show how badly the child was hurt, and it helped explain what happened, so they believed it was okay to include it. Since he didn’t complain about the video during the trial, the court didn’t see any major mistake. Secondly, Stevenson said there were details about his previous crimes that shouldn’t have been shared. The court agreed that including this information was wrong because it might have made the jury think he deserved a harsher punishment than they already decided. Because of this mistake and those details from his past, the court decided to change his punishment to life in prison instead of a long stretch of years. In the end, the court said Stevenson’s conviction stood—meaning he was still found guilty—but they changed how long he would have to stay in prison. One judge didn’t fully agree with changing the sentence to life, but the majority of the judges went along with it.

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F 2004-989

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In OCCA case No. F 2004-989, John Fitzgerald Kessee appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Kessee was found guilty of robbing someone and had a long history of prior convictions, which led to a heavy sentence of ninety-nine years. He claimed that there wasn’t enough evidence to support his conviction and said that the way he was tried for the second time after a mistrial violated his rights. He also argued that there were mistakes made during the sentencing that should change his punishment. After looking closely at the case and the arguments made, the court found that there was enough proof for the jury to reach a decision about Kessee’s guilt. They decided that the issues surrounding the mistrial didn’t violate his rights. However, they agreed that the way the prosecutor talked about Kessee’s past sentences was wrong and affected his right to a fair trial. As a result, the court decided to lower his sentence to forty-five years in prison instead of ninety-nine. While most judges agreed with the decision, one judge disagreed with changing the sentence, believing the jury's decision should stand as is.

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F-2004-1080

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In OCCA case No. F-2004-1080, Kirk Douglas Byrd appealed his conviction for multiple offenses, including Unlawful Possession of a Controlled Drug and Driving Under the Influence of Intoxicating Liquor. In a published decision, the court decided to affirm most of the convictions but modified the sentence for the DUI charge to ten years. One judge dissented.

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F-2004-688

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In OCCA case No. F-2004-688, Arthur Gerald Graves appealed his conviction for Trafficking in Illegal Drugs. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial with effective counsel. One judge dissented. Graves was convicted after a non-jury trial where he was found to have drugs in his possession. The police had noticed a lot of people going in and out of a hotel room and decided to investigate. When the police knocked on the door and were let in, Graves showed up with a bag in his hand. This made the officers suspicious. They arrested him and found drugs and cash on him. Graves claimed that the police did not have a good reason to search him or arrest him. He argued he was just carrying his keys when he knocked on the door. However, the trial court did not agree with him and allowed the evidence found to be used against him in court. During the appeal, Graves's main argument was that he did not receive good help from his lawyers. The court found that his lawyers did not do their job well, which affected the trial's outcome. They had three different attorneys, and their lack of teamwork hurt his defense. The judges noted that the defense lawyers failed to present important evidence that could have helped Graves and that they made some arguments that did not relate to the case. The court stated that the mistakes made by Graves's lawyers made it hard to trust the trial's results. Because of this, they decided that Graves deserved another chance to have a proper trial with the right legal help. Therefore, the court reversed his conviction and sent the case back for a new trial.

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F-2004-1271

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In OCCA case No. F-2004-1271, Darrell Antonio Cheadle appealed his conviction for robbery with a firearm, felon in possession of a firearm, and aggravated attempting to elude a police officer. In an unpublished decision, the court decided that while the convictions were upheld, the sentences were modified to life in prison for each count, with some sentences running consecutively and others concurrently. One judge dissented, stating that the delay before the trial was prejudicial to the defendant's defense, but agreed that the evidence of guilt was very strong.

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F-2004-527

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In OCCA case No. F-2004-527, Christopher Dwayne McGee appealed his conviction for distribution of a controlled substance and conspiracy to distribute a controlled dangerous drug. In a published decision, the court decided to reverse the conviction for conspiracy and dismiss that count due to insufficient evidence, while affirming the conviction for distribution. One judge dissented on certain issues. McGee was found guilty in the District Court of Stephens County for distributing a controlled substance and conspiring to distribute another. He received a twenty-year sentence and a fine for each count. He appealed his convictions based on five main arguments. First, McGee claimed there was not enough evidence to support his conspiracy conviction. The court agreed with this claim, stating that for a conspiracy to exist, there must be two parties who agreed to commit the crime. Since there was no evidence showing that another person was involved in the agreement with McGee, the conspiracy charge was dismissed. Second, McGee argued he was denied his right to present mitigating evidence to the jury. The court noted that character evidence is generally not allowed in non-capital cases, therefore finding his claim without merit. Third, McGee said he was denied the right to represent himself in court. However, the court found that he had withdrawn his request to act as his own attorney, so this claim was also dismissed. Fourth, he argued that he did not receive effective assistance from his attorney. The court concluded that McGee's lawyer had successfully achieved the dismissal of two other charges against him and did not fail in his responsibilities. Finally, McGee felt that he had been wrongly made to defend against his past convictions during the trial. The court explained that after a previous plea deal was canceled, his case was reset as if no plea had happened, and thus, he was not unfairly treated by needing to defend against prior offenses. In summary, the court affirmed McGee's conviction for distribution but reversed and dismissed the conspiracy conviction due to a lack of evidence.

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F-2004-332

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In OCCA case No. F-2004-332, Sheila Ann Sutton appealed her conviction for grand larceny and knowingly concealing stolen property. In an unpublished decision, the court decided to modify her conviction to petit larceny and reversed and dismissed the charge of concealing stolen property. One judge dissented. Sutton was accused of stealing electronic items, including DVD players, with friends. The jury found her guilty and she was sentenced to five years in prison for grand larceny and four years for concealing stolen property, with the sentences running at the same time. During her appeal, Sutton argued several points. She claimed that simply being in a car with stolen shoes did not mean she was hiding them. The court agreed that the evidence did not show she attempted to conceal the shoes and reversed the charge for that reason. Sutton also argued that she only took property worth less than $500, which should be classified as petit larceny, not grand larceny. The evidence showed that she took one DVD player worth $487, and the other players taken by her companions did not change that. The court agreed and changed her conviction to petit larceny. Additionally, Sutton claimed that the jury was not properly instructed about the law surrounding the charges against her. The court found that the instructions were lacking and noted that without proper guidance, the jury might have struggled to understand how to reach their decision on grand larceny. Sutton also pointed out that there was an instruction about flight, but the circumstances didn't support it, meaning it should not have been mentioned during the trial. The court acknowledged this, saying that giving such an instruction without proper context was wrong. After reviewing all of Sutton's claims, the court modified her conviction to petit larceny and changed her sentence to two years in prison. They dismissed the second charge. The dissenting opinion argued that there was enough evidence to support the original conviction and that the jury understood what happened during the events in question. In summary, the court modified Sutton's conviction and sentence due to errors in the trial process, particularly related to jury instructions, while the dissenting judge believed the jury's original decision was justified.

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RE-2004-445

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In OCCA case No. RE-2004-445, Dewayne Eugene Ring appealed his conviction for attempted burglary. In an unpublished decision, the court decided that Ring should have a chance to withdraw his guilty plea because he was not eligible for a suspended sentence due to his prior convictions. The court found that his previous felony convictions meant that part of his sentence that was suspended was void. Therefore, they ordered that the lower court should give him a chance to withdraw his plea. If he chose not to withdraw it, the court was to make him serve the full sentence. One judge dissented in this opinion.

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F-2003-405

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In OCCA case No. F-2003-405, Clarence Edward Reed appealed his conviction for Unlawful Possession of Controlled Drug, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm Reed's conviction but modified his sentence to six years in prison instead of eight. One judge dissented on part of the decision.

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F-2003-1145

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In OCCA case No. F-2003-1145, James Lee Wiggins appealed his conviction for Knowingly Concealing Stolen Property. In a published decision, the court decided to affirm the conviction but modified the sentence to eight years of imprisonment instead of ten. One judge dissented. Wiggins was found guilty by a jury and received a sentence of ten years for concealing stolen property after having prior felony convictions. He raised several issues in his appeal. He argued that evidence of his past crimes unfairly influenced the jury and that improper comments during his trial led to an inflated sentence. Additionally, he stated that his case should be sent back to change the judgment so he could receive credit for the time he had already served. Lastly, he claimed that all these errors together made his trial unfair. Upon reviewing the case, the court agreed that some errors occurred, particularly regarding how the prosecution questioned Wiggins about his past prison time. However, they believed that these mistakes did not change the verdict of guilty. They also confirmed that he should receive credit for the time served due to a clerical error in his judgment. In the end, Wiggins' conviction was maintained, but the court reduced his sentence and directed the trial court to correct the judgment to ensure he received credit for the time he served.

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F-2002-1561

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In OCCA case No. F-2002-1561, Joe Edward Stratmoen appealed his conviction for Unlawful Possession of a Dangerous Drug and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm the life sentence for the drug charge but modified the sentence for the weapons charge to two years. One judge dissented. Stratmoen was found guilty of having methamphetamine and a weapon during a crime. He was originally sentenced to a long prison term. However, he argued that he did not agree to a key part of his sentencing, which led to a re-sentencing trial being ordered. At this new trial, the jury decided he should have a life sentence for the drug charge and a ten-year sentence for the weapon charge. Stratmoen’s appeal brought up several points. He said the court shouldn’t have let a jury re-sentence him just for this non-death penalty case. He also argued that he never truly agreed to his earlier convictions being used against him before. Stratmoen claimed that testimony from police officers during his trial was unfair and that the way the prosecutor spoke about parole led to a wrong verdict. Lastly, he felt that a life sentence for having drugs was too harsh for his situation. After looking at everything, the court thought that Stratmoen's sentence for possessing a weapon should be reduced to two years since it couldn’t be increased further. They agreed that the trial court was right in letting a jury examine whether he had prior convictions but pointed out that they had to correct some details about his life sentence, making sure it indicated he could be eligible for parole. In conclusion, while his life sentence was upheld, it was important to ensure that the legal documents accurately reflected the possibility of parole, providing him with a fair opportunity for the future.

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F-2002-899

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In OCCA case No. F-2002-899, Edward John VanWoundenberg appealed his conviction for Driving While Under the Influence (DUI) after having two or more previous convictions. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. VanWoundenberg was found guilty of DUI in a trial where a jury sentenced him to twenty years in prison. He raised several arguments in his appeal. He argued there were mistakes in the jury instructions, his sentence should be changed, a clerical error needed to be fixed, and that the combined effect of all the mistakes denied him a fair trial. The court reviewed all the information from the trial. It decided that VanWoundenberg’s case did not need to be reversed or changed, but there was a clerical mistake in the court documents that had to be corrected. The court found that the evidence did not support giving the jury instructions about lesser charges, and so the trial court acted correctly by not providing those instructions. VanWoundenberg also argued that his felony DUI sentence should not have been increased under a general law since it had already been raised under a specific DUI law due to his previous offenses. The court explained that it was legal to enhance (or increase) his sentence using a general law because he had many previous different felony convictions within the required time. The court pointed out that one of VanWoundenberg's arguments was mistaken; the rules allowed for both the specific and general laws to apply in his case. Finally, the court amended the total costs listed in the original court documents to a lesser amount due to a fee that should not have been included. In the end, the court confirmed VanWoundenberg's conviction and corrected the clerical error, but found no other issues that needed to change the outcome of the case.

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C-2003-298

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In OCCA case No. C-2003-298, Edward Charles Scott appealed his conviction for Distribution of Controlled Dangerous Substance and Conspiracy to Distribute Controlled Dangerous Substance. In a published decision, the court decided to affirm the denial of the motion to withdraw guilty pleas and remand the case for resentencing. One member of the court dissented. Edward Charles Scott was charged with two counts of distributing drugs and one count of conspiring to distribute drugs in Stephens County. On November 19, 2001, he pleaded guilty to all charges and was sentenced to 40 years in prison for each count, with the sentences running at the same time, and he was also fined $2,500 for each count. Scott later filed a Motion to Withdraw the Plea, claiming that his lawyer did not help him properly. He had a hearing on this motion, but the court refused his request. Scott also filed other motions seeking to remove his guilty pleas and sought help for an appeal later on. The court allowed him an appeal out of time after concluding that his lawyer had not filed the appeal correctly. Scott raised several points in his appeal. He argued that the trial court should have given him a new lawyer when he claimed his lawyer wasn’t doing a good job. He also believed he should be allowed to take back his guilty pleas because he didn’t understand everything. He felt his prison sentence was too long and suggested the trial court did not check if he was really able to understand what he was pleading guilty to. Lastly, he argued that there was not enough proof that he was guilty of conspiracy. After reviewing everything, the court decided Scott did not show that his lawyer had a real conflict of interest. There was no evidence that Scott did not understand what he was doing when he pleaded guilty, as he admitted his guilt during the processes. The court noted that being unhappy with the length of his sentence was not a valid reason to withdraw a guilty plea. The court found some mixed statements about whether Scott was sentenced as a repeat offender or a first-time offender. These inconsistencies meant the case needed to go back to the lower court for a new sentencing. While the court thought the original inquiry into Scott’s mental competence could have been better, the records showed he was capable of understanding his charges and the guilty pleas he entered. The court also confirmed that there was a sufficient factual basis for the conspiracy plea. In the end, the court agreed with some points but decided Scott's case needed to return for resentencing due to the unclear basis for his sentence, even as they upheld the rejection of his motion to withdraw his guilty pleas.

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F-2001-1048

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In OCCA case No. F-2001-1048, Wendy Leann Underwood appealed her conviction for Possession of Methamphetamine, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Here’s a simple summary of the case: Wendy Leann Underwood was found guilty by a jury for having methamphetamine after she had committed other crimes before. The jury decided she should go to prison for 40 years. However, Wendy thought there were problems with how her case was handled, so she asked a higher court to review it. Wendy raised several points for why she believed her conviction and sentence should be changed: 1. She argued that the police search which found the drugs was not done properly, so the drugs should not have been used against her in court. She also said her lawyer did not fight this issue well enough. 2. She thought the trial did not properly explain to the jury that a person who testified against her was an accomplice and that there should have been supporting evidence for what that person said. 3. Wendy pointed out that many of her past criminal cases were actually part of the same situation, so they should not count as multiple offenses. 4. She believed her punishment should have been based on specific drug laws instead of general laws for repeat offenders. 5. Wendy thought she should get a lighter sentence because of new laws that help non-violent offenders. After looking carefully at everything, the court found that the police search was legal and that Wendy's lawyer did not make a mistake by not challenging it. They also decided that the person who testified against Wendy was not someone who required additional proof, so that was fine too. However, the court agreed that too many of Wendy's past convictions were counted, since many of them happened during the same event. Therefore, they decided to change her sentence from 40 years to 30 years. They felt that was fair based on the laws. Regarding the other issues raised by Wendy, the court determined that the punishment was appropriately based on the laws and that the new laws did not apply to her case. Thus, they kept her conviction but made her time in prison shorter. In conclusion, her conviction stood, but her time in prison was reduced to 30 years, with one judge thinking it should be even less.

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F-2001-1061

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In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.

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F-2001-1170

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In OCCA case No. F-2001-1170, Willie West King, Jr. appealed his conviction for Lewd Molestation of a Child Under Sixteen Years Old. In an unpublished decision, the court decided to affirm the conviction for Count I but reversed the conviction for Count II with instructions to dismiss. One judge dissented regarding the length of the sentence for Count I, suggesting it should be modified to 20 years. Willie West King, Jr. was found guilty by a jury of two counts of lewd molestation after a trial in Texas County. The jury gave a punishment of 65 years for each count, and these sentences were to be served one after the other. King appealed this decision, arguing several points. First, he claimed that the jury instruction on the crime had a serious mistake because it left out an important part that should have been included. However, the court found that even though this was a mistake, it didn’t change the outcome of the trial because other parts of the instructions were clear. Second, King argued that there wasn’t enough evidence to support the second count against him. The court agreed, saying that the evidence really showed an attempt rather than a completed act of lewdness. Therefore, they reversed that part of the conviction and said it should be dismissed. Third, King felt that the court should have told the jury they needed to have another witness to back up the victim's claim. The court disagreed, stating that the victim’s testimony was believable, and did not need another person to support it. Fourth, King thought that the jury should have been informed he would have to serve 85% of his sentence before being eligible for parole. The court found that this wasn’t necessary in this case because the law didn’t require it. They also decided that the prosecutor’s comments during the trial didn’t unfairly influence the jury’s decision. Fifth, King raised a concern about evidence from Texas being allowed in without proper proof. However, the court found that the evidence was correctly shown as valid. Lastly, King argued that all the mistakes in his trial together made it unfair for him. The court concluded that while there were some errors, they were not serious enough to have denied him a fair trial. In summary, the court upheld King’s conviction on Count I but found that Count II was not supported by enough evidence, so it was reversed and dismissed. One judge disagreed with the long sentence for Count I, believing it was too harsh and should be lowered to 20 years instead of 65 years.

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F 2000-1543

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In OCCA case No. F 2000-1543, James Rickey Ezell, III appealed his conviction for Trafficking in Illegal Drugs, Resisting an Officer, and Public Drunk. In an unpublished decision, the court decided to affirm the conviction for Resisting an Officer and Public Drunk but modified the sentence for Trafficking in Illegal Drugs from seventy years to forty years imprisonment. One judge dissented. Ezell was convicted after a jury trial where he faced three charges. The jury decided on tough punishments, including a long 70-year sentence for the drug charge. Ezell argued that his arrest was illegal and that various legal mistakes were made during the trial, including issues with how the jury was selected and his lawyer's performance. The court reviewed these points carefully. They found that Ezell's arrest was legal and that the jury selection did not violate his rights. The law under which he was charged for drug trafficking was also upheld as valid. However, the court agreed that his defense lawyer didn't do enough to investigate previous convictions that were used against Ezell during sentencing. Because of this lack of investigation, the court reduced his long sentence for drug trafficking but kept the other convictions intact. In the end, Ezell's hard punishment for drug trafficking was changed, but he still faced serious time for his actions.

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F-2000-880

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In OCCA case No. F-2000-880, the appellant appealed his conviction for possession of marijuana. In an unpublished decision, the court decided to modify the appellant's sentence from ten years to seven years imprisonment. One judge dissented, stating that the error did not amount to plain error and that he would not modify the sentence.

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F 2000-292

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In OCCA case No. F 2000-292, Joe Stratmoen appealed his conviction for Unlawful Possession of a Controlled Dangerous Drug (Methamphetamine) and Possession of a Weapon While Committing a Felony. In an unpublished decision, the court decided to affirm his conviction but modified the sentence for the weapon charge. One judge dissented regarding the modification of the sentence. Stratmoen was found guilty of having methamphetamine and a weapon during a felony. At his trial, he was sentenced to 30 years for the drug charge and 20 years for the weapon charge. He raised three main issues on appeal. First, he argued that the court did not correctly explain the state’s need to prove his past convictions. Second, he claimed the jury was misinformed about the punishment ranges for the second charge. Third, he said the jury was not correctly told about the punishments for the drug offense. The court looked carefully at all the evidence and arguments presented. They decided that the way the jury was instructed about the drug charges was correct. However, they agreed that the sentence for the weapon charge should be less severe based on their interpretations of the law, setting it to the minimum of two years instead of the original twenty. One judge disagreed with the decision to lessen the sentence for the weapon charge, feeling that the jury’s sentence should be upheld. The final conclusion was that while the main conviction was upheld, the penalty for possession of a weapon was reduced.

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F-1999-1615

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In OCCA case No. F-99-1615, Jackie Lavern Nuckols appealed his conviction for Manufacturing or Attempting to Manufacture Methamphetamine. In an unpublished decision, the court decided to reverse his conviction and send the case back for a new trial. One member of the court dissented. Nuckols was found guilty by a jury, and he was sentenced to twenty years in prison along with a $100,000 fine. He appealed his conviction, raising several issues. First, he argued that old convictions were unfairly used against him, which should not have been allowed. The court agreed that this was not right since the old convictions could have influenced the jury too much. However, they also said that this alone didn’t change the outcome of the trial. Second, there was a problem with evidence about another crime that was brought up during the trial. The court found that this evidence was not appropriate but decided that it didn't have a big impact on the jury’s decision. Third, Nuckols thought that his fine was too high and should be changed, but the court did not agree with this point. Fourth, he claimed that he didn't have enough help from his lawyer when he needed it. The court said that even though his lawyer might not have done everything perfectly, it didn’t hurt Nuckols' chance for a fair trial. His lawyer had a chance to represent him in other important parts of the trial. Lastly, Nuckols felt that when all of these issues were looked at together, they took away his right to a fair trial. The court acknowledged that some mistakes were made, especially about the old convictions and the mention of another crime, and they concluded that these combined errors were serious enough to justify a new trial. All in all, the court decided to reverse Nuckols’ conviction and said he should have a new trial to properly address these issues.

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