Range of Punishment

F-2018-12

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In OCCA case No. F-2018-12, the appellant appealed his conviction for first-degree rape by instrumentation and misdemeanor assault and battery. In a published decision, the court decided to affirm his conviction and sentence of life imprisonment for the rape conviction. One judge dissented. The case involved Daniel Bryan Kelley, who was initially sentenced to twenty years for rape following a jury trial. He appealed that decision, and the Court agreed that there had been a mistake involving the use of a past out-of-state conviction for sentence enhancement. They sent the case back for a new sentencing trial. The second trial resulted in a life sentence. Kelley argued that he had ineffective assistance from his appellate lawyer because he was not informed about the risks of a longer sentence should he win the appeal. However, the court found no clear evidence that he would have chosen to do anything differently had he been fully informed beforehand. Kelley also wanted the court to limit his new sentence to twenty years, but the court explained that upon retrial or resentencing, the complete range of punishment is available. Therefore, they refused his request to cap the current sentence. Finally, Kelley claimed that the life sentence was excessive. The court considered the nature of his crime and his history, stating that the sentence was within the legal limit and justified based on the circumstances of the case. As a result, the court concluded that his life sentence did not shock the conscience and upheld the previous decisions regarding his case.

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F-2018-418

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In OCCA case No. F-2018-418, Ebrima Tamba appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm the Judgment and Sentence of the district court. One judge dissented. Ebrima Tamba was sentenced to twenty years in prison for his involvement in trafficking illegal drugs, specifically marijuana. Tamba felt that this sentence was too harsh. He argued that it was unfair because it was longer than the minimum penalty for the crime and that he had less marijuana than what the law required for a more serious charge. He also mentioned that since his arrest, the laws in Oklahoma changed, allowing people with a medical marijuana license to use marijuana legally. However, the court explained that even if laws changed after Tamba's crime, the new laws did not apply to his case. They noted that he was given a sentence that followed the laws in place when he committed the crime, and his sentence was within the legal limits. Tamba also claimed that his lawyer did not help him properly during the trial. He believed his attorney should have challenged how police stopped him and questioned whether the evidence used against him was acceptable. However, the court found that Tamba did not prove that his lawyer's actions negatively affected the outcome of his trial. In conclusion, the court decided that Tamba's twenty-year sentence was appropriate and that his lawyer provided adequate help during his trial. Therefore, his appeal did not lead to any changes in his case.

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C 2014-693

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In OCCA case No. C 2014-693, a person appealed his conviction for child neglect. In an unpublished decision, the court decided to allow him to withdraw his no contest plea due to receiving bad advice from his attorney, which made his plea not knowing and voluntary. One judge dissented.

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C-2014-139

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In OCCA case No. C-2014-139, Clifford Eugene Teel appealed his conviction for lewd molestation, forcible sodomy, and indecent exposure. In an unpublished decision, the court decided to grant his request to withdraw his guilty pleas and allowed him to enter new pleas for the charges. The dissenting opinion was not specified. Teel had entered a plea of nolo contendere, which means he did not admit guilt but accepted the punishment. The judge sentenced him to a total of twenty years for some charges and ten years for another, all to be served together. Later, Teel wanted to change his plea because he believed he had been given wrong information about the length of his possible prison time. He thought he could get life in prison, but it turned out that the maximum punishment for his charges was actually much less. Teel's claims were that he did not get proper advice from his lawyer and that the judge did not explain the correct punishments before he accepted the plea. During a review, it was found that the trial court had indeed not informed him right about the maximum punishments he faced. The Attorney General even admitted there was a mistake in how Teel was advised. The court decided that since Teel's plea was not made knowingly and voluntarily due to the wrong advice, he should be allowed to withdraw his guilty plea and enter new ones concerning his charges. The original judgment and sentence from the District Court were reversed, and the case was sent back for further actions.

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F-2012-633

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In OCCA case No. F-2012-633, Dre Edward Barham appealed his conviction for Lewd Molestation (Count 2) and Forcible Sodomy (Count 3). In an unpublished decision, the court decided to reverse Barham's conviction for Lewd Molestation, dismissing that charge, but affirmed the conviction for Forcible Sodomy and modified the sentence. One judge dissented. Barham was found guilty by a jury in Nowata County of committing two serious crimes. The jury gave him five years in prison and a fine for Lewd Molestation and twelve years in prison and a fine for Forcible Sodomy. The judge made these sentences consecutive, meaning he must serve them one after the other. Barham appealed, raising several concerns. He first argued that being convicted of both crimes was unfair and against the rules. He said it was like being punished twice for the same thing, which the law does not allow. The court agreed with him on this point and decided to cancel the Lewd Molestation conviction. Next, Barham mentioned that there was not enough proof to say he was guilty of Lewd Molestation, but because that charge was overturned, this argument was no longer needed. He also claimed that evidence from other incidents was unfairly allowed during his trial, but the court found that it was relevant and did not harm his chance for a fair trial. Barham argued that the jury was misled about the penalties they could provide, especially regarding fines, which the court confirmed. They invalidated the fine connected to the Forcible Sodomy conviction because the law did not require it. Barham also believed the prosecutor acted wrongly during the trial, however, the court concluded that he received a fair trial overall and that the prosecutor did not misuse their position. Finally, while Barham's sentence for Forcible Sodomy was modified due to the earlier points discussed, the court stated that the twelve-year sentence was not excessive or shocking. The claims of many errors leading to an unfair trial were mostly found to be untrue, except for the overlapping charges. To summarize, the court confirmed the Forcible Sodomy conviction but reversed the charge of Lewd Molestation, stating that it was not right to convict him of both. Barham's time in prison will be adjusted based on this decision, and the fines linked to those charges will not apply to the overturned conviction.

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F-2009-563

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In OCCA case No. F-2009-563, Hall appealed his conviction for trafficking in illegal drugs. In an unpublished decision, the court decided to affirm his conviction and sentence but modified the amount of his fine. One judge dissented. Hall was found guilty by a jury and sentenced to thirty years in prison and a $25,000 fine. He raised three main points in his appeal. First, he argued that the trial court made a mistake when trying to explain reasonable doubt to the jury. The court found no error here since the trial did not misdefine the term. Second, Hall felt that the jury was given the wrong information about the possible punishment range. However, the court confirmed the instructions were correct but agreed that the fine was set improperly. They ended up reducing Hall's fine to $10,000 because the jury had been given the wrong information about the fine amounts. Lastly, Hall's appeal included a claim that he should have been allowed to argue for a lesser charge related to drug possession, but the court ruled there wasn't enough evidence for this. In summary, the court upheld Hall's conviction and prison sentence, but they lowered the fine he had to pay.

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F-2008-1066

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In OCCA case No. F-2008-1066, Rodney Dennis Evans appealed his conviction for robbery in the first degree. In a published decision, the court decided to modify his sentence from thirteen years to eight years imprisonment. One judge dissented.

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C 2008-1183

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In OCCA case No. C 2008-1183, Kory Williams appealed his conviction for multiple crimes, including shooting with intent to kill and possession of a firearm. In a published decision, the court decided that his plea was not made knowingly and voluntarily, leading to the granting of his petition for certiorari. The judgment and sentence were vacated and the case was sent back for further proceedings. One member dissented.

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F-2007-1253

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In OCCA case No. F-2007-1253, L. V. Drennon, III, appealed his conviction for distribution of a controlled dangerous substance (CDS) within 2000 feet of a school and conspiracy to commit a felony. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Drennon was found guilty of having marijuana and methamphetamine with the intention to distribute, as well as taking part in a conspiracy to distribute these drugs. He was sentenced to 40 years for each of these charges, which would be served at the same time. Drennon argued that he did not receive good help from his lawyer and that his punishment was too harsh. The court looked carefully at Drennon's claims and the evidence surrounding the case, including courtroom records and transcripts. They found that Drennon's lawyer had provided him with reasonable help. Regarding the punishment, the court discovered that the jury had been given wrong information about the length of the possible sentences for the crimes. They had been wrongly told that Drennon faced a longer-term sentence than what was actually correct. The correct rules allow for a shorter minimum sentence of 6 years for possession with intent to distribute and a minimum of 4 years for conspiracy after previous felony convictions. Because of this mistake, the court decided that the jury's punishment was too extreme. As a result, they changed Drennon's sentences to 20 years for each charge, to be served at the same time. In summary, the court agreed with the conviction but changed the length of Drennon’s sentence due to the mistakes made about punishment options.

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F-2007-690

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In OCCA case No. F-2007-690, Eduardo Rivera Fajardo appealed his conviction for trafficking in illegal drugs, failure to obtain a drug tax stamp, and possession of paraphernalia. In an unpublished decision, the court decided to affirm the conviction on the latter two counts and to modify the sentence for the drug trafficking conviction. One member of the court dissented. Fajardo was found guilty of trafficking in cocaine and marijuana, failing to obtain a tax stamp for these drugs, and possessing drug paraphernalia. He was sentenced to a total of 44 years in prison and hefty fines. The appeal raised several issues including whether there was enough evidence for the convictions and whether the arguments made by the prosecutor were improper. The court ruled that the evidence presented at trial was sufficient to find Fajardo guilty. However, the court noted that the prosecutor had exceeded appropriate arguments during the trial. Still, they determined that this did not deprive Fajardo of a fair trial since the evidence against him was strong. However, the court recognized that the way the punishment was presented to the jury was confusing and that it could have affected the sentence given to Fajardo for drug trafficking. As such, they decided to modify Fajardo’s sentence for that conviction from 44 years to 25 years in prison along with a reduced fine. Ultimately, the court affirmed the conviction on the drug tax stamp and possession charges but modified the prison sentence for drug trafficking, ensuring that any errors in the trial process were addressed.

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C-2005-311

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In OCCA case No. C-2005-311, Emily Burns appealed her conviction for robbery with a firearm and false declaration of ownership in pawn. In an unpublished decision, the court decided to grant her appeal and modify her sentence. One judge dissented. Emily Burns pleaded guilty to robbery with a firearm and false declaration of ownership in pawn. A judge sentenced her to 25 years in prison for robbery and five years for the other charge, with both sentences running at the same time. Burns later asked to withdraw her guilty plea, arguing her long sentence was unfair. The court looked at how the sentence was decided. They said when someone pleads guilty, the judge must consider all possible punishments. Burns claimed the judge had a policy of giving at least 25 years for armed robbery without looking at her specific case. This concerned the appellate court because it seemed the judge might not have thought about all the facts before sentencing. Burns used a fake gun during the robbery, and no one was really hurt. The court believed that sentencing her to 25 years for using a fake gun in a non-violent way was extreme given her background as a young mother with no prior criminal record. The appellate court decided to change Burns's punishment, reducing her sentence to 10 years in prison because the original sentence was too harsh. They affirmed her convictions but modified the length of her sentence. Burns also argued that she was denied a chance to have her sentence reviewed after a year, which is a right she has by law. However, the court said she was not denied this right because the judge just needed her to file a motion if she wanted a review. In the end, the court granted her request to modify her sentence and reaffirmed her convictions, while one judge believed that the original sentence should stand.

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F-2004-939

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In OCCA case No. F-2004-939, the appellant appealed his conviction for manufacturing methamphetamine and possession of methamphetamine with intent to distribute. In an unpublished decision, the court decided to modify the sentences for both convictions to seven years each, affirming the judgment in other respects. One judge dissented.

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F-2004-643

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In OCCA case No. F-2004-643, Earnest Alphonzo Lee appealed his conviction for Attempted First Degree Burglary. In an unpublished decision, the court decided to affirm the judgment but modify the sentence to fifteen years. One judge dissented. Earnest Alphonzo Lee was found guilty by a jury of Attempted First Degree Burglary. The jury believed he deserved to go to prison for twenty years, and the trial court agreed with their decision. Earnest felt this was unfair, so he appealed his case. In his appeal, Earnest raised several issues he thought were wrong during his trial. The first issue was about something called an “evidentiary harpoon.” This means that he thought the arresting officer made a comment that brought up Earnest’s right to stay silent after he was arrested. The court looked closely at this and decided it was not a big deal because there was a lot of strong evidence proving he was guilty, which made the officer’s comment not harmful. The second issue was about a juror named Barker that Earnest wanted removed from the jury, but the judge did not agree. The court said this did not cause any problems since Earnest’s lawyer could have removed the juror another way. For the third issue, Earnest believed that the judge did not explain the punishment ranges to the jury correctly. The court agreed and said the law was not followed properly when the jury decided on the punishment. So, they changed Earnest’s sentence to fifteen years. The fourth issue claimed the prosecutor did something wrong during the trial, but the court found that this did not affect the outcome of the trial since there was still a lot of strong evidence against Earnest. In the fifth issue, the court believed there was enough evidence for the jury to find Earnest guilty beyond a reasonable doubt. Finally, the sixth issue was about whether all the errors together were so bad that Earnest did not get a fair trial. The court decided that the problems were not serious enough to change the outcome of the trial. Overall, the court agreed that the trial had some mistakes but decided that the most important issue was the incorrect instructions about the punishment. They changed Earnest’s sentence to 15 years but said the rest of the trial was fair.

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C-2003-1334

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In OCCA case No. C-2003-1334, Rodney Taylor Glenn appealed his conviction for various crimes. In a published decision, the court decided to allow Glenn to withdraw his plea for some charges but affirmed his conviction for others. One judge dissented. Rodney Taylor Glenn was charged with several crimes in Washington County. He made a deal with the State where some charges were dropped in exchange for him accepting a plea of nolo contendere, which means he didn't admit guilt but accepted the punishment. The judge sentenced him to a total of 35 years for some crimes and 20 years for others, with some sentences running consecutively and others concurrently. Glenn later wanted to change his plea, saying he wasn't fully advised of the possible punishments for his actions. He claimed that the court didn't check whether he was mentally fit to plead, and that he received wrong information about the sentencing ranges for some of his charges. He argued that he should be allowed to withdraw his plea since there was no solid factual basis for one of the charges—assault and battery with a deadly weapon. The court looked at Glenn's arguments carefully. They agreed that the trial court had checked enough to see that Glenn was able to plead. However, they found that they could not support the charge of assault and battery with a deadly weapon based on the facts presented. The court also agreed that Glenn had been given wrong information about the possible punishments for his actions. Because of these issues, the court ruled that Glenn could withdraw his plea for the assault and battery with a deadly weapon and a charge related to a firearm, but they upheld the convictions for the other charges. The final decision meant Glenn was allowed to change his plea for some charges, but the original convictions on others were kept. One judge did not agree with the decision to let Glenn withdraw his plea, arguing that Glenn had made a bargain and should not benefit from mistakes made during the process. This dissent highlighted the complexity of plea agreements and the expectation that all parties would honor the deal made.

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C-2003-1334

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In OCCA case No. C-2003-1334, the petitioner appealed his conviction for multiple crimes, including unlawful possession of a controlled substance, possession of a firearm, and assault and battery with a deadly weapon. In an unpublished decision, the court decided to grant the petition for a writ of certiorari in part and deny it in part. One judge dissented. Rodney Taylor Glenn faced charges in three different cases in the District Court of Washington County. He made a plea agreement, which led to some charges being dropped in return for him waiving a preliminary hearing and pleading no contest. The judge accepted his plea and sentenced him to several years in prison for each of his charges. Later, Glenn wanted to withdraw his plea because he believed there were issues with how it was handled. He argued that the court did not check if he was mentally capable of understanding his plea, that there was not enough evidence for some of the charges, and that he was misinformed about the possible punishments. Glenn also claimed that he did not get the benefit of his agreement and that he did not have effective help from his lawyer. The court reviewed Glenn's arguments. It concluded that Glenn was competent to enter his plea and that there was enough evidence for most of the charges. However, the court agreed that there was not sufficient evidence to support one of the assault charges, which meant Glenn could withdraw his plea for that specific charge. Additionally, Glenn was correctly advised about some of the punishments but misinformed about others, which led to the decision to let him withdraw his plea on those counts as well. The court ultimately decided to keep some of the sentences but allowed Glenn to withdraw his plea for the assault charges and the possession of a firearm while committing a felony based on the errors found. In conclusion, the judgment and sentence were affirmed in part and reversed in part. Thus, Glenn was allowed to change his plea on certain counts, while other parts of his case remained unchanged.

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F 2002-1540

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In OCCA case No. F 2002-1540, Steven Edward Noble appealed his conviction for aggravated manufacturing of methamphetamine, possession of a precursor substance, and possession of a firearm while committing a felony. In an unpublished decision, the court decided to reverse and modify his conviction for aggravated manufacturing to manufacturing less than fifty grams of methamphetamine, reducing the sentence to twenty-five years and a $50,000 fine. The sentence for possession of a firearm was modified to twenty years. However, the conviction for possession of a precursor substance was affirmed.

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F-2002-613

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In OCCA case No. F-2002-613, Muhajir A. Sango appealed his conviction for Unlawful Possession of a Controlled Dangerous Substance with Intent to Distribute, after Former Conviction of Two or More Drug Felonies. In an unpublished decision, the court decided to affirm the conviction but reversed the sentence and remanded the case for resentencing. One member of the court dissented. Sango was found guilty by a jury and sentenced to thirty years in prison and a fine of $10,000. He raised several arguments on appeal. He claimed that evidence showing his gang affiliation was irrelevant and unfairly influenced the jury. He also argued that his lawyer did not properly object to this evidence, which made his legal representation ineffective. Lastly, he believed the jury was given incorrect information about his possible sentence. Upon reviewing the case, the court agreed that there was an error in the jury instructions concerning the punishment range for habitual drug offenders. The court concluded that the jury was mistakenly told that the minimum sentence was twenty years instead of the correct ten years. Despite agreeing with some of Sango's concerns, the court found that the introduction of gang-related evidence did not significantly impact the jury's decision, and the arguments about ineffective assistance did not hold up. As a result, his conviction was upheld, but the court mandated that the sentencing should be redone to correct the earlier mistake.

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F 2002-869

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In OCCA case No. F 2002-869, Bennie Jay Edwards, Jr., appealed his conviction for Concealing Stolen Property and Breaking and Entering. In an unpublished decision, the court decided to affirm the convictions but modified the sentence for Concealing Stolen Property to ten years imprisonment. One member of the court dissented. Bennie Jay Edwards, Jr. was found guilty in a trial that took place in May 2002. The jury decided he should go to prison for 30 years for the first crime, which was concealing stolen property, and one year for the second crime, which was breaking and entering. These sentences were set to happen at the same time, meaning he would serve the longest one. After the trial, Edwards appealed, saying that there were mistakes during the trial and that he did not get a fair chance to defend himself. His lawyers said the jury was told the wrong information about how long he could be sentenced for his crime of concealing stolen property. The proper punishment should have been four years to life in prison, but the jury was told it could be no less than 20 years. After looking into the issues raised by Edwards, the court decided that he did not lose his chance for a fair trial because of the mistakes that were made about the instructions. However, they agreed that the jury was given the wrong information about the punishment for his first conviction. Because of this error, the court changed the sentence for his first conviction from 30 years to 10 years. The second conviction remained the same. The court explained that even though there were some mistakes, they did not think those mistakes were serious enough to change the conviction itself, just the sentence. In the end, the court found Edwards guilty but reduced his punishment for one of the crimes due to the trial mistakes related to jury instructions.

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F-2002-1509

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In OCCA case No. F-2002-1509, Dontrell Maurice Baird appealed his conviction for trafficking in illegal drugs, possession of controlled dangerous substances, and possession of CDS without a tax stamp, as well as unlawful possession of drug paraphernalia. In an unpublished decision, the court decided to affirm the convictions but required resentencing on the trafficking and possession charges, while upholding the sentence for the possession of drug paraphernalia. One judge dissented. Baird was convicted in the District Court of Payne County on multiple drug-related charges. The jury sentenced him to a total of 82 years in prison across four counts, with some sentences running concurrently and others consecutively. However, Baird appealed on several grounds, claiming that his right to due process was violated due to incorrect jury instructions on punishment, that evidence for some charges wasn't sufficient, and that his sentences were excessive. The court found that errors in the jury instructions affected the punishment range for three of the counts. Both Baird and the State agreed that the jury was not properly informed about the range of penalties for trafficking in cocaine base, possession of marijuana, and possession of CDS without a tax stamp. Baird's prior convictions complicated the appropriate classification of his current offenses, leading to confusion that the jury was not guided through properly. The court established that it would have been correct for the jury to be told about the proper punishment ranges, based on Baird's prior crimes. Given these mistakes in the instructions, the court decided to send the case back for resentencing on those counts without requiring a new trial. Despite Baird's claims that he was deprived of effective legal counsel, the court ruled that the issues raised concerning the jury instructions were enough to grant leniency in this case. The other claims, focusing on the sufficiency of evidence and whether the cumulative errors affected the trial's fairness, were found not to necessitate any further relief. Thus, the court upheld Baird's convictions but needed to correct the sentencing errors related to trafficking and possession charges, while confirming the sentence for unlawful possession of drug paraphernalia as appropriate.

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C-2002-633

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In OCCA case No. C-2002-633, Russell Snoe appealed his conviction for lewd and indecent proposal to a child and contributing to the delinquency of a minor. In an unpublished decision, the court decided to grant Snoe's petition for a writ of certiorari and reverse the judgment and sentence of the trial court. One judge dissented. Snoe had entered a guilty plea in the District Court of Muskogee County, where he was sentenced to five years for one charge and one year for the other, with the sentences to be served at the same time if he completed a certain program. Later, Snoe wanted to take back his guilty plea and sent a letter to the court. The court held a hearing but did not allow him to withdraw his plea. Snoe argued that he did not have a fair chance because his lawyer did not help him correctly and that he was not given the right information about what the punishment could be. The court reviewed Snoe's case and agreed that he had not been clearly informed about his potential punishment. This mistake made his plea not valid. Since he had taken the plea thinking he faced a worse punishment than he actually could have, the court decided he needed another chance. As a result, the court reversed his earlier decision and allowed him to withdraw his plea.

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F-2002-106

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In OCCA case No. F-2002-106, Christian Satterfield appealed his conviction for Attempted Manufacture of a Controlled Dangerous Substance (Count I), Possession of a Precursor (Count II), and Possession of a Firearm While Committing a Felony (Count III). In an unpublished decision, the court decided to affirm Counts I and III and reverse Count II with instructions to dismiss. One judge dissented. Satterfield was found guilty of attempting to make a dangerous drug and also having items that could be used to make that drug. During the trial, Satterfield's jury said he should be in prison for a total of forty-two years. The court also decided he should pay a big fine. Satterfield's lawyers argued that he shouldn’t be punished for both attempting to make a drug and having items to help make that drug because it was unfair to be punished twice for similar actions. The court agreed and decided that the conviction for having those items should be reversed. They also looked at whether some rules were followed in Satterfield's trial. They decided that even though the lawyers from the Oklahoma Bureau of Narcotics had a big role in the case, it didn’t mean Satterfield didn’t get a fair trial. They said the jury had the right instructions about punishments, despite the defense’s claims. The court found evidence used in the trial was okay and supported Satterfield's conviction for using a gun while committing a felony. In the end, Satterfield's sentences for the first and last counts of his conviction were kept, but they reversed the second count, which meant the charges for possession of a precursor were dropped. The judges all agreed on most parts of the decision, but one judge felt that the way the jury was told about the punishment wasn’t right and thought Satterfield should have received a shorter sentence based on newer laws.

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F-2001-655

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In OCCA case No. F-2001-655, Robert Leroy Martin appealed his conviction for First Degree Rape, Robbery with a Dangerous Weapon, and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction but modify the sentences to run concurrently instead of consecutively. One judge dissented. Robert Leroy Martin was found guilty of serious crimes by a jury. The judge gave him life imprisonment for rape, fifty years for robbery, and twenty years for burglary, and said he had to serve these sentences one after the other. Martin then appealed this decision. During the appeal, the court looked closely at the case and the arguments made. They considered several points raised by Martin. The first point was about the instructions the jury received during the trial about burglary. The court found this was not a mistake that affected the trial unfairly because Martin’s explanation was different from that of another case. The second point Martin made was about the jurors not getting complete information on the punishments they could choose for each crime. However, the court said Martin did not object during the trial, so he couldn’t claim this as an error now. The third and final point discussed was whether the sentences were too harsh. The court agreed that the long sentences felt excessive for the circumstances of the case. In the end, the court said Martin would still be found guilty but changed the way the sentences would be served from one after the other to at the same time. One judge disagreed with changing the sentences, believing the original decision by the trial judge should stand.

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F-2001-352

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In OCCA case No. F-2001-352, Virgil Clayton Rose appealed his conviction for several crimes, including the manufacture and possession of methamphetamine, possession of a precursor substance, possession of a firearm while committing a felony, and concealing stolen property. In a published decision, the court found that some of these convictions violated rules against being punished twice for the same crime. The court agreed with the appeal and reversed the convictions for possession of methamphetamine and the precursor substance. The court modified the sentence for possession of a firearm while committing a felony to five years. One judge disagreed with the decision on certain points but agreed with the overall outcome.

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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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C-2000-1344

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In OCCA case No. C-00-1344, Betts appealed his conviction for multiple offenses including Driving Under the Influence of Drugs and Assault on a Police Officer. In a published decision, the court decided to grant his petition for relief regarding some of the convictions due to a lack of adequate factual support for those charges. One judge dissented. Betts had pleaded guilty to several charges in a lower court, but later claimed he did not understand all the details of the offenses or the punishments he could receive. He filed a motion to withdraw his plea, which was denied by the district court. The case was then brought to the Oklahoma Court of Criminal Appeals. The court looked at the reasons Betts provided for wanting to withdraw his plea. One of the main issues was that there was not enough factual evidence to support certain charges against him. For instance, when Betts admitted some wrongdoing, he did not talk about other specific charges like the drug possession or tampering with a vehicle. The court found that because of this, Betts did not really enter his plea to those counts in a fair way. While the court affirmed one of his convictions related to Assault and Battery on a Police Officer, they reversed other convictions regarding Driving Under the Influence of Drugs and related charges. The court also mentioned that there were problems with how restitution was handled, which means determining if and how much money Betts should pay for what he did. Overall, the court sent the case back to the district court to ensure that the restitution issues were corrected and to check if the earlier order of restitution was appropriate for the right case. The court set a timeframe for the district court to work on these issues. In summary, the court found that Betts was not properly informed or supported for several of the charges against him, leading them to reverse some of his convictions while affirming one, and they ordered further hearings on the restitution matter.

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