F-2018-269

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In OCCA case No. F-2018-269, David Anthony Tofflemire appealed his conviction for Possession of Child Pornography. In an unpublished decision, the court decided to affirm his conviction. One member of the court dissented. Tofflemire was found guilty at a trial without a jury and received a sentence of sixteen years in prison, with eight of those years suspended. He argued that there was not enough evidence against him, that he did not understand his waiver of the jury trial, and that there was an error in taxing him with an attorney fee even though he had his own lawyer. The court reviewed the case carefully and found that the evidence presented was sufficient for a reasonable person to conclude that Tofflemire knowingly possessed child pornography on his cell phone. They stated that the prosecution provided enough proof to support the conviction. Regarding the waiver of his jury trial, Tofflemire claimed he did not fully understand what he was doing. However, the court noted that he had signed a form waiving his right to a jury trial and that his lawyer acknowledged this waiver on the record. Since there was no evidence of coercion or misunderstanding, the court decided Tofflemire's waiver was valid. Finally, concerning the attorney fee, the court recognized that Tofflemire had hired his own lawyer but also that a fee for a court-appointed lawyer was mentioned in the court documents by mistake. Therefore, the court decided to remand the case back to the district court to correct this clerical error. In conclusion, Tofflemire's conviction was upheld, but the court took action to ensure the records reflected the correct information concerning the attorney fee.

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F-2008-1016

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In OCCA case No. F-2008-1016, Robert C. Ferrell appealed his conviction for trafficking in controlled substances (MDMA, or Ecstasy) and possession of an offensive weapon in the commission of a felony. In an unpublished decision, the court decided to affirm the convictions, but remand for correction of the Judgment and Sentence. One judge dissented. Robert C. Ferrell was found guilty by a jury in McIntosh County. The jury decided that he was guilty of two serious crimes: having a large amount of drugs and having firearms in a way that was illegal. The judge then sentenced him to serve twenty years in prison for the drug crime and thirty-five years for the weapon charge. These sentences would be served one after the other, making a total of fifty-five years in prison. Ferrell raised several points in his appeal. He argued that the evidence against him was not strong enough to support his convictions. He also thought that his lawyer did not help him enough during the trial. He believed his punishment was too harsh. Additionally, he stated that the court made errors when it added costs related to charges he wasn't even tried for, and that the prosecutor did not act fairly. After looking carefully at everything, the court agreed that the evidence showed that Ferrell had shared control over the drugs and firearms discovered during a police chase. The police had seen guns and heard conversations that suggested he was involved in wrongdoing. The court determined that this evidence was enough for a reasonable person to find him guilty. The appeal also discussed whether Ferrell's lawyer had failed him by not challenging a witness's statements or trying to block certain pieces of evidence. However, the court felt that the lawyer's actions did not affect the outcome of the case. Ferrell asked the court to change his punishment, but they decided the sentences were reasonable given his past actions. As for the other points he made about the fines and counts that were wrong, the court agreed that some costs should be removed because he was not convicted of all those charges. They also acknowledged a mistake in the legal reference for the drug charge. In the end, the court upheld Ferrell's convictions, but they sent the case back to make corrections to the official records. They found that there were no major errors that would change the outcome of the trial, so the convictions remained intact.

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