Record

F-2018-309

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In OCCA case No. F-2018-309, Adrian Escajeda appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Adrian Escajeda was found guilty of first-degree murder by a jury and sentenced to life in prison. He was also convicted earlier of two drug possession charges, but those were not part of his appeal. During his trial, Escajeda claimed there were several errors that negatively impacted his case. First, he argued that it was wrong to have both his murder case and a separate child neglect case tried together in front of the same jury. He believed this made it hard for the jury to be fair. However, the court found that he didn't show how this joined trial actually harmed him because the jury had acquitted him of the child neglect charge. Additionally, the evidence against him for murder was very strong and unrelated to the child neglect, making the combined trial harmless. Escajeda also said his lawyer did not do a good job by not objecting to the charges being joined for trial. However, the court decided that his lawyer's performance wasn’t ineffective because there wasn’t any real prejudice; the outcome was not affected. The next point Escajeda raised was about some statements made during the trial. He believed hearsay was wrongly admitted, which violated his right to confront witnesses. The court looked into this and concluded that the statements in question were not hearsay, as they were used to explain the detective's investigation and did not assert the truth of those statements. Finally, Escajeda claimed that the prosecutor made unfair comments during the trial that made it hard for the jury to be impartial. The court examined these comments and found they were reasonable and based on the evidence presented. Since the comments did not create an unfair trial, the court dismissed this argument as well. In conclusion, the court reviewed all of Escajeda’s claims and found none of them warranted a change to his conviction or sentence. As a result, his conviction for first-degree murder remained in place, and he will serve the majority of his sentence in prison.

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C-2014-79

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In OCCA case No. C-2014-79, Walker appealed her conviction for Assault and Battery on a Police Officer, Resisting an Officer, and Trespassing. In an unpublished decision, the court decided to dismiss Walker's appeal because her application to withdraw her guilty plea was not properly heard by the trial court. One judge dissented, arguing that a hearing had indeed taken place.

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J-2010-839

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In OCCA case No. J-2010-839, M.D.M. appealed his conviction for Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the trial court's denial of M.D.M.'s request for juvenile certification, but reversed the order allowing the State to sentence him as an adult. M.D.M. dissented. M.D.M. was charged as a Youthful Offender and requested to be treated as a juvenile instead. The trial court denied his motion, stating that he could be rehabilitated and that the public would be safe if he was treated as a Youthful Offender. The court's decision was based on facts and evidence presented during the hearing. On appeal, M.D.M. argued that the trial court made several mistakes in denying his request. He believed the written order did not match what was discussed in court and that he was not given a fair chance for rehabilitation while being treated as a Youthful Offender. The court ruled that the trial court's initial decision was reasonable and did not abuse its discretion in treating M.D.M. as a Youthful Offender. However, the court also found that the written order mistakenly stated that M.D.M. should be sentenced as an adult. The court clarified that M.D.M. should be treated as a Youthful Offender if convicted. The decision included guidance for the trial court to ensure that M.D.M.'s case is handled appropriately moving forward.

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C-2010-77

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In OCCA case No. C-2010-77, Markeese Kreashawmn Ward appealed his conviction for Trafficking CDS and Unauthorized Use of a Motor Vehicle. In an unpublished decision, the court decided to deny his petition for a writ of certiorari and affirmed the trial court's order denying his motion to withdraw his guilty plea. One judge dissented. Markeese Kreashawmn Ward was in court for committing serious crimes. On December 19, 2007, he said he was guilty to two charges: Trafficking in Controlled Dangerous Substances (CDS) and Unauthorized Use of a Motor Vehicle. Because he was a young adult, the judge decided he could join a special program called the Delayed Sentencing Program for Young Adults. This program was supposed to give him a second chance, and his sentencing was scheduled for a year later, on December 19, 2008. When that day came, the judge decided that Markeese had not done well in the program, so he was punished with five months in jail. After his jail time, he was supposed to go into another program designed to help him. Later, on November 13, 2009, the judge sentenced him to 45 years in prison for Trafficking and 5 years for unauthorized vehicle use, with both sentences running at the same time. Markeese didn't like the sentences he received and wanted to change his mind about pleading guilty. He filed a motion to withdraw his guilty plea, but the court held a hearing and decided not to allow him to withdraw his plea. Markeese believed there were two main reasons why he should be allowed to change his plea: 1. He claimed that some conditions added by the judge to his plea agreement were unfair because he didn’t agree to them. He thought this broke the rules about how judges and other branches of government should work separately. 2. He argued that the judge didn’t sentence him within the year required by law, making the sentence illegal. As the court reviewed these claims, they decided that the judge had done everything by the rules. First, they found that the judge's notes did not change the original agreement Markeese had made when he pleaded guilty, and he could have refused to accept the new conditions if he wanted. Therefore, his plea was still valid. For the second point, the court noted that even though Markeese thought the judge’s actions were a delay in sentencing, they were not. Instead, the judge was just giving him another chance to succeed in the program. The court pointed out that the judge was following the law properly by looking at Markeese's progress and determining if he deserved to have his sentence delayed further. Eventually, the court realized that the judge’s actions had led to a misunderstanding. To account for it properly, the court determined that Markeese had already been treated as if he had been given a part of his sentence when he was sanctioned to jail time and sent to the aftercare program. However, since Markeese had also been sentenced again later, it was like giving him two different sentences for the same crime, which is not allowed. In summary, the court decided to keep the original decision to deny Markeese's request to withdraw his plea but corrected what would happen next. They asked that his official record reflect that the sentence imposed during the sanction in December 2008 was what he needed to serve, and they mentioned that he should be released from custody. The result was that Markeese's case was somewhat settled, and his future would look different than it may have before, with the court noting a mistake that needed fixing without adding more time to his punishment.

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F-2009-236

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In OCCA case No. F-2009-236, James Lee Copeland, Jr. appealed his conviction for Attempted Robbery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm his conviction but ordered the district court to correct the official record to properly reflect the conviction and remove an incorrect statement about parole eligibility. One judge dissented.

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C-2004-739

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In OCCA case No. C-2004-739, Billy Jack Brown, Jr. appealed his conviction for Attempt to Manufacture the Controlled Dangerous Substance Methamphetamine and/or Amphetamine, Child Endangerment, and Possession of a Controlled Dangerous Substance Methamphetamine or Amphetamine. In an unpublished decision, the court decided to grant his petition for a writ of certiorari and remand the case for a new hearing on his application to withdraw his plea. One member of the court dissented. Billy Jack Brown pleaded no contest to three charges related to drugs and child endangerment. He was given a long prison sentence and a large fine. After some time, Brown wanted to change his plea. He said he felt pressured to plead guilty, claiming his lawyer told him if he didn’t, his wife wouldn’t be accepted into Drug Court. Brown said he didn't agree with his lawyer on many things and felt that it was hard for him to make a good decision about his plea. During a hearing about his request to change his plea, his lawyer said he was unsure about how to proceed because he couldn’t recommend that Brown change his plea. The court found that because Brown and his lawyer had a conflict of interest, he did not receive effective help, which is a right every person has. The court decided that Brown should have a new hearing so he could properly address his reasons for wanting to withdraw his plea. The decision was made to let Brown have this chance, and the appeals court ordered that the case be sent back for a new hearing to properly look at his request. One judge disagreed with this decision, saying that Brown's statements about being coerced were not supported by the evidence and that he had made a voluntary plea.

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F 2004-269

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In OCCA case No. F 2004-269, Edward Lee Cox, Jr. appealed his conviction for Shooting with Intent to Kill, Robbery with Firearms, and Larceny of an Automobile. In an unpublished decision, the court decided that his conviction for Robbery with Firearms should be reversed and dismissed, while the convictions for the other two counts were affirmed. One judge dissented.

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F 2002-101

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In OCCA case No. F 2002-101, Danny Joe Boomershine appealed his conviction for Forcible Sodomy and Rape by Instrumentation. In an unpublished decision, the court decided to affirm his convictions but modified the sentences to run concurrently instead of consecutively. One judge dissented, suggesting that the sentences should be modified to life.

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RE-2001-650

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In OCCA case No. RE-2001-649, RE-2001-650, the appellant appealed his conviction for revoking a suspended sentence. In a published decision, the court decided to uphold the revocation of the suspended sentences but instructed the lower court to correct the time remaining on one of the sentences. One judge dissented. The case involved an individual who had previously been convicted of pointing a firearm and was given a ten-year sentence that was suspended, meaning he did not have to go to jail right away if he followed the rules set by the court. Unfortunately, the appellant broke several of these rules, which led to the first part of his suspended sentence being revoked after five years. Later, he committed new offenses while still on probation, including not reporting to his probation officer and testing positive for drugs. Because of these additional violations, the state filed applications to revoke the remainder of his suspended sentence. In court hearings, the appellant was given chances to show he could follow the rules, but he did not meet the requirements set by the court, leading to the revocation of both suspended sentences. The court found there was enough evidence to show he had violated his probation. However, the appellant argued that the court made a mistake by sentencing him to serve a full five years in one part of his case when he had less than five years left. The state agreed with this point, and the appeals court ruled to correct the time he should actually serve. Overall, the court decided that the revocation was justified due to multiple violations. The case shows the importance of following court rules after a suspended sentence is given.

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F-2000-617

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In OCCA case No. F-2000-617, Bernard Eugene Laster, Jr. appealed his conviction for Possession of Controlled Dangerous Substance and Unauthorized Use of a Motor Vehicle. In a published decision, the court decided to affirm the order of acceleration of Laster's sentences for the first two offenses but vacated the judgment for the third offense related to a tax stamp. There was no dissent.

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F 2000-599

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In OCCA case No. F 2000-599, Charles Earl Smith, Jr. appealed his conviction for Omitting to Provide for Minor Child. In an unpublished decision, the court decided to affirm the conviction and modify the restitution amount. One judge dissented. Charles Earl Smith, Jr. was found guilty in a court for not taking care of his child. After the trial, he was sentenced to three years in prison and ordered to pay a fine and restitution. The restitution amount was initially set at $10,247.00, but Smith argued this was unfair. The court looked at the case closely and found that the restitution amount should actually be changed to $10,035.25 after considering some payments that Smith had already made. They agreed that the judge had the right to ask for restitution, but the amount needed to be fixed. In the end, the court agreed with Smith about changing the restitution amount but kept the rest of the conviction the same.

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